Court Rules

Court-wide rules

Applies court-wide

These 237 rules apply across New York Supreme Court, Kings County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 58
  • Applies to
    Request for judicial intervention

    Papers for each fee claim must be separately prepared and filed under its assigned index number, and a Request for Judicial Intervention is required to initiate court proceedings on that claim.

  • Applies to
    Pre mediation memorandum

    Counsel must provide the mediator at least ten calendar days before the initial session with a confidential, three-page memorandum containing specified settlement-related information.

  • Applies to
    Pre mediation memorandum

    A pro se litigant need not submit a pre-mediation memorandum but must speak directly with the mediator to answer pre-mediation questions.

Communication

All 45
  • Contact
    Email to clerk

    Auction dates must be scheduled by contacting the Foreclosure Department at the listed email address; requests by letter or telephone are not accepted.

  • Contact
    Email to clerk

    Auction-scheduling email inquiries must include the index number, caption, referee’s name, requested date, and at least one alternative date; only one request per email is allowed.

  • Chambers fax communications are generally prohibited except for specified stipulations, Rule 7 PC Orders, and Rule 18 disclosure-related communications.

Filing Timing

All 36
  • A proposed order omitted from a motion must be submitted to the IAS Judge within 60 days, or the motion may be deemed abandoned.

  • An application for a Judgment of Foreclosure and Sale must be made within one year after entry of the Order of Reference; filing a Forbearance or Settlement Agreement suspends that period, and noncompliance results in automatic dismissal.

  • All Forbearance Agreements must be filed with the Foreclosure Clerk within 20 days after execution.

E-Filing

All 30
  • Applies to
    Application to convert pending action to electronic filing

    EDDS may not be used in matrimonial proceedings except to upload an application converting a pending action to electronic filing.

  • Applies to
    Consent to e filing stipulation or letter application

    EDDS should be used only to upload a consent-to-e-filing stipulation or a letter application.

  • After the consent stipulation or letter application, subsequent filings should be submitted through NYSCEF unless the court directs otherwise.

About Judge Brian L. Gotlieb

Holds Part 71 & Discovery Parts - Intake, CCP, FCP, & CDP in the Kings County Supreme Court, Civil Term.

Common questions about Judge Brian L. Gotlieb's rules

Does Judge Brian L. Gotlieb require a pre-motion conference or letter before filing a motion?

Judge Brian L. Gotlieb's rules set a pre-motion procedure for covered motions. A fully briefed motion may be placed on the next available oral argument calendar, but oral argument will not occur on the day the application is made.

View ruleSource: page 1, section GENERAL MOTION CALENDAR

What formatting rules apply to filings before Judge Brian L. Gotlieb?

Judge Brian L. Gotlieb's formatting rule includes file format docx and proposed charges and verdict sheets must be submitted before jury selection begins.. Proposed jury charges and verdict sheets must be submitted in Microsoft Word format before jury selection begins.

View ruleSource: page 1, section SUMMARY JURY TRIALS (SJT)

What must be included with motion filings before Judge Brian L. Gotlieb?

The rule requires caption. All motion papers, including stipulations and proposed orders, must include a full caption or they will be rejected.

View ruleSource: page 1, section ORAL ARGUMENT CALENDAR

What must be included with stipulation filings before Judge Brian L. Gotlieb?

The rule requires case number. SJT stipulations must state the evidentiary hearing, jury-selection, and trial dates and whether an interpreter is needed.

View ruleSource: page 1, section SUMMARY JURY TRIALS (SJT)

How may parties contact Judge Brian L. Gotlieb's chambers?

Chambers communications are limited to matters on notice to all parties, and the court will not accept unsolicited documents, correspondence, or ex-parte communications.

View ruleSource: page 1, section COMMUNICATION

How do I request an adjournment or extension before Judge Brian L. Gotlieb?

Advance notice is not fully stated in the structured details. Settlements, adjournments, and withdrawals must be received by 11:00 a.m. on the Monday before the motion calendar date.

View ruleSource: page 1, section GENERAL MOTION CALENDAR

Is electronic filing required before Judge Brian L. Gotlieb?

Electronic filing is permitted for the covered filings. Proposed orders and stipulations in e-filed cases should be uploaded only to NYSCEF; in non-e-filed cases they may be emailed, and no email should be sent merely to notify the court of an NYSCEF upload.

View ruleSource: page 1, section COMMUNICATION

When is a filing treated as filed before Judge Brian L. Gotlieb?

The rule states a 9:00 am filing cutoff. Proposed charges and verdict sheets must reach the court by 9:00 a.m. at least two days before the evidentiary hearing, or by Friday before a Monday hearing.

View ruleSource: page 1, section SUMMARY JURY TRIALS (SJT)

What service or proof of service rules apply before Judge Brian L. Gotlieb?

Proof of service is required for the covered service rule. For motions not e-filed, affidavits of service must be uploaded separately to NYSCEF or annexed separately to any hard-copy motion papers.

View ruleSource: page 1, section MOTIONS AND ORDERS TO SHOW CAUSE
Complete rules summary for Judge Brian L. Gotlieb

All motion papers, including stipulations and proposed orders, must include a full caption or they will be rejected.

Required pleadings, prior applications, decisions, and orders must be annexed or separately uploaded with separate labels rather than referenced only through NYSCEF.

A CPLR § 2221 motion must include copies of the papers submitted with the prior order and motion.

Motion papers must include the exhibits they reference rather than citing electronically filed documents.

Chambers communications are limited to matters on notice to all parties, and the court will not accept unsolicited documents, correspondence, or ex-parte communications.

Routine matters should be handled through the applicable courthouse department before contacting chambers.

Calendaring questions may be directed to Motion Support staff or resolved through E-courts.

Chambers may not be called for substantive or procedural legal questions or case information.

Proposed orders and stipulations in e-filed cases should be uploaded only to NYSCEF; in non-e-filed cases they may be emailed, and no email should be sent merely to notify the court of an NYSCEF upload.

For motions not e-filed, affidavits of service must be uploaded separately to NYSCEF or annexed separately to any hard-copy motion papers.

Electronically filed or submitted motion exhibits must be separated by exhibit space pages rather than tabs.

Motion papers must be filed through NYSCEF; for actions not participating in NYSCEF, they must be submitted to Motion Support and emailed to the part.

Hard copies are required for non-e-filed motions, answering papers, and stipulations.

Settlements, adjournments, and withdrawals must be received by 11:00 a.m. on the Monday before the motion calendar date.

A fully briefed motion may be placed on the next available oral argument calendar, but oral argument will not occur on the day the application is made.

A stipulation placing a fully briefed motion on the oral argument calendar must state that status and be received by the court on the Monday before the motion calendar date.

Consensual motions may be adjourned twice without appearance by submitting a duly executed stipulation.

Defects in papers subject to a consent adjournment must be cured seven days before the adjourned date or the papers will be rejected.

An IAS Part 71 adjournment stipulation must be uploaded to NYSCEF and emailed to the part no later than 1:00 p.m. the day before the motion's return date.

Nonconsensual adjournment applications must be made in person at the appropriate motion calendar call.

Any order granted on default must be served on all defaulting parties within seven days.

Proposed jury charges and verdict sheets must be submitted in Microsoft Word format before jury selection begins.

Proposed charges and verdict sheets must reach the court by 9:00 a.m. at least two days before the evidentiary hearing, or by Friday before a Monday hearing.

SJT stipulations must state the evidentiary hearing, jury-selection, and trial dates and whether an interpreter is needed.

Chambers staff schedule in-camera inspections, and parties must submit a detailed privilege log before the inspection.

In-camera documents must be paginated or they will be returned for resubmission.

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