Judge Gina Abadi
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
Court-wide- When Fully Briefed
Courtesy copies
Court-wideTerms Of Sale
Court-wide- Upon request
Adjournments
- An adjournment request based on party consent must be filed through NYSCEF at least three business days before the initial return date.
- An adjournment stipulation must be signed by every party, filed at least three business days before the first appearance, and include a briefing schedule.
Communication
Chambers16 contacts
- kingsmat5a@nycourts.gov
- kingsmat5f@nycourts.gov
- kingsmat5g@nycourts.gov
- kingsmat5j@nycourts.gov
- kingsmat5l@nycourts.gov
- kingsmat5z@nycourts.gov
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- 320idv@nycourts.gov
- ksccvpart71@nycourts.gov
- 347-296-1486
- 347-401-9260
- 347-296-1527
- 347-404-9954
- 347-296-1555
- 347-296-1664
- (347) 296-1666
- 347-296-1521
Clerk3 contacts
- 360asupremecivilforeclosure@nycourts.gov
- 360asupremecivilmatrimonial@nycourts.gov
- 347-401-9249
Document Format Requirements2 rules
In-camera documents must be paginated; non-paginated documents will be returned for resubmission.
Pagination of in-camera documents is required for review. Any documents that are not paginated will be returned for resubmission.
Submissions in the infant compromise matter must be separated with exhibit tabs.
All submissions must be separated by exhibit tabs.
Document Filing Requirements21 rules
Counsel must provide proposed jury instructions, which the court may adjust as necessary.
Provide proposed requests to charge, which may be adjusted if necessary.
Document Type
Requests To Charge
A written motion in limine must include a memorandum of law citing the Official Reports.
A written memorandum of law with citations to the Official Reports is required.
Document Type
Written Motion In Limine
Before trial, counsel must furnish marked pleadings and a copy of the bill of particulars.
Furnish to the Court marked pleadings and a copy of the Bill of Particulars pursuant to CPLR § 4012 and the Uniform Rules for Civil Supreme Court § 202.35.
Document Type
Trial Preparation Submission
All parties must attend the infant compromise hearing unless their appearance is waived in writing.
All parties must appear for a hearing unless their appearance was otherwise waived in writing.
Document Type
Appearance Waiver
Counsel must provide a trial witness list in intended calling order that includes experts, their expertise, and summaries of expected testimony.
Provide a list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, and summary of expected trial testimony.
Document Type
Witness List
A judicial subpoena must be approved by the Subpoenaed Records Office and made returnable to the Subpoenaed Records Room at the specified courthouse address.
Judicial subpoenas must be approved by the Subpoenaed Records Office and made returnable to the Subpoenaed Records Room, New York State Supreme Court, Kings County, 360 Adams Street, 6th Floor, Brooklyn, NY 11201.
Document Type
Judicial Subpoena
Unadjudicated evidentiary, procedural, or substantive issues must be raised and addressed before trial through a written or oral motion in limine.
Any potential evidentiary question or procedural or substantive law matter not previously adjudicated shall be brought to the Court’s attention and addressed prior to trial by way of a written or oral motion in limine.
Document Type
Motion In Limine
The court will not issue informal discovery rulings, and parties must seek judicial intervention through a formal motion or order to show cause, except where otherwise indicated.
This Court will not entertain discovery rulings. Formal application (OSC/motion) is required for judicial intervention, except as indicated above.
Document Type
Motion Or Order To Show Cause
The papers must state the annuity cost if any portion of the infant compromise settlement is structured.
If any portion of the settlement is structured, the cost of the annuity must be stated in the papers.
Document Type
Infant Compromise Petition
A proposed order may not be uploaded unless all sides consent to the court signing it.
DO NOT UPLOAD PROPOSED ORDERS UNLESS ALL SIDES CONSENTED TO THE ORDER BEING SIGNED.
Document Type
Proposed Order
Counsel must provide copies of depositions intended for use at trial.
A copy of depositions intended to be used at trial.
Document Type
Trial Deposition Copies
An approved subpoena must be placed in the basket outside courtroom 929 for judicial signature.
Approved subpoena shall be dropped off in the basket outside courtroom 929 for signature.
Document Type
Judicial Subpoena
An amendment to an infant compromise order must include the original order and an attorney affirmation detailing the amendment and its reason.
Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.
Document Type
Infant Compromise Amendment
A petition involving an infant age fourteen or older must include and file the infant's affidavit of consent.
An affidavit of consent from an infant fourteen (14) years or older must be included in the petition and filed with the Court.
Document Type
Infant Compromise Petition
A previously signed compromise order must be attached as an exhibit.
If a compromise order was previously signed in the action, such order must be attached as an exhibit.
Document Type
Infant Compromise Submission
Counsel must provide the court with an exhibit list before trial.
A list of the exhibits shall also be provided to the Court prior to trial.
Document Type
Exhibit List
Before an in-camera inspection, parties must submit a detailed privilege log.
Prior to an in-camera inspection, parties must submit a detailed privilege log, pursuant to CPLR § 3122 (b).
Document Type
Privilege Log
The infant compromise submission must include the infant's medical reports, physician affirmation, settlement letter, incident report, and no-liens affirmation.
Further, the submission shall include the infant’s medical reports, a physician affirmation, a settlement letter, an incident report (i.e., police report, school accident report…) and an affirmation of no liens.
Document Type
Infant Compromise Submission
A notice of partial settlement or discontinuance must identify the settling parties by name.
Indicate if the action is partially settled or discontinued by individually naming the settling parties.
Document Type
Settlement Notice
Plaintiffs must number their trial exhibits, and defendants must letter theirs.
Plaintiffs will number their exhibits and defendants will letter their exhibits.
Document Type
Trial Exhibits
Counsel may, but need not, pre-mark exhibits before the jury is seated in the intended order of introduction.
Counsel may pre-mark all exhibits in the order in which they intend to introduce them at trial before the Jury is seated.
Document Type
Exhibit List
Filing & Service rules
Electronic Filing Rules
Immediately after settling a motion or action, the parties must upload a settlement stipulation, discontinuance, or the movant's withdrawal letter through NYSCEF.
If a motion or an action is settled, the parties shall notify the Court immediately by uploading either a stipulation of settlement, a stipulation of discontinuance, or a letter by the movant indicating that the motion is withdrawn on NYSCEF.
Page 1 | MOTIONS
Subpoenas may not be filed or submitted electronically.
Subpoenas are not accepted electronically.
Page 1 | SUBPOENAS
A discontinuance must continue to be filed electronically with the appropriate filing fee.
Parties must continue to electronically file discontinuances, with the appropriate fee.
Page 1 | MOTIONS
An infant compromise petition must be filed through NYSCEF with a stipulation of discontinuance.
Petitions for infant compromise orders must be filed through NYSCEF, together with a Stipulation of Discontinuance.
Page 1 | INFANT COMPROMISE ORDERS
To resolve a motion, the parties must electronically file a consent proposed order using the appropriate court form at least three business days before the scheduled appearance.
The parties may also resolve motions by e-filing a consent proposed order on the appropriate court form (see hyperlinked forms below) at least three (3) business days prior to the scheduled appearance.
Page 1 | MOTIONS
Supplemental submissions in an infant compromise matter must be uploaded through NYSCEF.
Any supplemental submissions must be uploaded through NYSCEF as well.
Page 1 | INFANT COMPROMISE ORDERS
Hard copies are generally unnecessary, but affidavits of service on Orders to Show Cause must be provided in hard copy.
Hard copies are not required, except affidavits of service on Orders to Show Cause.
Page 1 | MOTIONS
Filing Timing and Cure Windows
Opposition papers are due two weeks before the court-set return date, and any reply papers are due at least one week before that date.
Opposition papers are due 2 weeks prior to the return date set by the Court and Reply papers (if any) are due at least one week before the return date set by the Court.
Page 1 | MOTIONS
Opposition or reply papers received after noon on the day before the motion hearing may not be considered.
OPPOSITION OR REPLY RECEIVED AFTER 12PM THE DAY BEFORE THE MOTION IS SCHEDULED TO BE HEARD MAY NOT BE CONSIDERED.
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
The consent proposed order must be filed at least three business days before the scheduled appearance.
The parties may also resolve motions by e-filing a consent proposed order on the appropriate court form (see hyperlinked forms below) at least three (3) business days prior to the scheduled appearance.
Page 1 | MOTIONS
After a non-jury trial, the parties must submit findings of fact and conclusions of law within ten days.
The parties are required to submit findings of facts and conclusions of law within ten days of the trial.
Page 1 | TRIALS
The court must be notified immediately after a motion or action is settled.
If a motion or an action is settled, the parties shall notify the Court immediately by uploading either a stipulation of settlement, a stipulation of discontinuance, or a letter by the movant indicating that the motion is withdrawn on NYSCEF.
Page 1 | MOTIONS
Filing Fees and Waivers
The appropriate filing fee is required for an electronically filed discontinuance.
Parties must continue to electronically file discontinuances, with the appropriate fee.
Page 1 | MOTIONS
Pre-Motion Conference Requirements
A motion may be decided on default for failure to file papers and appear, submit a consent order, or obtain an adjournment.
Motions may be decided on default if there is a failure to file papers and appear, a failure to submit a consent order, or a failure to obtain an adjournment.
Page 1 | MOTIONS
In-person oral argument is required for every motion.
In person oral argument is required on all motions.
Page 1 | MOTIONS
If the matter is not settled or accepted as a fully executed stipulation, the parties must appear in person.
If the matter is not settled or resolved via fully executed stipulation with confirmation from the Court that it is being accepted, the parties are to appear in person.
Page 1 | MOTIONS
A consented motion may avoid appearance only if a proposed order is uploaded through NYSCEF at least three business days before the return date.
PARTIES HAVE RESOLVED A MOTION ON CONSENT AND UPLOADED A PROPOSED ORDER VIA NYSCEF AT LEAST THREE BUSINESS DAYS PRIOR TO THE RETURN DATE; AND
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
An in-person appearance is generally required for all motions, subject to the stated consent-resolution exception.
AN IN-PERSON APPEARANCE IS REQUIRED ON ALL MOTIONS EXCEPT WHERE:
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
The movant must obtain confirmation from the part clerk that an appearance is unnecessary before relying on the consent-resolution exception.
THE MOVANT GETS CONFIRMATION FROM THE PART CLERK THAT THEY DO NOT HAVE TO APPEAR.
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
The court will not conduct a second calendar call.
There will not be a second call.
Page 1 | MOTIONS
Adjournment & Extension Requirements
An adjournment stipulation must be signed by every party, filed at least three business days before the first appearance, and include a briefing schedule.
A stipulation of adjournment shall be filed, signed by all parties, at least three (3) business days prior to the scheduled first appearance and contain a briefing schedule.
Page 1 | MOTIONS
Adjournments are granted only when all listed conditions are satisfied.
ADJOURNMENT REQUESTS ARE ONLY GRANTED:
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
An adjournment request based on party consent must be filed through NYSCEF at least three business days before the initial return date.
ON CONSENT OF ALL PARTIES BY NYSCEF FILING, AT LEAST 3 BUSINESS DAYS PRIOR TO THE INTIAL RETURN DATE.
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
The stated consent-based adjournment procedure is available only when the motion has never previously been adjourned.
ONLY IF THE MOTION HAS NEVER BEEN ADJOURNED BEFORE.
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
After the first adjournment, the requesting party must appear in person to obtain the court's consent.
After the first adjournment, an IN-PERSON appearance to obtain consent of the Court is required.
Page 1 | MOTIONS
The court will not grant an adjournment request submitted by email or telephone.
Adjournment requests are not granted by email or telephone.
Page 1 | MOTIONS
A first-time motion may be adjourned to a Wednesday no more than six weeks after its return date.
A ‘first time on’ motion may be adjourned to a Wednesday, no more than 6 weeks from the return date.
Page 1 | MOTIONS
Chambers Communication Rules
Parties must not request an adjournment by calling or emailing the court.
DO NOT CALL OR EMAIL THE COURT FOR AN ADJOURNMENT.
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
The court will not engage in ex parte communications, and all communications to the court must provide notice to the opposing party.
This Court will not engage in ex-parte communication. All communication to the Court must be on notice to your adversary.
Page 1 | MOTIONS
Parties must not call the court to ask whether an appearance is required.
DO NOT CALL THE COURT TO INQUIRE WHETHER AN APPEARANCE IS REQUIRED!
Page 1 | Hon. Gina Abadi Civil Part 18 Rules