Hon. Delsia G. Marshall — Part 13 Rules

Supreme Court, Queens County, Civil Term – Part Rules, Part 13

Justice Delsia G. Marshall

25-10 Court Square

Long Island City, NY 11101

Chambers Phone

(718) 298-1955

Court Room Phone

(718) 298-1901

Part 13 E-mail: QSCPart13@nycourts.gov

Assistant

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Law Clerk

Anika A. Fenton

Part 13 Clerk: Linda Komorowski

*Please note that the court is always happy to assist the parties with their proceedings.

**Cooperation with these rules, practices, and procedures is required and appreciated.

***Please note Part 13 and CSCP4 are separate and distinct parts and should be treated

accordingly. Please do not email both parts.

****These rules are effective March 3, 2025, and subject to periodic updating. Please check

them regularly.

GENERAL

1. Please notify the court, especially when a motion is pending, if the action has been

settled, discontinued, stayed due to bankruptcy, death of a party or military service,

and/or the motion has been resolved via email at

CSCP4 E

QSCPart13@nycourts.gov

2. Please advise the court in advance of the necessity for interpreters on trials or other

types of appearances (virtual or otherwise; see below).

3. Parties are requested to familiarize themselves with the new Uniform Civil Rules for the

Supreme Court and County Court. Please refer to Part 202 Uniform Civil Rules.

4. For the most up-to-date information concerning the handling of matters before the 11th

Judicial District Civil Term (Queens Supreme Court) please refer to 11 JD Queens Civ

Term.

5. Other part rules can be found at Part Rules.

COMMUNICATIONS WITH THE PART CHAMBERS

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

Assistant Law Clerk, and Part Clerk or court staff may NOT engage in ex parte or one-

sided communications. Any and all communications with chambers shall include all

parties.

2. All questions regarding Part 13 motions, adjournments, calendar calls, and scheduling

should be made via email at QSCPart13@nycourts.gov. The subject of any and all

-mail: CSCP4@nycourts.gov

emails

should be a clear indication of the email’s purpose, to ensure proper recipient within

chambers.

PRELIMINARY

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AND COMPLIANCE CONFERENCES

Please click the following links for information regarding the Preliminary Conference

and Compliance Conference Parts: Preliminary Conference Part and Compliance

Conference Part .

There are 4 Compliance Parts and parties should refer to the assigned Justice’s Part Rules

for further guidance. The following email addresses may be used to contact the CC Parts:

1.Hon. Joseph J. Esposito – CSCP1@nycourts.gov

2.Hon. Alan Schiff – CSCP2@nycourts.gov

3.Hon. Claudia Lanzetta – CSCP3@nycourts.gov

4.Hon. Delsia G. Marshall – CSCP4@nycourts.gov

CSCP 4 RULES

A. COMPLIANCE

1. No appearance is necessary on the FIRST Compliance Conference date. An Order

will be automatically generated and obtainable via NYSCEF or the County Clerk

within one week from the e-courts’ date.

Auto Orders Issued Before August 14, 2023: The order will contain a “within” date for

submission of a Certification Order that says all discovery is complete. That submission

date will be the next calendar “appearance” date (see #2 and 3).

Auto Orders Issued After August 14, 2023: The order will contain a “within” date for

submission of a Certification Order that says all discovery is complete. The order will

also contain a Note of Issue “on or before” filing date. NO future appearance date will be

generated by virtue of this Order (see #2 and 4).

2. Compliance conferences are held virtually on Thursday and Fridays at 10:00 a.m.

via the CSCP 4 link on the last page.

3. Matters on the Calendar:

a.“CERT ORDER DUE – NO APPEARANCE”

i. If you are prepared to submit a Certification Order, email a fully executed Order

to CSCP4@nycourts.gov for signing and your appearance will NOT be necessary.

ii. If you are NOT prepared to submit a certification order, BUT there are NO

discovery disputes, you do not have to appear, submit a stipulation addressing

outstanding discovery and leaving space for the court to input future filing dates. If you

have previously submitted a stipulation you must appear for a conference (see #5).

iii. If you are NOT prepared to submit a certification order, AND there ARE

discovery disputes appear for a conference on the certification order due date.

b.“VIRTUAL CONFERENCE”

i.Parties SHALL appear as the conference was requested by same (see #5).

4. Matters With No Appearance Date: A compliance conference may be requested by any

party, on notice to all parties in the action, by emailing CSCP4@nycourts.gov.

4A. Conference Requests: The request MUST briefly indicate: 1) the dispute to be addressed;

and 2) when the attorneys last spoke in an attempt to resolve such dispute. Failure to

comply will delay the scheduling of a conference. Upon receipt, the matter will be added

to the next available calendar date.

5. ***Conferences should ONLY be requested if the parties have been unable to resolve

outstanding discovery disputes, after good faith attempts have been made, and a

judicial ruling on the discovery dispute(s) is needed. In all other circumstances,

stipulations can be submitted. However, if you have previously submitted a stipulation

and are requesting the Note of Issue filing date be extended, a conference will be

necessary. Motions regarding discovery disputes should not be made unless the matter

has been released from the compliance part for such purposes. Every effort should be

made to comply with all discovery deadlines and dates set by the court.***

There shall be no adjournments of requested conferences. Attorneys with knowledge

of the status of discovery are expected to appear.

6. Any documents submitted for so-ordering or signing must be clearly signed by all parties

and indicate the signatories. Stipulations with signature only pages should not be

submitted, and form stipulations/orders are not preferred.

7. Subpoenas: Subpoenas may only be submitted to CSCP 4 if an IA judge has not been

assigned, otherwise the subpoena should be submitted to that IA Judge. Requests to have

a subpoena signed should be accompanied by an affidavit in support of the request and

emailed to CSCP4@nycourts.gov. (If hand delivering, see rules posted outside courtroom

314).

8. Emails to CSCP4@nycourts.gov : This email should ONLY be used: 1) to request a

conference if your case is not already calendared and there is a discovery dispute (see

above #4 and 5); 2) to request a stipulation be so ordered; 3) to request a Certification

Order be signed; or 4) to submit a proposed order after conference. All emails MUST

include the caption and index number.

9. If an action has been consolidated for all purposes, for joint discovery and trial, or solely

for joint trial, the court must be informed of such consolidation in any request for a

compliance conference, additionally, the parties in all actions must be notified of the

request for a compliance conference.

10. Parties are advised to consult e-courts or the original PC order to ascertain the correct part

for a compliance conference. Do NOT email all four of the compliance conference parts.

11. Do NOT include the court on emails between the parties regarding discovery exchanges.

B. DORMANT MATTERS

1. On matters that have been dormant, an order will be issued scheduling same for a

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conference on the court’s regular calendar days. Failure to appear (as outlined above)

on these matters may likely result in dismissal without prejudice.

ORDERS TO SHOW CAUSE AND EMERGENCY APPLICATIONS

1. An emergency judge is available in the Supreme Court building located at 88-11 Sutphin

Boulevard, Jamaica, New York 11435 to hear emergency/essential applications.

2. All emergencies and Order to Show Cause applications assigned to Part 13shall be made

returnable on the part’s return date (see below re: Motions).

3. Appearances are mandatory for all Order to Show Cause applications, (see below re:

Motions for appearance rules). Failure to appear on the return date may result in the

Order to Show Cause being marked off calendar. If an Order to Show Cause is marked

off for non-compliance with the Part Rules, a new Order to Show Cause for the original

relief may be filed in accordance with the Part Rules. An Order to Show Cause to

Restore, Renew, or Reargue the original Order to Show Cause is NOT required UNLESS

the non-compliance and resultant marking occur on more than one occasion.

4. Filing parties are advised to consult Uniform Rules for the State Trial Courts §202.7(f)

concerning notification. Please refer to this link as needed Uniform Rules.

5. Filing parties are also advised to check the court’s website for up-to-date information

regarding Orders to Show Cause and Ex Parte Orders, as well as for information

regarding the necessary Emergency Affidavit at Ex Parte.

MOTION PRACTICE- CALENDARS, CONFERENCES, ADJOURNMENTS

1. All motions shall be made returnable on Wednesdays at 10:00 AM, when the calendar will

be called promptly.

2. IN-PERSON APPEARANCE REQUIRED for the Following motions:

i. All Orders to Show Cause

ii. Discovery Motions

iii. Cases where one or more parties are self-represented*

*All Appearances for Article 75 petitions to stay arbitration are VIRTUAL,

except for framed issue hearings on Article 75 petitions, which require

IN-PERSON appearance.

3. VIRTUAL APPEARANCE REQUIRED for all remaining motions (not listed above). A

Microsoft Teams link will be provided.

4. Failure to appear at the calendar call will result in denial of the motion. The

non-moving party’s failure to appear may result in submission of the motion on default.

5. Ready motions: An in-person conference or oral argument may be required at the

Court’s discretion.

6. Administrative Rescheduling of Motions: The Court may administratively reschedule

any application or motion noticed for a holiday or a day on which the part is closed.

Information will be available on e-courts. Should the Part administratively reschedule,

the movant will be responsible for notifying all parties of the administratively

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rescheduled

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date and providing proof of same to the Part on the rescheduled

adjournment date.

Withdrawal of Motion / Application and Settlement, Discontinuation, or other

Disposition of Case: The parties shall notify the Court immediately upon withdrawing

any pending motion or application, or when a matter is settled, discontinued or otherwise

disposed. Stipulations of settlement or discontinuance shall

immediately be e-mailed to QSCPart13@nycourts.gov and E-filed. Please include the

motion return date and sequence number in the e-mail.

Sur-Reply Papers/Reply Papers to Orders to Show Cause: The New York State Civil

Practice Law and Rules (CPLR) do not provide for sur-reply papers; accordingly,

no such papers are permitted without the express permission of the Court. Likewise, as

set forth in N.Y. Comp. Codes R. & Regs. (NYCRR) Tit. 22 §202.8-d, reply papers to

an Order to Show Cause shall be accepted only with express permission of the Court.

Motions to Renew and/or Reargue: Motions to renew and/or reargue shall contain a copy

of the Court’s original decision and copies of all papers submitted in support of the

original motion.

ALL fully submitted motions will be conferenced/orally argued following the call of

the calendar or at the court’s discretion.

Stipulations regarding pending motions should be e-filed AND sent via email to

QSCPart13@nycourts.gov at least 2 business days prior to the calendared date and

time. Please note, Part 13 no longer requires a motion submission form.

All motion papers submitted to the Court shall be incompliance with 22 NYCRR

§§202.5 and 202.8, 8a-g. In addition to these requirements, all pages and paragraphs

are to be numbered. Failure to comply with these requirements MAY result in

rejection of the non-compliant submission.

The court will NOT consider Sur-Replies or additional papers filed after submission

of the motion UNLESS the parties were granted permission to so file.

Discovery Motions: ALL discovery motions are expected to settle/resolve via

stipulation. If not done on calendar, requests to So-Order a stipulation should be made

via email to QSCPart13@nycourts.gov.

Adjournments: Motions may be adjourned on consent provided a written and fully

executed stipulation is submitted to the Part Clerk no later than 2 business days prior

to the calendar date and time via email at Non-compliant stipulations or late requests

MAY be denied, and counsel is responsible to confirm the status of their adjournment

request. Consent adjournments, absent extenuating circumstances and in compliance

with the Rules of Chief Administrative Judge 125.1 re: medical emergency, other

exigent circumstance, or unavailability of the court, shall be limited to 2. Any further

request for an adjournment MUST be made via email to QSCPart13@nycourts.gov, and

are subject to approval by the Judge.

Motions regarding discovery disputes should not be made unless the matter has been

released from the compliance part for such purposes.

PART

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13 SUBPOENAS

A party seeking to have a subpoena signed shall submit a copy of the subpoena with an

accompanying affidavit in support of the request, to chambers, via email at

QSCPart13@nycourts.gov. Rules regarding hand-delivered subpoenas are posted outside

courtroom 314.

Requests to so-order a subpoena should be submitted to the assigned IA judge.

TRIALS

1. Be prepared: Upon assignment, all parties appearing for trial must be familiar with the

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

trial in accordance with the following scheduling directive. This includes consideration

of the availability of ALL intended witnesses.

2. Scheduling: The trial will be conducted on a continuous daily basis until conclusion

during regular operational hours. Tort actions are generally bifurcated, and the

expectation is that a trial on damages will immediately follow a verdict in favor of

liability. No adjournments or delays during trial will be accepted absent exigent

circumstances.

3. Submissions: All counsel must submit to the court, prior to the commencement of trial,

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

jury instructions, in compliance with the most up-to-date version of the PJIs, and a

proposed verdict sheet via email at QSCPart13@nycourts.gov. Courtesy copies are

appreciated of these documents.

4. Motions in limine: On the first appearance in the Part for trial, any party intending to

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 affirmation and motion

should be submitted via email at QSCPart13@nycourts.gov and courtesy copies are

appreciated.

SUMMARY JURY TRIALS AND SUMMARY BENCH TRIALS

For more information on Summary Jury Trails visit Summary Jury Trials. Please note,

the court will comply with all rules and procedures for SJTs, including by not limited to, the

requirement of a written and fully executed stipulation and the imposition of time limits.

For more information on Summary Bench Trials visit Summary Bench Trials.

SETTLEMENTS AND DISCONTINUANCES

1. If the parties are exploring settlement and would like a settlement conference for the

purpose of exploring resolution, the parties may request such a conference via email to

QSCPart13@nycourts.gov cc’ing ALL parties and indicating a preference for in-person

or virtual.

2. If an action is settled, discontinued, or otherwise disposed of, parties should inform the

court by submission of a copy of the stipulation or a letter directed to the Part Clerk,

either of which should be

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sent via email to QSCPart13@nycourts.gov. Either document

should advise of any open motions on the settled matter and withdraw same as moot. All

stipulations of discontinuance must be accompanied by proof of filing with the County

Clerk and payment of the appropriate fee (see CPLR §8020[d][1]).

UNCONTESTED MATRIMONIALS

1. The court will expeditiously review and determine all uncontested matrimonial

applications it receives. Any questions about applications should be submitted via email

to QSPart13@nycourts.gov. If the application is incomplete or needs corrections, the

court will notify the parties through NYSCEF (or email). The parties will be given 45

days to correct the deficiencies. Failure to timely correct, without good cause, will

result in dismissal of the action without prejudice.

2. For more information about matrimonial actions visit these links: Matrimonial - Divorce

Uncontested Divorce Program; and Divorce Forms.

INFANT COMPROMISE ORDERS

1. Applications for Infant Compromise Orders shall be made pursuant to CPLR §1207 and

shall be supported by the documents required under CPLR 1208 and 22 NYCRR

§202.67.

2. Hearings will be scheduled by the Court and the parties will be notified via NYSCEF or

email. Generally, these infant compromise hearings will be conducted virtually (see

below re: virtual appearances)

3. For the checklist of documents and information that must be submitted click here ICO

Checklist .

ELECTRONIC FILING

1. Please refer to A/O-115-20 (A/O) regarding electronic filing via the New York State

Courts E-Filing System (NYSCEF). Attorneys are expected to familiarize themselves

with NYSCEF procedures at NYSCEF Login. For more information on e-filing rules,

parties may also visit: Queens Supreme Court E-file Web Page.

2. To convert a non e-file case to e-filing, execute the appropriate form (check NYSCEF

Forms) and send it to efile@nycourts.gov.

3. “Etrack” is a case tracking service that enables parties to track active Civil Supreme

Court cases and to receive notice of scheduled appearances. Parties and/or their counsel

are encouraged to register for the etrack service for Part 13cases. To register or login,

please visit: etrack login.

4. The court prefers courtesy copies NOT be sent of any documents that were e-filed

EXCEPT documents requiring the judge’s signature, such as stipulations and proposed

Orders, which must be e-filed with NYSCEF and sent via email to

QSCPart13@nycourts.gov. The court is not notified when a document is e-filed in

NYSCEF, this is why email is also required.

VIRTUAL

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PROCEEDINGS/APPEARANCES PROTOCOLS

1. During virtual proceedings/appearances, the parties should maintain the same decorum

that exists in all in-person court proceedings. Specifically, attorneys and litigants should

be punctual, appear in professional attire, minimize distractions, and background noise in

the environment, be courteous and respectful when others are speaking, and mute

microphones when not in use.

2. very effort should be made to appear via video with cameras and audio engaged.

Telephonic appearances shall be limited.

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

personnel is PROHIBITED.

4. For more information on virtual appearances/proceedings visit this link Virtual Bench

Trial Protocols and Procedures Manual .

**ALTERNATIVE DISPUTE RESOLUTION**

The court strongly encourages all parties to consider Alternative (Appropriate) Dispute

Resolution, including court-sponsored or private mediation, arbitration, conceding liability,

and/or establishing high/low parameters, in resolving their matters. If interested, please notify the

court via email to QSCPart13@nycourts.gov and the court would be happy to engage in a virtual

conference to explore the options further. Any questions regarding ADR may be submitted to the

court via the same email. The court MAY order parties to ADR without request or consent.

Mediation: If court-sponsored mediation is requested an Order of Reference will be

issued; if private, the parties are requested to keep the court apprised of the mediation’s progress

and/or results. Parties should also indicate whether they prefer discovery be stayed or

continued during the process.

Arbitration: If the parties are proceeding to arbitration, an email to that effect should be

submitted to the court.

For more information regarding the ADR program, please visit 11th JD Sup Civ- Queens-

ADR Program .

VIRTUAL LINKS - PLEASE SELECT THE APPROPRIATE MEETING

Part

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13 Motions/Conferences/All Purposes

Compliance Part

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4 - CSCP4

Updated as of July 15, 2025 - Fixed