Hon. Carmen Velasquez — Part 38 Rules

PART 38 - RULES , PRACTICES and PROCEDURES

JUSTICE CARMEN R. VELASQUEZ

Supreme Court of the State ofNew York

Queens County - Civil Term

Part 38 Courtroom116

88-11 Sutphin Boulevard, Jamaica NY 11435

Chambers: (718) 298-0594

Courtroom/Part Clerk: (718) 298-1002

Part 38 E-mail: QSCPart38@nycourts.gov

Principal Law Clerk: Richard A. Chase, Esq.

Secretaryto Justice: GudyGulino

Part Clerk: Michael Cunningham (718) 298-1002

Motion Support Office (718) 298-1009

Ex Parte Support Office (718) 298-1018

Trial Scheduling Part (718) 298-1048

Court Clerk’s Office (DCM) (718) 298-1140

GENERAL

IMPORTANT NOTE: Individual Court Parts do not receive notifications when

E-filed papers are entered into the Queens County Clerk - NYSCEF system. Any papers

that the court must take action on, such as stipulations to be so ordered, stipulations of

adjournment or discontinuance or letters by movant withdrawing a motion must be sent

to chambers via E-mail at QSCPart38@nycourts.gov.

1. All questions regarding motions, orders to show cause, adjournments, calendar

calls, and scheduling should be made via email to QSCPart38@nycourts.govor to

the Part Clerk. No telephone inquiries concerning motions or other

applications shall be madeto chambers.

2. The movant and cross-movant, if any, will be required tosubmit a Motion

Submission Form

https://www.nycourts.gov/LegacyPDFS/COURTS/11jd/supreme/civilterm/motion

_submissi on_form.pdf by email toQSCPart38@nycourts.govno later than two

(2) business days [forty-eight (48) business hours] prior to the calendared date and

time.

3. Please notify the Court, especially while a motion is pending, if the action has

been settled, discontinued, and/or the motion has been resolved via email to

QSCPart38@nycourts.gov with a cc to ALL parties.

4. Part 38 is entirely an e-filing part and does not accept working copies of

motions/documents. DO NOT MAIL IN ANY COURTESY COPIES OF

PAPERS, unless requested by the Court, as they will be discarded.

COMMUNICATIONS with PART 38 and CHAMBERS

1. Counsel and litigants (represented or self-represented) are advised that Justice

Velasquez, her Law Clerk, Secretary, and Part Clerk may not engage in anyex parte

communications.

2. Absolutely no telephone inquiries concerningmotions or applications may be made

to chambers. Such inquiries or concerns shall be addressed to the Part Clerk or via

email to QSCPart38@nycourts.gov.

3. Do not send any letters, documents, papers, mail, or facsimile to the Part or Chambers

unless expressly permitted by these Rules or by prior permission of the Court .

ELECTRONIC FILING

REMINDER: Individual court parts do not receive notifications

when E-filed papers are entered into NYSCEF.

1. All cases in Part 38 are required to be electronicallyfiled through the New York

State Courts E-Filing (NYSCEF) system. Attorneys are expected to familiarize

themselves with NYSCEF procedures at http://iapps.courts.state.ny.us/nyscef/Login

For more information on e-filing rules, parties may also visit:

http://www.nycourts.gov/courts/1jd/supctmanh/efiling.shtml

2. Please do not send courtesy copies of any documents that were E-filed, unless

directed by the Court. EXCEPTIONS: Documents requiringJustice Velasquez’s

signature, such as stipulations to be so-ordered, MUST be E-filed with NYSCEF

and sent via email to QSCPart38@nycourts.gov

MOTION CALENDAR

1. All motions shall be made returnable and heard on Mondays at 9:30 a.m. The

second call of the calendar is at 10:30 a.m.

Effective April 17, 2023, appearances are mandatory on all Discovery related

motions.

All other motions shall be on submission and appearance is not required nor are

working copies required.

2. The movant and cross-movant, if any, will be required tosubmit a Motion

Submission Form

https://www.nycourts.gov/LegacyPDFS/COURTS/11jd/supreme/civilterm/motion_submis

sion_form.pdfby email to QSCPart38@nycourts.gov

no later than two (2) business days forty-eight (48) business hours] prior to

the calendared date and time.

3. As to any requests for an adjournment, see ADJOURNMENT section below.

4. There shall be no oral argument unless the court directs otherwise. If the court

believes oral argument is necessary, it will contact the parties, and such argument

shall be conducted via Microsoft Teams.

5. The Court will not consider papers E-filed or papers sent to chambers or

the Part after submission of the motion or cross motion(s)without the written

consent of all parties and the approval of the court.

6. All motion papers submitted to the Court shall be in compliance with 22 NYCRR §

202.5. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS

SECTION MAY RESULT IN THE REJECTION OF THE NONCOMPLIANT

SUBMISSION.

SUR REPLY AND OTHER PAPERS

The Court will not consider Sur Reply papers or any other supplemental papers

without the express permission of the Court.

CROSS-MOTIONS

Cross-Motions are considered responsive in nature and must be timely filed,

pursuant to the CPLR, along with proof of payment of the statutory motion fee in

order to be accepted and considered.

Cross-motions shall NOT be considered as opposition to main motions. Papers

proffered in opposition to the main motion shall be contained in a stand-alone

document and NOT submitted in the cross-motion. Likewise, papers proffered in

opposition to a cross-motion shall be a stand-alone document and NOT submitted

in a Reply.

MOTIONS TO RENEW/REARGUE

Motions to renew and/or reargue MUST contain a copy of the court’s original

decision and copies of all papers submitted in support of the original motion.

CONDEMNATION MOTIONS

All condemnation motions shall be made returnable on the first Thursday of

every month at 10:00 A.M. in Part 38. All condemnation motions shall be on

submission unless the court directs otherwise. If a conference is directed by the

court, it shall be held via Microsoft Teams.

Condemnation motions may be adjourned as set forth in the section below.

ADJOURNMENTS OF MOTIONS

1. Motions maybe adjourned on consent provided a written stipulation of all parties is

submitted to the Part Clerk, no later than forty-eight (48) hours prior to the calendar

date and time, via email at QSCPart38@nycourts.gov. All stipulations for

adjournment must be fully executed by all parties.

Applications for adjournments made less than forty-eight (48) hours prior to the

motion submission date will be accepted only at the discretion of the Court.

Adjournment dates are scheduled by the Court and not by the requested dates

designated in a Stipulation or on the Motion Submission Form.

2. Absent extenuating circumstances, consent adjournments shall be limited to one (1).

Thereafter, the parties MUST contact the Part Clerk via email at

QSCPart38@nycourts.gov if seeking any further adjournments.

CONFERENCES

Conferences are only held at the discretion of the Court. At this time, all conferences will

be conducted virtually via Microsoft TEAMS.

PRELIMINARY AND COMPLIANCE CONFERENCES

**** DO NOT CALL CHAMBERS ****

Any voice mail messages received in chambers pertaining to these conferences

WILL NOT be returned.

1. Part 38 does not hold Preliminary Conferences or Compliance Conferences. DO

NOT CALL CHAMBERS with questions regarding Preliminary Conferences

and/or Compliance Conferences.

2. For information regarding Preliminary Conferences please click the following link:

Preliminary Conference Part

3. For more information regarding Compliance Conferences please click the following

link: Compliance Conference Part

a Effective February 7, 2022, Compliance Conference Orders will be

automatically generated by the assigned Compliance Conference Part.

b The so-Ordered Compliance Conference Order will be forwarded to the

County Clerk. A copy can be obtained via NYSCEF fore e-filed cases or

from the County Clerk, for non-e-filed cases. No appearance is required.

c Parties should refer to the assigned Justice part rules for further guidance.

The following email addresses may be used to contact the Compliance

Conference Parts:

i Hon. Tracy Catapano-Fox – CSP1@nycourts.gov

ii Hon. Laurentina McKetney-Butler – CSP2@nycourts.gov

iii Hon. Sally Unger – CSP3@nycourts.gov

VIRTUAL CONFERENCES – GENERAL PROTOCOL

1. All lawyers and litigants should identify themselves at the beginning of each

appearance.

2. All microphones should be muted when not in use.

3. Courtroom rules apply – speak one at a time and do not interrupt other speakers,

including the Judge.

4. Recording the proceeding by anyone other than the Judge, Court Reporter or other

Court personnel, is PROHIBITED.

5. Attorneys should make every effort to appear via video, with cameras engaged.

Telephonic appearances should be limited to litigants who are unable to appear via

video.

6. Maintain the decorum of an in-person courtroom. Lawyers and litigants should appear

from an office or quiet space. Background noise is detrimental to the conditions

necessary to ensure an accurate transcript and diminishes the decorum of the

proceeding.

7. If an individual is unable to appear via video, that individual should contact the part

email QSCPart38@nycourts.gov

UNCONTESTED MATRIMONIALS

Where matrimonial papers have been rejected bythe court for revision, the self -represented plaintiff

or plaintiff’s attorneywill be sent (bymail or email) a Notice of Defect or a Memorandum decision

informing the movant of any defects in the filings that will prevent the court from signing the

Judgment of Divorce. Plaintiff will have forty-five (45) days from the date of the Memorandum to

submit the information and/or documents requested.

The failure to submit the requested information and/or documents may result in dismissal of the

action.

For e-filed cases: Required corrections MUST be uploaded to the NYSCEFsystem and an email to

chambers MUST be sent advising that changes have been submitted.

E-mail: QSCPart38@nycourts.gov

For non-efiled cases: Required corrections must ONLYbe mailed to the Chambers of

Justice Velasquez, New York State Supreme Court, 88-11 Suthphin Blvd., Jamaica, NY 11435.

TRIALS

1. Upon assignment to Part 38, all parties appearing for trial must be familiar with the

case, ready, and authorized to participate in settlement discussions and/or proceed

to trial.

2. All counsel must submit to the Court, prior to the commencement of trial, marked

pleadings, copies of the bill of particulars, a witness list, an exhibit list, proposed

jury instructions and a proposed verdict sheet via email at

QSCPart38@nycourts.gov.

3. Motions in limine - On the first appearance in the Part for trial, anypartyintendingto

make a motion in limine shall submit a brief written affirmation setting forth the

nature of the application and any supporting statutory or case law. The party shall

furnish the court with an original and one copyand provide to all parties with a copy.

4. The trial will be conducted on a continuous dailybasis until its conclusion. The Court

expects that any trial on damages will follow immediatelyafter a verdict in favor of

liability.

5. No adjournments or delays duringtrial will be accepted absent exigent circumstances.

6. If any party has a need for an interpreter, please advise the Part at least two (2)

business days in advance.

SETTLEMENTS AND DISCONTINUANCES

Ifan action is settled, discontinued or otherwise disposed of, parties shall immediatelyinform the

Court by submission of a copy of the Stipulation or a letter directed to the Clerk of the Part and

sending it via email to QSCPart38@nycourts.gov. All Stipulations of Discontinuance must be

accompanied by proof of filingwith the County Clerk and payment of the appropriate fee [CPLR

§8020(d)(1)].

INFANT COMPROMISE ORDERS

Applications for Infant Compromise Orders shall be made pursuant to CPLR §

1207(a) and shall be supported by the documentation required under CPLR § 1208 and 22

NYCRR §202.67.

Applications submitted without the appropriate documentation will be denied. Infant

compromise hearings will be scheduled by the Court and the parties will be notified of the

hearing date by email.

If an interpreter is necessary for an Infant’s Compromise hearing, please advise the

Part at least two (2) days in advance.

Hard Copies of all Infant Compromise Orders and supporting papers are

required even for e-filed matters.

All orders and papers must be sent to the Clerk of Part 38 at 88-11 Sutphin

Boulevard, Courtroom116, Jamaica NY 11435.

ALERNATIVE DISPUTE RESOLUTION (ADR)

The Court encourages the use of alternative dispute resolution.

The parties may request ADR or may be referred to ADR by order of the Court.

More information is available from the ADR Coordinator, Linda Dardis, Esq. at

qscadr@nycourts.gov and from the court website at Alternative Dispute Resolution (ADR)