Hon. Wavny Toussaint — Part 70 Rules

Hon. Wavny Toussaint

Civil Term Part 70 Rules

Supreme Court - Kings County

Civil Term Part 70

360 Adams Street, Room 438

Brooklyn, NY 11201

(347) 401-9236 - Courtroom

(347) 401-9201 - Chambers

(212) 295-4887 - Facsimile

Principal Law Clerk

Leonard Stewart, Esq. - Lstewart@nycourts.gov

Assistant Law Clerk

Brianna Thurman, Esq. - bthurman@nycourts.gov

Part Clerk

(TBA)

Updated

April 27, 2026

Communication

All inquiries as to case or calendar status should, in the first instance, be made to the Motion Support Office at (347) 296-1694 and then to the Part Clerk. Ex-Parte communication with Chambers by phone, mail, email or otherwise is not permitted.

Discovery

All inquiries regarding discovery or discovery motions are to be directed to the Intake Part or the Centralized Compliance Part, as applicable.

Motions

All motions require appearances and oral arguments at dates set by the Court (the “motion date”). There are NO exceptions. Currently, Part 70 motions are conducted virtually, via Microsoft Teams, on Wednesdays, at time intervals arranged by the Court and e-mailed to counsels appearing. The Teams link will be sent no later than the day before the date scheduled for said oral arguments. Additional appearance procedures and protocols are also set forth in the Court notice sent prior to each motion date.

Motions that have not been previously adjourned or appropriately answered on the call may be marked off, or a default may be entered, as appropriate. Counsels are advised that if no one appears to argue the motion after it is called to be heard, a default may be taken against the non- appearing party, or the motion may be denied.

Working copies of motions are not required at this time.

Motion papers, answering affidavits, and reply affidavits must be served on adversaries as per CPLR § 2214.

Motions may be adjourned once upon consent of the parties or upon application to the Court. No adjournments will be granted via telephone. A confirmation, in stipulation form, is to be emailed to the Judge’s law clerks at Lstewart@nycourts.gov and bthurman@nycourts.gov. Any further adjournments must be made upon application to the Court for good cause.

Summary judgment motions must be made within sixty (60) days of the filing of the Note of Issue.

Any request for a reporter must be made prior to the return date for oral argument.

Proposed orders to show cause must be brought to the Ex Parte Motion Support Office prior to submission to Part 70. Fees as required by law must be paid to the County Clerk prior to submission.

Any generative artificial intelligence (AI) submissions shall be governed by the March 25, 2026 Administrative Order of the Chief Administrative Judge of the Courts (AO/75/2026).

Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and by emailing a courtesy copy to the Court via email to lstewart@nycourts.gov and bthurman@nycourts.gov at least three (3) business days before the motion date. You will receive an email notification from the Court if your request to withdraw the motion is accepted. If you do not receive notification from the Court, the parties must appear on the scheduled motion date.

If the parties have resolved a motion pursuant to a stipulation, a copy of the stipulation must be filed in the NYSCEF system and a courtesy copy emailed to the Court to lstewart@nycourts.gov and bthurman@nycourts.gov at least three (3) business days before the motion date. The stipulation must account for all parties in the caption. If a named party in the caption has not signed the stipulation, the reason for the omission should be stated in the stipulation. You will receive an email notification from the Court if your stipulation is accepted. If you do not receive notification from the Court, the parties must appear on the scheduled motion date.

Trials

Pre-Trial Conference . The Court will conduct a virtual pre-trial conference in all matters.

Marked Pleadings . Prior to trial, counsel shall furnish to the Court marked pleadings pursuant to CPLR § 4012.

Exhibits . Counsel shall pre-mark all exhibits in the order which they intend to introduce them at trial. A list of the exhibits shall be provided to the Court prior to trial. Plaintiffs will “number” their exhibits and defendants will “letter” their exhibits.

Virtual Evidence Room . The Court will set up a Virtual Evidence Room for all trial matters. Upon order of the Court, the parties will be directed to upload copies of all proposed exhibits to the Virtual Evidence Room at a date certain.

Witnesses . Prior to trial, Counsel shall provide to the court a list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, including a summary of expected trial testimony, and any interpreters needed.

Motions in Limine . Any potential evidentiary question, procedural or substantive law matter not previously adjudicated, shall be brought to the Court's attention and addressed prior to trial by way of a written motion in limine. A written memorandum of law (no more than two pages) with citations to the Official Reports is required, except as the Court may direct otherwise. Citations and copies of relevant court decisions and statutes should be furnished to the Court prior to commencement of plaintiff's case and when otherwise requested by the Court.

Depositions . Copies of transcripts of depositions intended to be used at trial should be furnished to the Court at the commencement of the trial.

Proposed Jury Charges and Verdict Sheets . All proposed jury charges and proposed verdict sheets shall be submitted to the Court in typed form (in word format) no later than the close of plaintiff's case, or at such earlier date set by the Court.

Summary Jury Trials . You can view the rules governing at Summary Jury Trials .

Infant Compromise Hearings

All hearings are scheduled by the Court. Prior to scheduling, the Court must receive the proposed order, copies of all relevant medical records, doctor(s) affirmations (current within six months of the scheduled hearing date) and a NYS Medicaid AND NYC Department of Human Resources Lien/No Lien Letter.

Death Compromise Orders

Death Compromise petitions shall include the death certificate, retainer agreement, letters of administration, and any lien letters, in addition to any other necessary papers. If a Compromise Order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final Compromise Order. Upload the compromise order and all supporting documents to NYSCEF and email a courtesy copy (in word format) to the Court via email to lstewart@nycourts.gov and bthurman@nycourts.gov.

Miscellaneous

The Court does not give legal advice, tell the parties how to proceed, or instruct on how to file papers. The parties should not expect the Court to issue any orders for affirmative relief pursuant to an email or letter, as opposed to motion practice. Self-represented litigants may contact the Kings County Supreme Court Help Center (hours of operation: Mondays, Tuesdays, Wednesdays, and Thursdays from 9:30 a.m. to 4:30 p.m.).