Hon. Kathy J. King — Part 6 Rules

II.

III. MOTIONS

A. FILING AND FORMAT REQUIREMENTS

1) Part 6 is a paperless Part. Courtesy copies of motion papers are not required unless the case is non-

eFiled (a "paper case") or the Court specifically requests them.

2) All motion papers must be filed electronically on NYSCEF. For non-NYSCEF actions, file by mail to

the General Clerk's Office (Room 119). Self-represented parties are exempt from e-filing.

3) Motion papers, answering affidavits, and reply affidavits must be served in accordance with CPLR

2214and 2215or the most recent Administrative Order, unless otherwise stipulated or ordered.

4) All motion papers (including notices, opposition, reply, memoranda, exhibits, affirmations, and

affidavits) must reflect the respective motion sequence number in the upper right-hand corner of the

first page.

5) Each exhibit must be e-filed under its own document number and labeled as to its nature (e.g.,

complaint, contract dated 1/1/18, etc.).

6) Proposed orders submitted to be“So Ordered”should be inWORD format.

B. MOTION TIMING AND CONTENT

1) Except for discovery motions, no prior permission is required for filing a motion. Justice King does

not accept Commercial Division Rule 24 letters unless expressly requested.

2) Letters and papers are not accepted after the return date without the Court’s permission.

jtiburcio@nycourts.gov and cfernandes@nycourts.gov no later than 24

hours before your

CIVIL TERM – Part 6 Rules Hon. Kathy J. King

60 Centre Street, Courtroom 351, New York, NY 10007

Associate Law Clerk: Jessica Tiburcio, Esq;jtiburcio@nycourts.gov

Assistant Law Clerk:

ADJOURNMENTS

A. To request an adjournment, notify the Part Clerk at SFC-Part6-Clerk@nycourts.govandLawClerks at

scheduled appearance and state whether any prior

adjournments have been sought.

Cyerra Fernandes; cfernandes@nycourts.gov

Part 6 Court Clerk: SFC-Part6-Clerk@nycourts.gov

Courtroom Number: (646) 386-3312

I. GENERAL

A. DECORUM

1) Everyone is expected to dress for the business of the court.

B. COMMUNICATIONS WITH CHAMBERS

1) There shall be no ex parte communications with the court.

2) Do not copy the Court on letters or emails exchanged between the parties unless expressly requested by

the Court.

3) If communication with Chambers is necessary, it must be made by email with all parties cc’d and the

case name and index number in the subject line to the respective emails above.

4) Do not call or email Chambers regarding clerical or administrative matters, including but not limited to

the following: calendar inquiries, scheduling of oral arguments, case status, entry of signed orders, e-

filing issues, etc. or information that can be found in these Part Rules. Such inquiries should be directed

to the Park Clerk at SFC-Part6-Clerk@nycourts.gov

3) Summary Judgment Motionsa) must be filed within 90 days after the filing of the Note of Issue, and b)

must adhere to22 NYCRR202.8-b, 202.8-g(a), 202.8-g(c), and 202.8-g.

C. ADJOURNMENTSAND SETTLEMENTS

1) Requests to adjourn a motion returnable in the Motion Submissions Part (Room 130) must be directed

to Room 130, not to the Part Clerk or Chambers.

2) Requests for an adjournment beyond 60 days must be made to the Part Clerk at SFC-Part6-

Clerk@nycourts.govand the Law Clerks atjtiburcio@nycourts.govandcfernandes@nycourts.gov.

3) Adjournments are permitted on consent of all parties by e-filing and emailing a fully executed

stipulationto Chambers and the Part Clerk seven days prior to the appearance date.

4) All stipulations to adjourn must befiled by the partiesbefore they can be So Ordered by the Court.

5) If a motion is withdrawn or settled, the parties must promptly email the pertinent

withdrawal/settlementstipulationto the Part Clerk and Law Clerks.

D. ORALARGUMENTSAND MOTION STATUS

1) Oral argument on motions will be heard on Tuesdays each month. The first and only calendar call will

take place at 10:30 a.m.

2) Attorneys and/or Pro Se/Self-Represented Litigants appearing for oral argument are expected to be

fully familiar with the issues raised in the motion(s).

3) Motions are scheduled for oral argument at theCourt’s discretion.

4) Do not call the Part Clerk to check on the status of a decision. Instead, contact Chambers via email to

the Law Clerks atjtiburcio@nycourts.govand cfernandes@nycourts.gov.

IV. COMPLIANCE ANDDISCOVERY

A. DEADLINES AND SANCTIONS

1) Parties must strictly adhere to all discovery deadlines in preliminary, compliance, and status conference

orders.

2) Unexcused failure to comply with Court-fixed requirements and deadlines may result in the imposition

of costs, sanctions, penalties, or other applicable remedies upon the offending party (pursuant to 22

NYCRR202.27 and 130.21,see Kihl v Pfeffer, 94 NY2d 118 [1999]).

3) The Note of Issue filing date will be provided by the Court on the date of the conference.

B. DISCOVERY CONFERENCES

1) In-person discovery conferences take place each Thursday, commencing at 10:00 a.m. A fully

executedand signed stipulation on consent from all parties/counsel will be accepted via email to

the Law Clerksatjtiburcio@nycourts.govandcfernandes@nycourts.govin lieu of an appearance

no later than 5:00pm on the Wednesday prior to the respective status conference and court

appearance.

2) Counsel must be present in the courtroom and ready to proceed with the conference. Simply writing a

telephone number on the calendar outside the courtroom is not considered an appearance.

3) If a party is not present and ready to proceed by 11:00 a.m., a default may be taken.

4) The date for a compliance/status conference shall be set by the Court in the preliminary conference

order, typically scheduled no later than three to four months after the order, absent extenuating

circumstances.

C. ADJOURNMENTS

1) Adjournments arestrongly discouraged.

2) The first request for an adjournment will be automatically granted.

3) Subsequent requests will not be granted except for good cause shown.

4) Failure to appear for a conference on two consecutive dates will result in case dismissal or the striking of

pleadings, which is strictly enforced.

D. DISCOVERYDISPUTES ANDMOTIONS

1) Discovery motions are not permitted without prior Court approval.

2) If a discovery motion is filed without first seeking the Court's permission, it will not be deemed

submitted. Such motions must include language indicating the date the Court granted permission to file.

3) The Court encourages parties towork diligently to resolve disputesprior to requesting the Court's

intervention, in compliance with Uniform Rule 202.7(a)(2).

4) If a dispute arises, the parties shall advise thePart ClerkatSFC-Part6-Clerk@nycourts.govand the

LawClerksatjtiburcio@nycourts.govandcfernandes@nycourts.gov. A conference will then be

scheduled oradvanced.

5) When a defendant serves a demand for authorizations together with a bill of particulars, plaintiff's

counsel shall serve the authorizations with the bill of particulars.

V. SETTLEMENT

A. ADR ANDCONFERENCE SCHEDULING

1) Following the decision of dispositive motions or the filing of the Note of Issue (NOI), the Court will

issue an ADR Order for settlement resolution prior to the judicial settlement/pre-trial conference.

2) The ADR Order will advise the parties of the date and time of the settlement/pre-trial conference

with Judge King. The ADR Department will contact the parties to arrange the initial ADR session.

3) Only one ADR session and one settlement conference will be held. If the case does not settle, the

parties will be given afirm trial date.

B. REQUIRMENTS AND ATTENDANCE

1) Counsel must be fully familiar with the case and be authorized to enter into both substantive and

procedural agreements.

2) If an SJ motion is pending and an ADR or settlement conference is scheduled, the parties must

immediately notify the Part Clerk at SFC-Part6-Clerk@nycourts.gov and the Law Clerks

atjtiburcio@nycourts.govandcfernandes@nycourts.gov by email.

3) Settlement conferences will not be adjourned absent good cause shown. If an SJ motion is pending, the

Court will provide a new date.

4) Counsel are expected to appear for all scheduled conferences and/or motions until the stipulation of

discontinuance is emailed to the Court, unless otherwise directed by the Court.

VI. TRIAL

A. PRE-TRIAL SUBMISSIONS (DUE BY PRE-TRIAL CONFERENCE)

1) Counsel appearing for the pre-trial conference must email the following documents to the Law Clerks

at jtiburcio@nycourts.govandcfernandes@nycourts.gov:

• Motions in Limine and Trial Memoranda.

• Witness List: A list of potential witnesses (including experts) in the intended order, and

notification of any required interpreters (language and dialect).

• Pleadings & Notices: Marked pleadings, notices to admit, and bills of particulars.

• Proposed Final Jury Charges: Citing to PJI sections (indicate former PJI section

parenthetically, if applicable).

• Proposed Jury Verdict Sheet.

• Medical Glossary: A glossary of all medical terminology to be referenced at trial.

B. JURY INSTRUCTIONS

1) Proposed jury charges and verdict sheets must also be emailed to the Law Clerks in editable MS Word

(.doc) format. Amendments are permitted at the final charge conference.

2) If relying on the PJIwithout modifications, refer to it byPJI number and topic only.

3) If proposing modifications to PJI charges or suggesting non-PJI charges, submit the full text with all

changes red-lined(Word format) and include the appropriatestatutory or common law authorityfor

support.

C. EXHIBITS AND TRANSCRIPTS

1) Before opening statements, counsel must pre-mark all exhibits in the intended order. Plaintiffs will

number their exhibits; Defendants will letter their exhibits. Exhibits must be provided to the court

reporter on the first day of trial.

2) Attorneys are responsible for ensuring that subpoenaed records have arrived in the Subpoenaed

Records Room.

3) A copy of any deposition transcripts intended for use at trial must be provided to the Court

immediately before the witness takes the stand. All transcripts must include anindex.

4) Counsel must retrieve their trial exhibits within seven days of the trial’s conclusion. Exhibits left

with the Court for more than fourteen days are subject to destruction without further notice.

D. OBJECTIONS AND DECORUM

1) Speaking objections are not permitted. Counsel shall stand and say only the word "objection."

2) If further argument is required, counsel should ask for permission to approach the bench. Upon request,

counselwillbegiven the opportunitytomakeafullrecord outside ofthejury’spresence.

VII. COMPROMISEORDERS

A. PETITION REQUIREMENTS

1) Infant Compromise Order: Petitions must comply with CPLR1208 and 22 NYCRR202.67.

2) DeathCompromise Order: Petitions must comply with EPTL5-4.6 and SCPA207.38.

B. REVIEW PROCESS

1) The petition and supporting documentation are reviewed by Chambers. If additional or incomplete

documentation is needed, Chambers will notify the attorney by email.

2) All documents requested by the Court must be uploaded to NYSCEFand followed up with an email to

the Law Clerks with the enumerated documentsattached.

3) Infant Compromise hearings will be scheduled by Chambers only upon a determination that all

required documentation has been submitted.

VII. THEUSEOFARTIFICIALINTELLIGENCE

Any attorney or party who uses an artificial intelligence tool, as defined in 22 NYCRR 161.2(a), in

preparing any paper, as defined in 22 NYCRR 161.2(b), filed in or submitted to this court or served on

another party in a case before this court must (1) disclose the use of AI; (2) disclose the specific AI tool

used; (3) identify the portion of the filing drafted by AI; and (4) include a certification that the AI work

product was diligently reviewed by a human being for accuracy and applicability. If this court

determines that this requirement has not been satisfied, such attorney or party may be subject to

sanction or other remedial action.

I. ELECTRONICFILING(NYSCEF)ANDETRACK

eTrackisafreeservicethatenablespartiestotrackactiveCivilSupremeCourtcasesandtoreceive

email notifications of scheduled appearances. All parties must monitor their case. All parties are

strongly encouraged to register for eTrack service for all Part 6 cases

(https://iapps.courts.state.ny.us/webcivil)