Hon. Linda J. Kevins — Part 29 Rules

Honorable Linda Kevins

Justice of the Supreme Court – Suffolk County

Supreme Court of the State of New York

One Court Street

Riverhead, New York 11901

e-mail sufkevins@nycourts.gov

ERIN A. SIDARAS, ESQ. KRISTINE H. HANOPHY

Principal Law Clerk Secretary

RULES AND PROCEDURES

IAS/TRIAL PART 29

http://www.nycourts.gov/COURTS/10jd/suffolk/SC_Rules.shtml

The Court encourages all cases to be e-filed and parties shall comply with the Suffolk

County Supreme Court Procedure for Conversion to Electronic Filing

ADJOURNMENTS

All requests for adjournments may be disregarded if not received in writing at least two

business days PRIOR to the scheduled Court date. All requests for adjournments must

include (1) the title of the action and index number (2) the date of the scheduled

appearance (3) the reason for the adjournment (4) a proposed adjournment date (5) the

number of adjournments previously granted, if any, (6) whether the adjournment is on

consent, and (7) if there is a pending motion. To determine if an adjournment was

granted, please log onto: www.nycourts.gov/ecourts

Adjournment requests of motions must include the sequence number and the nature of the

motion, and whether the adjournment is on consent. A proposed adjournment date MUST

also be included in this request.

Adjournments requested on the ground of engagement of counsel must comply with Part

125 of the Rules of Chief Admin of Cts (22 NYCRR) §125.1, and barring good cause, at

least 24 hours notice to all parties shall be provided.

Upon the granting of an adjournment request, all motions pending and proceedings

scheduled before the Court may be adjourned at the Court’s discretion.

Page 1 of 8

ON CONSENT: All requests for adjournments on consent must be made by written

stipulation attached in an e-mail to sufkevins@nycourts.gov copying all parties. If the

Court grants the adjournment, but is not available on the proposed date, the Court may

adjourn the matter to another date that is acceptable to the Court.

NO CONSENT: All requests for adjournments that are not on consent must be e-mailed to

sufkevins@nycourts.gov copying all parties. The party who requests the adjournment shall

notify all parties of the results of the request.

APPEARANCES

CALENDAR CALL: Court appearances will be held in person or remotely by TEAMS

video, or telephone, at the direction of and scheduling by the Court. Appearances by

persons with knowledge of the facts and vested with authority to make binding

dispositions are required on all Court dates unless excused by the Court. All relevant

documents, including “so-ordered” stipulations and copies of any pending motions

shall be brought to all Court appearances, except that if the conference is being held via

TEAMS video and if the documents are e-filed, the e-filed document number of the

relevant documents must be provided. Nonappearances will not be countenanced by the

Court and may be regarded as a default as provided in Uniform Rules for Trial Courts (22

NYCRR) §202.27 and may subject the non-appearing party to sanctions (Rules of Chief

Admin of Cts [22 NYCRR] §130-2.1).

CORRESPONDENCE WITH THE COURT

ABSENT EXTRAORDINARY CIRCUMSTANCES, TELEPHONE CALLS TO

CHAMBERS ARE STRONGLY DISCOURAGED.

E-MAIL: Communication with the Court shall be by e-mail to sufkevins@nycourts.gov

copying all parties on such e-mail.

Additionally, please take notice that any request for relief shall only be made in a

manner authorized by law, such as by notice of motion or order to show cause in

compliance with the requirements of the CPLR. Any extraneous information sent to the

court by e-mail or otherwise will not be considered. Such communication also may be

considered unethical.

Page 2 of 8

The Court’s e-mail is NOT to be used as a forum to argue the merits of your case or

your positions. Also, it is not to be used for communication between parties (i.e.,

choosing dates for conferences). Time spent by staff on deciphering extraneous,

inappropriate and unnecessary communications prohibits chambers from functioning in an

effective and efficient manner.

EX PARTE: Neither counsel nor the parties shall initiate ex parte communications with

the Court concerning substantive matters. Letters, or e-mails sent to the Court will not be

considered unless in accordance with Part 29 Rules.

ELECTRONIC FILING: All documents, in e-filed actions, must be submitted to the

Court in accordance with the New York State Courts Electronic Filing System (NYSCEF),

22 NYCRR §202.5-b and §202.5-bb and any application must include an affidavit of

service demonstrating all parties have been properly served.

MOTION PRACTICE /DISCLOSURE

Unless the Court has scheduled oral argument, no appearance is required on the return date

for motions or orders to show cause, and they must be returnable on Tuesdays. In all

actions, all papers including the notice of motion or order to show cause, supporting

papers, any opposition, cross motion, reply, affidavits of service, and proposed orders must

comply with all relevant laws and rules, including Article 21 of the Civil Practice Law and

Rules (CPLR) and 22 NYCRR §§202.5, 202.5-a, 202.5-b, 202.5-bb, 202.7, 202.8, and Part

29 Rules. Additionally, all motions must include a proposed Order and an affidavit

of service demonstrating all parties have been properly served.

PREMOTION CONFERENCES: All PRE-NOTE MOTIONS to DISMISS and

SUMMARY JUDGMENT MOTIONS require a pre-motion conference requiring the in

person appearance of all counsel (attorneys of record-handling attorneys), and if no

counsel then the party. Requests for a pre-motion conference date must be made by

emailing both chambers at sufkevins@nycourts.gov and Erin A. Sidaras at

ESidaras@nycourts.gov AND by filing same in NYSCEF. All PRE-NOTE motions to

Dismiss or for Summary Judgment must include an Affidavit/Affirmation stating that, a

pre-motion conference was waived by the Court and such waiver is hereby attached (i.e.,

transcript of record, Court Order, email); or a pre-motion conference was requested and

held by the Court, and the details including the time, date, outcome, and who was present

are included herein. If a PRE-NOTE motion to Dismiss or for Summary Judgment is filed

with the Court prior to being assigned to Part 29, upon the matter being assigned to such

Part, the movant must detail such facts in its request for a pre-motion conference with the

Court, albeit made after the motion was filed.

Page 3 of 8

A pre-motion conference is not necessary for motions filed after the case is assigned a

calendar number and the Note of Issue has been filed unless it is a cross-motion to a pre-

note motion.

DISCOVERY MOTIONS: Motions relating to disclosure or bill of particulars must be

accompanied by a separate affirmation of good faith in accordance with 22 NYCRR

§202.7.

INTERROGATORIES: Shall be limited to 25 in number unless another limit is specified

in the preliminary conference order.

EX PARTE APPLICATIONS: Must be clearly marked as ex parte on the first page of

any application and must set forth the basis and authority for the application to be heard ex

parte. Any supporting documents shall be submitted with the application. Additionally,

when appropriate ex parte relief is sought, chambers must be apprised by email at

sufkevins@nycourts.gov.

SUBPOENAS: All subpoenas submitted to the Court for signature must conform with

Article 23 of the CPLR (i.e., notice of motion or order to show cause).

SUMMARY JUDGMENT MOTIONS: Pursuant to CPLR Rule 3212, Summary

Judgment motions shall be made no later than one hundred twenty days after the filing of

the Note of Issue except with leave of Court on good cause shown.

ALL MOTIONS AND ORDERS TO SHOW CAUSE MUST COMPLY WITH THE

FOLLOWING:

E-FILED CASES:

• All motions and papers must be timely e-filed. No working copies are required

except as provided herein (i.e., for conference, hearing, or oral argument).

• SEQUENCE NUMBERS must be clearly marked on the first page of all

applications submitted to the Court.

• Include only one document per exhibit, upload each separately, and properly label

the document.

• When referring to a document, cite the exhibit, subsection, page, paragraph, and

line.

Page 4 of 8

• Separately upload proposed orders and/or judgments with the accompanied proper

application (i.e., notice of motion or order to show cause).

• Relevant documents previously e-filed, and those submitted as exhibits to the instant

application must be referred to by using the title and date of the document as well as

its e-filed document number.

APPLICATIONS THAT ARE NOT SUBMITTED TO THE

COURT IN COMPLIANCE WITH PART 29 RULES OR

OTHER APPLICABLE PROVISIONS OF LAW ARE

SUBJECT TO DENIAL

SETTLEMENTS/WITHDRAWAL OF MOTIONS: The Court is to be advised

immediately of the settlement or discontinuance of any action and/or withdrawal of any

pending motions or portion of any motion (22 NYCRR §202.28) by e-mailing

sufkevins@nycourts.gov copying all parties.

COURT CONFERENCES

SCHEDULING: Conferences will be conducted in person and scheduled by the Court by

Order, Court Notice or through sufkevins@nycourts.gov e-mail. Stipulation forms and

Certification forms are provided in the courtroom and may be requested by email to

sufkevins@nycourts.gov. They may be utilized by counsel or, if no counsel, the parties, to

narrow the issues in the action, with or without the assistance of the Court. Upon request at

a scheduled conference, or upon the Court’s consideration, the Court may “so order” these

forms. The parties, on consent, may request a settlement conference with the Court. As

always, the Court remains available to conduct conferences on any matter upon reasonable

request by any party.

If you receive an e-mail from the Court scheduling a Court conference and all parties have

not been copied, you are directed to forward the e-mail to all parties.

Counsel for the parties are directed to confirm that all parties have complied with the

Uniform Rules for Trial Courts (22 NYCRR) § 202.11, “Consultation prior to Preliminary

Page 5 of 8

and Compliance Conferences” At least 2 days prior to your Court conference, please

advise the Court of the date of the consultation and what issues were resolved and what is

left to be resolved after such consultation, by uploading such information to the e-filing

system with notice to all parties and copying the Court by e-mail to

sufkevins@nycourts.gov.

TRIALS

NOTE OF ISSUE: A Note of Issue with a certificate of readiness MUST be filed prior to

a request for a trial date, or for an inquest date or for an order of reference.

EXPERT WITNESS REPORTS: Compliance with CPLR § 3101(d)(1)(i) is required.

All expert witness reports are to be exchanged and filed with the Court no later than 60

days before the date set for trial, and reply reports, if any, shall be exchanged and filed

with the Court no later than 30 days thereafter. Counsel shall ensure that expert witnesses

are available to testify on the scheduled trial date. Failure to provide expert reports, timely,

and/or the testifying expert on the scheduled trial date may result in preclusion of the

expert’s testimony and report.

TRIAL EXHIBITS: To the extent possible, all trial exhibits, whether stipulated to or

contested, shall be pre-marked prior to the commencement of trial. The pre-marked

exhibits shall also be provided to the Court and to the Court stenographer. All hospital

records and other items in evidence over five (5) pages must be paginated before use at

trial.

MARKED PLEADINGS: In accordance with CPLR 4012, counsel shall supply the Court

with marked pleadings, amendments thereto, and all bills of particulars served.

WITNESS LISTS: Counsel shall advise the Court of the number of witnesses to be

called, including expert witnesses, and counsel shall provide the information required by

CPLR § 3101 (d)(1)(i).

TRIAL MEMORANDUMS: Counsel may submit trial memorandums.

Page 6 of 8

ALL TRIALS: Once the trial is scheduled to be heard before Justice Kevins, the

following documents shall be promptly e-mailed to chambers at sufkevins@nycourts.gov

copying all parties: A brief summary of the underlying action; any demands and offers

made; any applicable policy limits and liens; trial counsel’s cell number for prompt

contact; decisions on any motions; marked pleadings; number and names of witnesses to

be called by each party; all stipulations; motions in limine with supporting memoranda of

law; memoranda of law regarding any unusual legal issues, including issues with proposed

exhibits and evidence.

JURY TRIALS: A trial conference with the Court shall be held immediately prior to the

commencement of all jury trials. Once the trial is scheduled before Justice Kevins, counsel

must immediately provide the Court with a list of the above enumerated documents as well

as proposed jury charges and verdict sheets.

JURY CHARGES: Proposed jury charges shall be e-mailed to chambers at

sufkevins@nycourts.gov. The proposed jury charges shall be tailored to the particular

action. Proposed requests to charge shall specify those to which the parties consent and

those to which any party objects. Counsel need not provide PJI charges 1:1 through 1:14,

1:20 through 1:32, as these are regularly charged by the Court. Proposed jury charges that

need to be tailored to the particular action must include the PJI section number, title, and

text of the charge. If there is no Pattern Jury Instruction available, or if counsel requests a

deviation from the patterned instruction, counsel must provide the text of the proposed

charge with citations to relevant legal authority and provide a highlighted copy of all

referenced authority to each party.

VERDICT SHEETS: Counsel must also provide the Court with proposed verdict sheets

by e-mailing them to Chambers in WORD FORMAT to Justice Kevins at

sufkevins@nycourts.gov copying Justice Kevins’ Secretary, Kristine Hanophy, at

khanophy@nycourts.gov.

NON-JURY TRIALS: Non-jury trials shall be governed by the same rules and procedures

set forth above for Jury Trials. Additionally, unless excused by the Court, counsel shall

submit pre-trial memorandums, a proposed order framing the issues to be tried, and after

trial, shall provide a transcript of the trial.

Page 7 of 8

POST-TRIAL and POST-HEARING SUBMISSIONS: Counsel for each party shall

prepare and submit a post-trial or post-hearing memorandum of proposed findings of fact

and conclusions of law for all bench trials and hearings within 20 days of the conclusion of

same. All legal arguments must be supported by relevant statutes, rules, and case

precedent with proper citations. The proposed findings of fact shall include reference to

the exhibit page and/or paragraph of the transcript supporting same.

INFANT COMPROMISE APPLICATIONS

An application for an order of settlement of an infant’s claim, or other persons

designated in CPLR §1207 (Infant Compromise Order) must be submitted to the

Court through Special Term by order to show cause as required by the statute.

Upon submission of all requisite documents, proof of service on all parties, compliance

with CPLR §1207, CPLR §1208, 22 NYCRR §202.67, § 474 of the Judiciary Law, Part 29

Rules, a proposed distribution of net amounts to be recovered by the plaintiff that

comports with the provisions of CPLR §1206, and proof that plaintiff’s attorney complied

with the requirements for filing a retainer statement or show that such requirements do not

apply, the Court will schedule an appearance date.

Thank you for your anticipated cooperation and courtesy. Stay safe.

Revised. 5-22-25

Page 8 of 8