Judge Heela D. Capell
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Hand Delivery
All filings
Court-wide- When Fully Briefed
Terms Of Sale
Court-wide- Upon request
Communication
Chambers
Phone
Chambers
Clerk
Clerk
Phone
Court-widePhone
Court-wideClerk
Clerk
Phone
Court-wideDuty Judge
Document Format Requirements1 rule
Physical-media exhibits must be filed appropriately, and the party must bring its own device to display them because the court cannot view the media on its computers.
Exhibits stored on physical media such as USB Drives, CD-ROMS, DVDS, and the like must be filed in the appropriate manner. However, please note that the court cannot view these forms of physical media on court computers. Therefore, parties must be prepared to display this media to the court using their own device.
Document Filing Requirements3 rules
An appearance is required for motions unless the parties resolve the motion on consent, upload a proposed order through NYSCEF at least three business days before the return date, and receive confirmation that appearance is unnecessary.
An appearance is required on all motions except where the parties have resolved the motion on consent and uploaded a proposed order via NYSCEF at least three business days prior to the return date and the movant gets confirmation from the Part Clerk that they do not have to appear.
Document Type
Motion
Counsel must email the Part a list of pre-marked exhibits, witness and expert witness lists, proposed verdict sheets, closing charges, and EBTs to be read at trial.
Counsels are required to submit the following to the Part email listed above: A list of pre-marked Exhibits A witness List and an expert witness list which provides the expert’s area of expertise. (Indicate if an interpreter is required); Proposed verdict sheets Closing charges EBT’s to be read from at trial.
Document Type
Trial Submissions
Proposed verdict sheets and closing charges must be emailed to the Part after the court provides directions at the pretrial conference.
Proposed verdict sheets and closing charges must be emailed to the Part email above following the court’s directions at the pre-trial conference.
Document Type
Proposed Verdict Sheet
Filing & Service rules
Electronic Filing Rules
The appointed attorney or court evaluator must convert the Article 81 matter to NYSCEF within 30 days of appointment using an acceptable method.
Once an attorney to the alleged incapacitated person or court evaluator is appointed, they are required to convert the matter to NYSCEF within 30 days of their appointment. You may use any acceptable method for doing so.
Page 1 | Part HC-76 Guardianship Rules
A sensitive document may be filed with the clerk in a paper case or through NYSCEF in a NYSCEF case, with a request to seal.
If you would like to file a sensitive document with the court, you may do so in a paper case by filing with the clerk’s office, or in a NYSCEF case, via NYSCEF, with a request to seal.
Page 1 | Part HC-76 Guardianship Rules
Filing Timing and Cure Windows
Papers must be served and filed at least three business days before the motion's return date.
For your papers to be considered by the court, they must be properly served and filed at least three business days prior to the return date.
Page 1 | IAS Part 19 Motion Rules
Service and Proof of Service Rules
A pro se party must receive written notice of a new appearance date, and proof of that notice must be provided to the court.
If relief is sought against a pro se party on an appearance date that they were not made aware of, or where the matter is adjourned, they must be notified in writing of the new appearance date and proof of such notification must be provided to the court.
Page 1 | IAS Part 19 Motion Rules
Papers must be properly served at least three business days before the motion's return date.
For your papers to be considered by the court, they must be properly served and filed at least three business days prior to the return date.
Page 1 | IAS Part 19 Motion Rules
Courtesy Copy Requirements
In non-electronically filed matters, courtesy copies of motion papers must be brought to court on the return date.
However, if your matter is not electronically filed, courtesy copies of the motion papers must be brought to court on the return date.
Page 1 | IAS Part 19 Motion Rules
Hard copies and courtesy copies are not required for motion papers in electronically filed cases unless specifically requested.
The court does not require hard copies or courtesy copies of motion papers on e-filed cases unless specifically requested.
Page 1 | IAS Part 19 Motion Rules
Adjournment & Extension Requirements
An appearance is required for adjournment applications unless the adjournment is by consent and filed through NYSCEF at least three business days before the return date.
An appearance is required for all adjournment applications, except, adjournments on consent and filed via NYSCEF at least three business days prior to the return date.
Page 1 | IAS Part 19 Motion Rules
Chambers Communication Rules
Use the Part's telephone number for Part-related matters, do not contact chambers directly unless instructed, and do not initiate ex parte communications.
Attorneys and litigants are advised to contact the Part using the Courtroom Telephone Number: (347) 296-1644. DO NOT CONTACT CHAMBERS STAFF DIRECTLY BY TELEPHONE OR EMAIL UNLESS YOU ARE TOLD TO DO SO. Telephone calls, voicemails, emails, and the like which are directed to chambers regarding a pending matter will only result in an instruction to call the Part. Ex-Parte communication will not be entertained.
Page 1 | Contacting the Part
The listed Part email address must not be used to file papers.
Courtroom Email Address: KSCCVPart19@nycourts.gov (not to be used for the filing of papers)
Page 1 | Contacting the Part