Hon. Nicole McGregor Mundy — Part D Rules

RULES, PRACTICES, AND PROCEDURES

JUDGE NICOLE McGREGOR MUNDY

Judge, NYS Court of Claims

Acting Justice, NYS Supreme Court

I.A. Part 7

and

Commercial Division Part D

Supreme Court of the State of New York, Queens County – Civil Term

88-11 Sutphin Boulevard, Jamaica, New York 11435

Chambers telephone: (718) 298-1005

Part 7 e-mail: qscpart7@nycourts.gov

Com. Div. Part D e-mail: qnscdptd@nycourts.gov

Motion Calendar: Tuesdays at 10:00 a.m.

Commercial Division

Preliminary Conferences: Mondays at 11:30 a.m.

Compliance Conferences: Tuesdays at 11:30 a.m.

Pre-Trial Conference: Mondays at 10:00 a.m.

GENERAL

1. All attorneys and self-represented litigants must familiarize themselves with these Part

Rules and the Rules of the Commercial Division of the Supreme Court (22 NYCRR

202.70).1

2. A Motion Submission Form (MSF) MUST be sent to the Part Clerk at

qscpart7@nycourts.gov or qnscdptd@nycourts.gov two (2) business days prior to the

return date of any motion or order to show cause.

1 The Commercial Division Rules are available at:

http://ww2.nycourts.gov/rules/trialcourts/202.shtml#70.

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3. Please notify the Court IMMEDIATELY, especially when a motion is pending before Part

7 or Part D, if the action or special proceeding has been settled, discontinued, and/or the

motion has been resolved, via email at qscpart7@nycourts.gov or qnscdptd@nycourts.gov

. ALL parties MUST be copied on such email.

IMPORTANT – Individual Assigned Parts DO NOT receive email notifications when

papers are uploaded to NYSCEF. Papers that require Court action, such as a Stipulation,

should be uploaded to NYSCEF and emailed to the Part

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

Judicial District- Civil Term (Queens Supreme Court), please click this link: 11th JD- Civil

Term, Queens Supreme

5. I.A. Part 7 does not schedule or conduct Preliminary Conferences or Compliance

Conferences. All questions regarding Preliminary Conferences and/or Compliance

Conferences should be made to the Preliminary Conference Part or to the respective

Compliance Conference part, NOT to Part 7. (See page 6 for more information)

6. Any attorney and self-represented litigant appearing on a case for any purpose MUST

be thoroughly familiar with the case and authorized to resolve any and all issues. The

attorney and any self-represented litigant should have on hand signed copies of all

prior decisions, Orders and stipulations that are relevant to the issue(s) before the

Court.

COMMUNICATIONS WITH PARTS AND CHAMBERS

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

McGregor Mundy, her Principal Law Clerk, and Part Clerk may not engage in any Ex-

Parte communications.

2. Absolutely no telephone inquiries concerning motions or applications may be made to

Chambers. Such inquiries or concerns shall be addressed via email at

qscpart7@nycourts.gov or qnscdptd@nycourts.gov .

3. Do not send any letters, documents, or other papers by US Postal Service mail to the Part

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

4. Any and all communications with Chambers or the Part must include all parties.

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ELECTRONIC FILING

1. All cases in Part 7 and Part D are required to be electronically filed through the New York

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

with NYSCEF procedures. For more information on e-filing rules, parties may visit the

following link: Queens Supreme Court E-Filing | New York Courts

2. DO NOT MAIL OR EMAIL ANY COURTESY COPY OF E-FILED PAPERS TO

CHAMBERS, with the following exceptions: stipulations which require, or where the

parties have requested, Acting Justice McGregor Mundy to “So Order” must be e-filed with

NYSCEF and sent to Chambers via email to qscpart7@nycourts.gov or

qnscdptd@nycourts.gov .

MOTION CALENDAR

1. All motions shall be made returnable and heard on Tuesdays at 10:00 a.m. THE

MOTION CALENDAR IS ON SUBMISSION. There is no appearance at the

motion calendar unless otherwise directed by the Court.

2. The movant and/or cross-movant are required to submit a Motion Submission Form

by email to qscpart7@nycourts.gov or qnscdptd@nycourts.gov NO LATER than

two (2) BUSINESS days prior to the calendared date and time of a motion.

The Motion Submission Form can be found at this link: Motion Submission Form.

3. Oral argument can be requested by submitting a Motion Submission Form to

qscpart7@nycourts.gov or qnscdptd@nycourts.gov. The Court, upon its

discretion, may schedule oral arguments after submission of a motion. The Part

will send a Microsoft Teams invitation to all parties for a virtual oral argument.

4. Except for discovery motions, no prior permission is required before making a

motion in Commercial Division Part D. A Commercial Division Rule 24 letter

is not required unless expressly requested. Prior to making a discovery motion,

parties must email Commercial Division Part D at qnscdptd@nycourts.gov to

arrange a mutually convenient date and time for a virtual conference.

5. All attorneys and self-represented litigants appearing (virtually or in-person) for oral

argument or on discovery-related motions must be fully knowledgeable about the

case, and authorized to stipulate to resolve any and all discovery-related issues.

6. Commercial Division motions shall have the words “COMMERCIAL

DIVISION” clearly and conspicuously marked on the Notice of Motion, Cross-

Motion, or Order to Show Cause by the moving party. FAILURE TO COMPLY

WITH THIS REQUIREMENT MAY RESULT IN THE MOTION BEING

DENIED.

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7. Stipulations regarding pending motions must be e-filed, and emailed to the Part, at

least two (2) business days prior to the calendared date.

8. All motion papers submitted to the Court must comply with 22 NYCRR § 202.5. In

addition to the requirements of 22 NYCRR 202.5, all pages and paragraphs of a

motion must be numbered; each exhibit must be tabbed, include a short label

identifying the nature exhibit, and e-filed under it’s own document number; the

Notice of Motion or Order to Show Cause shall include the motion sequence

number; and all papers must be properly labeled so as to give the Court notice as to

what is being submitted (i.e. “Notice of Motion”, “Cross-Motion”;

“Affirmation/Affidavit in Opposition to Motion”; “Reply”; etc.).

FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION

MAY RESULT IN THE REJECTION OF THE NON-COMPLIANT

SUBMISSION.

9. THE COURT WILL NOT CONSIDER ANY PAPERS E-FILED OR SENT

TO THE PART AFTER SUBMISSION OF THE MOTION OR CROSS-

MOTION, nor any cross-motion that does not have proof of payment of the

appropriate fee.

10. Sur-Reply papers, including correspondence, addressing the merits of a

motion, are NOT permitted.

ADJOURNMENTS

1. Motions may be adjourned the first time on the calendar with a stipulation fully executed

by all parties with the requested adjourned date set forth therein. The fully executed

stipulation must be submitted to the Part, no later than two (2) business days prior to the

calendar date and time, via email at qscpart7@nycourts.gov or qnscdptd@nycourts.gov.

2. Applications for adjournments will be granted as a matter of right the first time the motion

is calendared, but the adjournment shall be no longer than four (4) weeks. Any further

application(s) for an adjournment shall be made to the Court by email (all parties must be

included on the email) or stipulation at least two (2) business days prior to the date the

motion is calendared to be heard. Counsel must make every effort to notify their

adversaries of their intention to seek an adjournment.

3. Applications for adjournments made less than two (2) business days prior to the scheduled

date will be denied, except for a reason pursuant to Rules of Chief Administrative Judge

Rule 125.1, medical emergency, other exigent circumstance, or unavailability of the Court.

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4. All adjournments are subject to final approval by the Judge. All attorneys and self-

represented litigants are required to confirm approval of an adjournment request prior to

the scheduled calendar date and time via email at qscpart7@nycourts.gov or

qnscdptd@nycourts.gov

CONFIDENTIALITY ORDER/SEALING DOCUMENTS

1. For Commercial Division cases, any Order regarding the confidential exchange of

information must adhere to the proposed Stipulation and Order for the Production and

Exchange of Confidential Information that appears in Appendix B to the Rules of Practice

for the Commercial Division (22 NYCRR §202.70(g), Rule 11-g)2.

If the parties wish to deviate from the form set forth in Appendix B to the Rules of Practice

for the Commercial Division, they must do so in compliance with 22 NYCRR §202.70(g),

Rule 11-g(b).

2. Applications to seal documents shall include the nature of the document, the reason for the

sealing request, and “good cause” therefore (22 NYCRR §216.1). The Court will consider

applications to seal documents only by Order to Show Cause or Notice of Motion, not by

stipulation.

DISCOVERY CONFERENCES AND DISPUTES

1. Conferences are held at the discretion of the Court.

2. Part 7 and Commercial Division Part D may conduct a virtual conference on a discovery-

related motion {i.e., Motion to Vacate Note of Issue, Motion to Restore, Motion to Strike

Pleadings, Motion to Demand Bill of Particulars, Motion to Preclude} on the day the

matter is calendared, or on a future date scheduled by the Court

PRELIMINARY AND COMPLIANCE CONFERENCES

1. I.A. Part 7 does not hold non-Commercial Division Preliminary Conferences or

Compliance Conferences. DO NOT CALL CHAMBERS OR THE PART with

questions regarding non-Commercial Division Preliminary Conferences and/or

Compliance Conferences.

2 Appendix B to the Rules of Practice for the Commercial Division is available at

https://www.nycourts.gov/LegacyPDFS/RULES/trialcourts/202.70(g)%20-%20Rule%2011-

g%20(attachment).pdf

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2. For information regarding non-Commercial Division Preliminary Conferences, please

click the following link: Queens Supreme Civil Preliminary Conferences | New York Courts

3. For more information regarding non-Commercial Division Compliance Conferences,

please click the following link: Queens Supreme Court Compliance Conference Part | New

York Courts.

4. For COMMERCIAL DIVISION PART D Preliminary Conferences and Compliance

Conferences, the parties shall obtain the Commercial Division Preliminary Conference Order

and the Commercial Division Compliance Conference Order from the court website.

(a) All fields of the Preliminary Conference Order and the Compliance Conference Order must

be completed by the parties. All parties must participate in completing the Order.

(b) The completed Order must be signed by all parties.

(c) The completed and signed Preliminary Conference Order and Compliance Conference Order

shall be emailed to the Part at qnscdptd@nycourts.gov no later than 2:00p.m. on the

scheduled date of the Preliminary Conference and the Compliance Conference.

(d) The parties should review the So Ordered Preliminary Conference Order and So Ordered

Compliance Conference Order in the NYSCEF system for any changes made to the Order

by the Court.

(e) In the event the parties can not agree in completing any of the fields on the Preliminary

Conference Order or the Compliance Conference Order, plaintiff’s counsel must email the

Court (and include all parties on the email) at qnscdptd@nycourts.gov no later than

2:00p.m. on the scheduled date of the Preliminary Conference or the Compliance

Conference, state that the parties need the assistance of the Court in completing the

Preliminary Conference Order or the Compliance Conference Order, and request a virtual

conference. A virtual conference on Microsoft Teams will be scheduled by the Court. All

parties must appear at the virtual conference and possess full knowledge of the facts of

the case and authority to resolve all issues.

VIRTUAL CONFERENCES – GENERAL PROTOCOL AND DECORUM

1. All lawyers and self-represented litigants should identify themselves at the beginning of

each appearance.

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

Court personnel, is PROHIBITED.

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

the Judge.

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

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5. All appearing persons (attorneys, litigants, and witnesses) must appear via video, with

cameras engaged.

6. If an individual is unable to appear via video, that individual should contact the Part by

email at qscpart7@nycourts.gov or qnscdptd@nycourts.gov, or call the Court at (718) 298-

1005.

7. The parties are encouraged to log on prior to the scheduled start time of the conference to

ensure proper and punctual appearance.

8. Lawyers, litigants, and witnesses 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.

9. ALL PARTIES ARE TO MAINTAIN THE PROFESSIONAL DECORUM OF AN

IN-PERSON COURTROOM.

TRIALS

1. All parties appearing for trial (or a Hearing) must be familiar with the case, ready, and

authorized to participate in settlement discussions and/or proceed to trial.

2. Prior to, but not less than one week before, the commencement of a trial, each party shall

submit to the Court hard copies of (a) marked Pleadings, (b) any Bill(s) of Particulars, (c)

a witness list [including their availability], (d) an Exhibit list, (e) any Notice to Admit, with

Response(s); (f) deposition transcript(s) (only if the submitting party intends to read from

any portion of the transcript at trial), and, in the case of a jury trial, (g) a proposed verdict

sheet, and a jury instruction request listing all requested Pattern Jury Instructions from the

most current year, or Jury Instructions in Commercial Litigation. The Witness list,

proposed verdict sheet and jury instruction request must contain the caption, Index

number, and the submitting party’s appearance.

Parties must also provide a copy of the aforementioned to all other parties.

3. Motions in limine (non-Commercial Division cases) – On the first appearance in the Part

for trial, any party intending to make a motion in limine shall submit a brief affirmation

setting forth the nature of the application and any supporting statutory or case law. The

party shall furnish the Court with the original affirmation, and provide all parties with a

copy.

Any opposition to the motion in limine shall be submitted to the Court, and a copy provided

to all parties, the next business day following submission of the motion in limine.

4. The trial will be conducted on a continuous daily basis until its conclusion, unless otherwise

instructed by the Court. Tort actions are generally bifurcated. The Court expects that any

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trial on damages will follow immediately after a verdict in favor of the complaining party

on liability.

5. No adjournments or delays during trial will be permitted absent exigent

circumstances.

6. Counsel and any self-represented litigant shall advise the Part by email one month prior to

the trial, if the services of any foreign language interpreter is required for any party or

witness, and if so, what language(s), and if any accommodation(s) and/or special

equipment is required for any attorney, party or witness.

VIRTUAL BENCH TRIALS

For Virtual Bench Trial Protocols and Procedures please click this link: Virtual Bench Trial

Protocols and Procedures Manual.

SUMMARY BENCH TRIALS AND SUMMARY JURY TRIALS

For information on Summary Bench Trials please click this link: Summary Bench Trials -

11 JD Queens Civil Supreme | NYCOURTS.GOV.

For information on Summary Jury Trials please click this link: Summary Jury Trial - 11JD

Queens Supreme Civil | NYCOURTS.GOV

ALTERNATIVE DISPUTE RESOLUTION (ADR)

1. If, at any point, the parties decide that they would benefit from Alternative Dispute

Resolution (ADR), they should write a joint letter to the Court asking to be referred to

ADR.

2. The Court may also order parties to ADR without the parties’ request or consent.

3. For more information regarding ADR, please contact the ADR Coordinator at

qscadr@nycourts.gov, or visit the following link: Queens Alternative Dispute Resolution (ADR) |

New York Courts

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SETTLEMENTS AND DISCONTINUANCES

1. If an action is settled, discontinued, or otherwise disposed of, the parties must immediately

notify the Court by submission of a stipulation of settlement or discontinuance to

qscpart7@nycourts.gov or qnscdptd@nycourts.gov .

2. All stipulations of discontinuance must be accompanied by proof of filing of same with the

County Clerk and payment of the appropriate fee pursuant to CPLR § 8020(d)(1).

3. The moving party on any pending motion that remains outstanding MUST e-file a letter or

stipulation withdrawing the pending motion via the NYSCEF system AND email the letter

or stipulation to qscpart7@nycourts.gov or qnscdptd@nycourts.gov .

SUBPOENAS

A party seeking to have a subpoena signed by Acting Justice McGregor Mundy must

submit the subpoena, with a brief (no more than 2 pages) accompanying affirmation of

explanation, to the Part email at qscpart7@nycourts.gov or qnscdptd@nycourts.gov .

INFANT COMPROMISE ORDERS

1. 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.

2. Infant compromise hearings will be scheduled by the Court and the parties will be notified

of the hearing date by email. In-person appearance is required.

3. Instructions for filing Infant’s Compromise and the checklist of documents can be found

at the following link: Infant Compromise Instructions.

UNCONTESTED MATRIMONIALS

1. If corrections are requested on e-filed cases, please email the Part at

qscpart7@nycourts.gov to advise that the documents have been uploaded to

NYSCEF.

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2. If corrections are requested on non-e-filed cases, all corrections must be sent to

Chambers by regular mail only. Do NOT mail papers to the Matrimonial Clerk’s

Office.

Parties will be allowed thirty (30) days to submit corrections. The failure to timely submit

corrections may result in dismissal of the action.

COMMERCIAL DIVISION CASES

1. The Pre-Trial Conference calendar and the Trial calendar will be held on Mondays, at 10:00

a.m., unless otherwise directed by the Court.

2. The parties shall comply with the relevant pre-trial conference and trial rules as required by 22

NYCRR §202.70, and must supply the Court, at the time of the Pre-Trial Conference, with a

copy of the marked pleadings.

3. Any party intending to make a motion in limine shall fully comply with Rule 27 of 22 NYCRR

§202.70. Motions in Limine which are not timely made will not be considered by the Court.

4. Pursuant to Rule 30 of section 202.70(g) of the Uniform Rules for the Supreme and County

Courts (the Rules of Practice for the Commercial Division), following the filing of a Note of

Issue, the parties in every case pending in the Commercial Division must confer and file a

request to proceed to a court-ordered mandatory settlement conference (MSC) pursuant to

one of the four tracks set forth in Rule303

3 Unless exempted as set forth in Rule 30 of section 202.70(g) of the Uniform Rules for the Supreme

and County Courts (the Rules of Practice for the Commercial Division).

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Following the filing of a Note of Issue, the Part Clerk will notify the parties by letter of

the requirement to request a MSC. The parties must thereafter e-file, and email the

Part at qnscdptd@nycourts.gov , within ten (10) days of the date of notification by the

Part Clerk, either a joint request or separate requests for a MSC, with a statement of

preferred procedure for a MSC track.

The failure to comply with the Part Clerk’s letter may delay this action being scheduled in the

assigned Commercial Division Part’s Pre-Trial and/or Trial calendar(s)..

5. Where a party is represented by counsel, an attorney fully familiar with the case shall appear

at the Pre-Trial Conference.

6. A firm trial date will be set at the Pre-Trial Conference. Any application for an adjournment

of the trial must be made in person, at least one (1) week before the date set for trial, and will

only be granted upon a showing of good cause.

(8/30/23)

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