TRIAL SCHEDULING PART (TSP) RULES
TRIAL CALENDAR
The trial calendar will be called each day of the week commencing at
9:30a.m., except on Tuesdays, at which time the trial calendar will be called
after the motion calendar.
1. Every case on the trial calendar is deemed ready for trial to be sent
forthwith to select, unless otherwise annotated CON for conference.
2. Only counsel of record of trial counsel shall appear for a case on the trial
calendar. Failure to appear my result in a case being dismissed or set for
inquest.
3. No adjournments will be granted on consent or by telephone.
4. Affirmations of actual engagement will not be accepted for any reason if
the trial date has been fixed at least tow months in advance. The attorneys
previously designated as trial counsel must appear for trial on that date. If
any attorney previously designated as trial counsel is actually engaged
elsewhere, he or she must produce substitute trial counsel. If neither trial
counsel nor substitute trial counsel is ready to try the case on the scheduled
trial date, the court may impose any sanctions permitted by law. 22 NYCRR
125.1(g)
5. If a jury case is not settled or otherwise disposed, it will be sent to select
a jury.
6. If a non-jury case is not settled or otherwise disposed, it will be assigned
for trial.
7. All cases will be assigned for trial to the IAS justice, if available. If the IAS
justice is available, the case will be sent to the first available justice.
MOTION CALENDAR
The motion calendar will be called on Tuesday mornings at 9:30a.m. in
Courtroom 25. There will be no second call of the motion calendar.
Discovery and Summary Judgment Motions :
1. Counsel must personally appear and be prepared to discuss and/ or
orally argue at the call of the motion calendar all discovery or summary
judgment motions. If the moving party fails to appear, the motion will be
marked off the calendar for non-appearance. If the opposing party fails to
appear, the motion may be granted on default.
2. Discovery and summary judgment motions may not be marked
submitted,
even on consent of all parties, unless first conferenced by the Court.
3. Counsel must attach to all discovery and summary judgment motions
copies of all pleadings and documents as required by the CPLR, including
all preliminary conference, compliance conference, discovery orders, as well
as stipulations.
4. Motions seeking leave to renew or reargue a prior motion shall include
copies of all papers submitted on the prior motion and the order entered
thereon.
5. The Court shall mark off the motion calendar any motion that does not
comply with rules 3 and 4 of this section.
Vacate Stay or Restore to calendar:
1. In order to vacate a stay or restore a case to the trial calendar, counsel
must agree, choose a date certain for trial and file a stipulation to that effect,
signed by all parties. The stipulation shall be filed with the clerk in the Trial
Scheduling Part.
2. No motion to vacate a stay or restore a case to the trial calendar will be
accepted for filing by the Motion Support Office unless accompanied by an
affirmation or affidavit of attempts to comply with Rule 1 of this section. The
affirmation or affidavit shall be affixed to the face of notice of the motion and
all sides must appear on the return date.
3. The Motion Support Office shall reject any motion which does not comply
with the requirements of Rule 2 of this section.
TRIAL CALENDAR
The trial calendar will be called each day of the week commencing at
9:30a.m., except on Tuesdays, at which time the trial calendar will be called
after the motion calendar.
1. Every case on the trial calendar is deemed ready for trial to be sent
forthwith to select, unless otherwise annotated CON for conference.
2. Only counsel of record of trial counsel shall appear for a case on the trial
calendar. Failure to appear my result in a case being dismissed or set for
inquest.
3. No adjournments will be granted on consent or by telephone.
4. Affirmations of actual engagement will not be accepted for any reason if
the trial date has been fixed at least tow months in advance. The attorneys
previously designated as trial counsel must appear for trial on that date. If
any attorney previously designated as trial counsel is actually engaged
elsewhere, he or she must produce substitute trial counsel. If neither trial
counsel nor substitute trial counsel is ready to try the case on the scheduled
trial date, the court may impose any sanctions permitted by law. 22 NYCRR
125.1(g)
5. If a jury case is not settled or otherwise disposed, it will be sent to select
a jury.
6. If a non-jury case is not settled or otherwise disposed, it will be assigned
for trial.
7. All cases will be assigned for trial to the IAS justice, if available. If the IAS
justice is available, the case will be sent to the first available justice.
MOTION CALENDAR
The motion calendar will be called on Tuesday mornings at 9:30a.m. in
Courtroom 25. There will be no second call of the motion calendar.
Discovery and Summary Judgment Motions :
1. Counsel must personally appear and be prepared to discuss and/ or
orally argue at the call of the motion calendar all discovery or summary
judgment motions. If the moving party fails to appear, the motion will be
marked off the calendar for non-appearance. If the opposing party fails to
appear, the motion may be granted on default.
2. Discovery and summary judgment motions may not be marked
submitted,
even on consent of all parties, unless first conferenced by the Court.
3. Counsel must attach to all discovery and summary judgment motions
copies of all pleadings and documents as required by the CPLR, including
all preliminary conference, compliance conference, discovery orders, as well
as stipulations.
4. Motions seeking leave to renew or reargue a prior motion shall include
copies of all papers submitted on the prior motion and the order entered
thereon.
5. The Court shall mark off the motion calendar any motion that does not
comply with rules 3 and 4 of this section.
Vacate Stay or Restore to calendar:
1. In order to vacate a stay or restore a case to the trial calendar, counsel
must agree, choose a date certain for trial and file a stipulation to that effect,
signed by all parties. The stipulation shall be filed with the clerk in the Trial
Scheduling Part.
2. No motion to vacate a stay or restore a case to the trial calendar will be
accepted for filing by the Motion Support Office unless accompanied by an
affirmation or affidavit of attempts to comply with Rule 1 of this section. The
affirmation or affidavit shall be affixed to the face of notice of the motion and
all sides must appear on the return date.
3. The Motion Support Office shall reject any motion which does not comply
with the requirements of Rule 2 of this section.
TSP Rules
| Emmanuel Kossaris, Esq. 28-03 43rd Street Astoria, NY 11103 Tel . 718.777.0692 Fax. 718.626.6553 |
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