Judge Carolyn Walker-Diallo
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Letter
Non E Filed Papers
- Email • Before Return Date
Notice Of Withdrawal
- Email • Upon Filing
All filings
Court-wide- When Fully Briefed
Adjournments
- A consented one-time adjournment must be requested by stipulation filed in NYSCEF by noon on the preceding Monday, with an emailed courtesy copy to the relevant part email and all appearing parties.
- A nonconsensual adjournment request must be emailed to the relevant part email by noon on the preceding Monday and copied to all appearing parties.
- A further adjournment request must be filed in NYSCEF and emailed to the relevant part email by noon on the preceding Monday.
- An adjournment request should state whether the request is consensual.
- An objection to an adjournment must be emailed with its basis to the relevant part by 2:00 p.m. on the preceding Monday and copied to all appearing parties.
- Failure to timely object by the stated email deadline waives the objection to the adjournment.
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Request must include
Communication
Phone
Clerk
Clerk
Clerk
Phone
Court-wideClerk
Phone
Court-wideDuty Judge
Document Format Requirements1 rule
Every page of an exhibit must be numbered.
Each page in an exhibit must be numbered.
Document Filing Requirements25 rules
A proposed jury verdict sheet must be supplied to the court by the first day of trial or the charge conference, whichever is earlier.
Proposed jury verdict sheet;
Document Type
Trial Papers
All prior decisions in the case must be supplied to the court by the first day of trial or the charge conference, whichever is earlier.
All prior decisions in the case;
Document Type
Trial Papers
Each party must provide a one- or two-line synopsis of its claims for possible use during the jury charge.
A short (one or two lines) synopsis of your party’s claims. It may be read to the jury as part of the jury charge;
Document Type
Trial Papers
Subpoenas seeking documents must be directed to Kings County Supreme Court at 360 Adams Street, Brooklyn, New York 11201.
Subpoena all documents to Kings County Supreme Court, 360 Adams Street, Brooklyn, NY 11201.
Document Type
Subpoena
All requested pattern jury instructions from the current volume must be supplied with case facts inserted wherever indicated.
Copies of all requested PJIs from the most current volume. Insert the facts of the case wherever the PJI so indicates;
Document Type
Trial Papers
A default-judgment motion must include non-military affidavits dated within 30 days before filing.
Motions for default judgment must contain non-military affidavit(s) dated no earlier than 30 days prior to the motion filing date.
Document Type
Default Judgment Motion
The parties must notify the court at the initial conference or earlier if witnesses need interpretation and identify the requested language.
The parties must inform the Court at the initial conference or before if any witnesses require interpretation, and which language is requested.
Document Type
Trial Notice
A note of issue must be filed before or concurrently with a motion for summary judgment.
A note of issue shall be filed before or with a motion for summary judgment.
Document Type
Summary Judgment Motion
A late foreclosure-judgment motion must include an affirmation demonstrating a valid and reasonable excuse for the delay.
If the motion is not in compliance, an affirmation demonstrating a valid, reasonable excuse for the delay must be filed with the motion.
Document Type
Foreclosure Judgment Motion
Each motion must include a separately filed exhibit list, every e-filed exhibit must receive its own NYSCEF number, and each exhibit label must clearly identify the document without unexplained abbreviations.
All motions must include a separate exhibit listing filed as a separate exhibit, each e-filed exhibit must have its own NYSCEF document number, and all exhibits must be properly described in the label of the attached exhibit when e-filed so that it is clear what document is being included in that exhibit and not include abbreviations (e.g. Exhibit A – Summons and Complaint).
Document Type
Motion
Proposed trial exhibits must be pre-marked for identification and shown to opposing counsel.
Proposed exhibits are to be pre-marked for identification and are to be shown to opposing counsel.
Document Type
Proposed Trial Exhibits
Copies of all cases and authorities relied upon, particularly opinions not found in official reporters, must be supplied for trial.
Copies of cases and authorities upon which you will be relying, especially opinions not contained in official reporters.
Document Type
Trial Papers
Every settlement must be reported to the court in writing.
Settlements must be reported to the Court in writing.
Document Type
Settlement Report
The court must receive the portions of EBT transcripts intended for use at trial by the first day of trial or the charge conference, whichever is earlier.
Copies of those portions of EBT transcripts intended to be used at trial;
Document Type
Trial Papers
A proposed discontinuance order must state whether prejudice applies, give the reason, identify the property address and block and lot, contain specified County Clerk cancellation language, and include a service provision.
Proposed orders submitted with a motion to discontinue must contain: (i) whether the action is being discontinued with prejudice (payoff, short sale, etc.) or without prejudice (loan modification, reinstatement, etc.); (ii) the reason why the action is being discontinued; (iii) the entire street address and block and lot of the property; (iv) language directing the County Clerk of Kings County to Cancel and Discharge the Notice of Pendency (in specific detail) and direct the “Clerk to enter same upon the margin of the record of the same Notice of Cancellation referring to this Order”; and (v) a service provision for the order.
Document Type
Discontinuance Order
In personal-injury actions, both sides must produce the results of their Jury Verdict Reporter searches.
In personal injury actions, both sides shall produce the results of their Jury Verdict Reporter searches.
Document Type
Jury Verdict Reporter Search Results
Every subpoena must be approved by the Subpoena Records Room before being given to the Part Clerk in Room 296 for signature.
All subpoenas must be approved by the Subpoena Records Room, on the 6th Floor, after which the approved subpoena shall be given to the Part Clerk in Room 296 for signature.
Document Type
Subpoena
A written executed settlement agreement must be provided promptly, and every pending motion must be withdrawn by a NYSCEF notice copied to the relevant part email.
For all settled cases, a written, executed settlement agreement must be provided to the Court as soon as reasonable after settlement is reached, and all pending motions must be withdrawn by notice filed to NYSCEF and copied to the relevant part email.
Document Type
Settlement
An electronically filed affidavit of service must be designated as an affidavit of service rather than as correspondence to the judge.
Affidavits of service must be e-filed as “affidavits of service,” not as “letter/correspondence to judge.”
Document Type
Affidavit Of Service
All notices to admit must be supplied to the court by the first day of trial or the charge conference, whichever is earlier.
Any notices to admit;
Document Type
Trial Papers
Every proposed order, including a proposed discontinuance order, must contain a service provision.
Every proposed order, including discontinuances, must include a service provision.
Document Type
Proposed Order
Exhibit references must use exact-page citations, voluminous-exhibit references must pinpoint the exact location, and transcript citations must identify page and line.
Reference to any exhibit must include citations to the exact page where the reference is found. Citations to voluminous exhibits must include pinpoint citations to the exact location being referenced; transcript citations must include the page and line number.
Document Type
Motion
Every motion must include an annexed proposed detailed order and, when applicable, a proposed judgment.
All motions shall be filed with a proposed, detailed order (and judgment, if applicable), annexed for the Court’s consideration, or may be denied for failure to comply.
Document Type
Motion
A stipulation of settlement involving a pro se defendant must be filed for the court’s review and approval.
Any Stipulation of Settlement with a pro se defendant must be filed for Court review and to be so ordered.
Document Type
Stipulation Of Settlement
The court must receive all marked pleadings and the bill of particulars by the first day of trial or the charge conference, whichever is earlier.
All marked pleadings and bill of particulars;
Document Type
Trial Papers
Filing & Service rules
Electronic Filing Rules
Subpoenas may not be filed or submitted electronically.
Subpoenas will not be accepted electronically.
Page 1 | PART 36 TRIAL RULES
Existing cases must be converted to electronic filing as soon as practicable after transfer to the judge.
All existing cases must be converted to e-filing at the earliest opportunity after transfer to the Judge.
Page 1 | FILING RULES
Hard-copy submissions must be delivered to the Motion Support Office in Room 227 at 360 Adams Street.
All hard copy submissions must be filed with the Motion Support Office at 360 Adams Street, Room 227.
Page 1 | FILING RULES
All court documents, including letters and correspondence, must be filed through NYSCEF or the Clerk’s Office.
All documents, including letters and other correspondence to the Court, must be filed via NYSCEF or the Clerk’s Office.
Page 1 | COMMUNICATIONS
Motions generally must be filed through NYSCEF, except for pro se filers or filers granted permission to submit a hard copy.
All motions must be filed via NYSCEF, unless the party is proceeding pro se or receives an allowance to file via hard copy.
Page 1 | FILING RULES
Filing Timing and Cure Windows
An adjourned default-judgment motion requires updated non-military affidavits in NYSCEF at least seven days before the adjournment date.
If such a motion is adjourned, updated affidavit(s) must be filed to NYSCEF no later than 7 days prior to the adjournment date.
Page 1 | MOTIONS
A motion for judgment of foreclosure and sale must be filed within one year after entry of the order of reference.
Motions for judgment of foreclosure and sale must be filed within one year from date of entry of the order of reference pursuant to Kings County General Foreclosure Rules Part F, Rule 7.
Page 1 | MOTIONS
Unless the order to show cause states otherwise, answering or opposing papers must be served and filed by 4:00 p.m. on the day before the return date.
Unless otherwise addressed in an order to show cause, answering or opposing papers must be served and filed by 4:00 p.m. the day before the return date.
Page 1 | ORDERS TO SHOW CAUSE
On FRP4 matters, the plaintiff must move for default and/or summary judgment within 60 days after the answer is filed or the case is released from settlement conferences, as applicable.
On FRP4 matters, Plaintiff must move for default and/or summary judgment within 60 days of filing of the answer or release from settlement conferences (to the extent applicable).
Page 1 | MOTIONS
A litigant must provide a specific objection within seven days of the Court’s receipt of the submitted order; otherwise, the Court may sign the proposed order.
If a litigant does not provide a specific objection to the submitted order within seven days of its receipt by the Court, the Court may sign the proposed order.
Page 1 | FILING RULES
When directed on notice, a prevailing party has seven days to submit a replacement proposed order through NYSCEF if the original does not accurately reflect the court’s order.
The Court may direct the prevailing party to submit a new proposed order via NYSCEF if the annexed proposed order does not adequately reflect the Court’s order within 7 days of being so directed on notice to all other parties.
Page 1 | FILING RULES
When a notice of pendency has been filed, the plaintiff must file a stipulation of discontinuance through NYSCEF within 60 days after the case is marked settled.
For settled cases where a notice of pendency has been filed, the Plaintiff shall file a Stipulation of Discontinuance via NYSCEF in accordance with CPLR 6514 (d) and (e) within 60 days of the case being marked settled.
Page 1 | SETTLEMENTS
An attorney’s affidavit of service must be filed in NYSCEF no later than the Monday before the return date; a pro se movant must paper file it by the return date with the appropriate department.
Affidavits of service must be filed to NYSCEF no later than the Monday before the return date specified on the order to show cause; if the movant is pro se, the affidavit of service must be paper filed by the return date with the appropriate department.
Page 1 | ORDERS TO SHOW CAUSE
Interim-relief applications noticed under 22 NYCRR § 202.7(f) must be noticed before 3:00 p.m. Monday through Thursday or before noon on Friday.
When a party seeking interim relief provides notice pursuant to 22 NYCRR § 202.7 (f), the application must be noticed prior to 3:00 p.m. if Monday through Thursday, or 12:00 p.m. if on a Friday.
Page 1 | ORDERS TO SHOW CAUSE
A stipulation of discontinuance must be filed through NYSCEF within 45 days of settlement and copied to the relevant part email.
A Stipulation of Discontinuance must be filed via NYSCEF within 45 days of the settlement and copied to the relevant part email.
Page 1 | SETTLEMENTS
The court will deem an action abandoned if the plaintiff does not discontinue it within 60 days after settlement.
Where the Plaintiff fails to discontinue the action within 60 days, this court shall deem the case abandoned under CPLR 3404.
Page 1 | SETTLEMENTS
If the interim-relief notice deadline cannot be met, the relevant part email should be notified.
If this directive cannot be complied with, the relevant part email should be notified accordingly.
Page 1 | ORDERS TO SHOW CAUSE
Service and Proof of Service Rules
Any adjourned motion must be renoticed on every party, using first-class mail for parties not participating in NYSCEF, regardless of whether an order directs renotice.
Motions that are adjourned for any reason must be renoticed on all parties, with those not participating in NYSCEF to be renoticed via first-class mail, regardless of whether an order has been issued directing same.
Page 1 | FILING RULES
Every letter to the court must be copied to the other party and filed through NYSCEF.
All letters to the Court must be copied to the other party and filed via NYSCEF.
Page 1 | COMMUNICATIONS
All papers filed with the court must be served on all adversaries.
All papers filed with the Court must be served on all adversaries pursuant to CPLR 2214 and Part 202 of the Uniform Civil Rules.
Page 1 | MOTIONS
Courtesy Copy Requirements
A courtesy copy of every letter addressed to the judge must be sent to the relevant part email.
A courtesy copy of all letters addressed to the Judge must be provided to the relevant part email.
Page 1 | COMMUNICATIONS
A courtesy copy of every non-e-filed paper must be emailed to the relevant part email by the Thursday before the return date.
Additionally, a copy of all non-e-filed papers must be emailed to the relevant part email no later than the Thursday before the return date.
Page 1 | FILING RULES
A motion withdrawal requires a notice filed through NYSCEF and an emailed courtesy copy to the relevant part email.
Any party wishing to withdraw a motion must file a notice of withdrawal via NYSCEF and email a courtesy copy to the relevant part email.
Page 1 | MOTIONS
Filing Bundling Requirements
An electronically filed motion must attach previously filed materials as new exhibits rather than incorporating them by NYSCEF docket number.
In all e-filed actions, motion papers may not incorporate previously filed documents by referring to their NYSCEF docket numbers. Rather, motion papers filed must include the actual materials as new exhibits. The documents must be included as exhibits within the filed motion.
Page 1 | FILING RULES
Pre-Motion Conference Requirements
A motion seeking discovery may not be filed without the court’s prior approval.
Discovery motions are not permitted without prior Court approval.
Page 1 | MOTIONS
Adjournment & Extension Requirements
A nonconsensual adjournment request must be emailed to the relevant part email by noon on the preceding Monday and copied to all appearing parties.
Other requests for adjournments must be emailed to the relevant part email by 12:00 p.m. on the Monday before the return date and copied to all appearing parties.
Page 1 | APPEARANCES
A further adjournment request must be filed in NYSCEF and emailed to the relevant part email by noon on the preceding Monday.
Further requests for an adjournment must be filed to NYSCEF and emailed to the relevant part email by 12:00 p.m. on the Monday before the return date.
Page 1 | APPEARANCES
An objection to an adjournment must be emailed with its basis to the relevant part by 2:00 p.m. on the preceding Monday and copied to all appearing parties.
Parties objecting to an adjournment request shall email the relevant part with the basis for any objection by 2:00 p.m. on the Monday before the return date and copy all appearing parties.
Page 1 | APPEARANCES
A consented one-time adjournment must be requested by stipulation filed in NYSCEF by noon on the preceding Monday, with an emailed courtesy copy to the relevant part email and all appearing parties.
Motions may be adjourned once on consent of all the parties via stipulation and e-filed to NYSCEF by 12:00 p.m. on the Monday before the return date, with a courtesy copy emailed to the relevant part email and copied to all appearing parties.
Page 1 | APPEARANCES
A further adjournment request requires an oral application on the return date and may be granted only for good cause in the court’s discretion.
Thereafter, an oral application for an adjournment must be made on the return date. Such adjournments will only be granted at the discretion of the Court, for good cause.
Page 1 | APPEARANCES
Failure to timely object by the stated email deadline waives the objection to the adjournment.
Failure to comply with this directive shall be deemed a waiver of objection to the adjournment.
Page 1 | APPEARANCES
An adjournment request should state whether the request is consensual.
Requests for an adjournment should include whether the request is on consent.
Page 1 | APPEARANCES
Chambers Communication Rules
Trial-related communications may not be ex parte; chamber calls must include both sides, and every letter must be copied to the other party.
The court will not engage in any ex parte communication. Any phone calls to chambers must be made with both sides on the line. All letters must be copied to the other party.
Page 1 | PART 36 TRIAL RULES
The court will not communicate ex parte, and any phone call to chambers must include all parties.
The court will not engage in any ex parte communications. Any phone calls to chambers must be made with all parties on the line.
Page 1 | COMMUNICATIONS
Direct email to the judge is prohibited.
Under no circumstances is it appropriate to email the Judge directly.
Page 1 | COMMUNICATIONS
Initial case- or calendar-status inquiries should be directed to the Motion Support Office at the listed telephone number.
All inquiries as to case or calendar status should, in the first instance, be made to the Motion Support Office at (347) 401-9249.
Page 1 | COMMUNICATIONS