Hon. Ilana J. Marcus — Part 5 Rules

Hon. Ilana J. Marcus, J.S.C.

Part 5 -City IAS Part

80 Centre Street, Room 320

NewYork, NewYork 10013

Part Clerk

Samantha Jacobs,SFC-Part5-Clerk@nycourts.gov

Part/CourtroomTelephone

(646)386-3374

Principal CourtAttorney

Anthony Graniere,Esq.

Assistant Law Clerk

Nora Kelly,Esq.

General

1. All parties shall familiarize themselves with these practice rules, the New York County

Uniform Rules (Local Rules), Administrative Rules of the Unified Court System &

Uniform Rules of theTrial Courts, and NewYork Civil Practice Lawand Rules.

2. Partiesshallimmediately notify thePartClerk byemailtoSFC-Part5-Clerk@nycourts.gov

of the settlement or resolution of any case, claim, or pending motion.

3. Chambers is not notified when correspondence is uploaded to NYSCEF. All

correspondence to the court or documents requiring Justice Marcus’ signature (e.g.,

proposedorders,stipulations,ortranscriptstobe“so-ordered”),mustbeelectronicallyfiled

and emailed to the Part Clerk at SFC-Part5-Clerk@nycourts.gov.

4. Notice of court appearances is provided by the New York State Unified Court System’s

eCourts website, accessible at https://iapps.courts.state.ny.us/webcivil/FCASMain.

Counsel and pro se parties are responsible for monitoring eCourts and are encouraged to

utilize theeTrack case tracking serviceto track their cases.

5. Parties shall not contact the Part or Chambers by phone or email withsubstantive ligation

inquiries.All requests for judicial intervention must be made by motion or on the record

during acourtroom appearance.

6. The email address SFC-Part5@nycourts.gov will no longer be monitored by the Court.

The Part Clerk can be contacted at SFC-Part5-Clerk@nycourts.gov.

Adjournments

7. DO NOTCALLCHAMBERS ORTHE PART REGARDING ADJOURNMENTS.

8. Requests to adjourn any appearance must be made at least two business days before the

scheduled appearance.

9. CourtroomAppearances:All requests to adjourn an appearance in Part 5 must be made in

the following manner: The requesting attorney shall first contact all adversaries to seek

their consent before contacting the court.All adjournment requests shall be electronically

filed via NYSCEF and emailed to the Part Clerk at SFC-Part5-Clerk@nycourts.gov.All

parties must be included in the email to the Part Clerk. If the request is made with the

consentofall parties,itmustbesubmittedbyafullyexecutedstipulationstatingthereason

for the request. If all parties do not consent, the requesting party may submit an attorney

affirmation(or,forself-represented parties,aletter)inlieuofastipulation.Theaffirmation

or letter must state the reason for the request and describe in detail all attempts made to

obtainconsent.

10. DepositionAppearances:All requeststoadjournadeposition appearance must be made in

the following manner: The requesting attorney shall first contact all adversaries to seek

their consent before contacting the court.All adjournment requests shall be electronically

filed via NYSCEF and emailed to the PartClerk at SFC-Part5-Clerk@nvcourts.gov.All

parties must be included in the email to the Part Clerk. If the request is made with the

consentofall parties,itmustbesubmitted byafullyexecutedstipulationstatingthereason

for the request. If all parties do not consent, the requesting party may submit an attorney

affirmation(or,forself-represented parties,aletter) in lieuofastipulation.Theaffirmation

or letter must state the reason for the request and describe in detail all attempts made to

obtainconsent.

11. Motion Submission Appearances: To request an adjournment with consent of all parties,

file a fully executed stipulation that states the reason for the request to NYSCEF. If all

parties do not consent to the request, an attorney affirmation or letter (for pro se parties

only) may be submitted in lieu of a stipulation. Requests to adjourn the return date more

than60daysaftertheinitial returndateornotonconsent mustalsobeemailed tothePart

Clerk at SFC-Part5-Clerk@nvcourts.gov and all parties must be included in the email

to the Part Clerk.

Motion Practice

12. Discovery conferences for cases in the City Part are scheduled by the Differentiated Case

Management Part (“DCM”), not by the individual assignment parts. A Case Scheduling

Order will be issued, or a Preliminary Conference will be scheduled, by the DCM Clerk

based onthe date the Requestfor Judicial Intervention(“RJI”) wasfiled.

13. To the maximum extent possible, discovery disputes should be resolved through informal

procedures, such as conferences, as opposed to motion practice (22 NYCRR § 202.20-f

la]).

14. Parties shall meet and confer regarding all discovery disputes, as set forth in the Uniform

Civil Rules for the Supreme Court & the County Court. If the dispute cannot be resolved

by a meet and confer, the parties are directed to contact the Part Clerk by email to SFC-

Part5-Clerk@nycourts.gov to requestaconference with the court before filingadiscovery

motion.

2

15. All motionsforsummary judgmentshall be madenomorethan 120daysafterthefilingof

thenoteofissue.Amemorandumoflawisrequiredforall motionsforsummaryjudgment.

16. Part 5 isa paperless part. Hardcopies ofelectronically filed motionsare not required.

17. Contested motions, except motions to renew or reargue or for certain discovery disputes,

will be scheduled for oral argument. Oral argument of unopposed motions will be

scheduled at the court’s discretion. Partiesand counsel aredirected to monitor the eCourts

system (https://iapps.courts.state.ny.us/webcivil/FCASMain)for the oral argument date.

18. ThePart 5 motioncalendarisheld onTuesdaysat 10:00a.m.and 11:30a.m.,asdesignated

on eCourts. Parties appearing for motions should check in with the Court Officer or Part

Clerk upon arrival. Cases will be called at thecourt’sdiscretion,and any party not present

when the case is called may bemarked indefault.

19. Ex Parte applications and Orders to Show Cause shall be made according to the rules

available at https://ww2.nvcourts.gov/courts/ljd/supctmanh/ex parte applications.shtml.

20.To withdraw a fully submitted motion that is pending in Part 5 (whether or not oral

argument has been scheduled), electronically file a stipulation or letter withdrawing the

motion to NYSCEF and advise the Part Clerk immediately by email to SFC-Part5-

Clerk@nycourts.gov.

Trials/Evidentiary Hearings

21. Parties shall provide hard copies of the following to the court at the pre-trial conference:

markedpleadingsandbillsofparticulars;allpriordecisionsinthecase;allnoticestoadmit,

with responses; copies of transcripts of depositions intended for use at trial; and contact

information for counsel to the parties. In the case of a jury trial, the parties shall also

provide a proposed jury verdict sheet; proposed PJI instructions; and a list of proposed

witnesses.Ifawitnessneedsaninterpreter,pleaseadvisethePartClerkassoonaspossible

ofthelanguageandanydialect.Theavailabilityofexpertwitnessesshallbecommunicated

to the Part Clerk before the pre-trial conference.

22. Partiesare strongly encouraged to stipulateto all factsand documents not in dispute prior

to trial, and to have agreed-upon documents, photographs and other exhibits pre-marked

into evidence by the court reporter outside the presence of the jury.

23.It isthe duty of the parties, notcourt personnel, to confirm that all subpoenaed documents

have arrived in the subpoenaed records room at 60 CentreStreet.

24. All requests to set up audiovisual equipment in the courtroom shall be directed to the Part

Clerk at SFC-Part5-Clerk@nycourts.gov.

3