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 Menachem Mirocznik

Holds Part 26 & FRP-5 in the Kings County Supreme Court, Civil Term. The part rules page states: Updated: September 12, 2025.

Principal Law Clerk: Andrew R. Schimler, Esq., aschimler@nycourts.gov Courtroom: 357, Phone No.: 347-296-1454 Chambers: Room 381, Phone No.: 347-296-1566, Fax No.: 212-266-9880 Part Email: KSCCVFRP5@nycourts.gov Updated: September 12, 2025

Common questions about Judge Menachem Mirocznik's rules

What must be included with motion filings before Judge Menachem Mirocznik?

The rule identifies required filing content or certificates. Motions are generally heard in person on Wednesdays in Courtroom 357 unless the court indicates otherwise.

View ruleSource: page 1, section Motions

What must be included with proposed order filings before Judge Menachem Mirocznik?

The rule requires proposed order. The movant must bring a hard copy of the proposed order on the motion return date, including for e-filed cases.

View ruleSource: page 1, section Motions

How may parties contact Judge Menachem Mirocznik's chambers?

An in-person appearance is required for every motion, and chambers or the Part Clerk must not be called to confirm the appearance requirement.

View ruleSource: page 1, section Motions

How do I request an adjournment or extension before Judge Menachem Mirocznik?

Advance notice is not fully stated in the structured details. Parties may adjourn a motion twice by consent; after the second adjournment, the court will grant an adjournment only for cause.

View ruleSource: page 1, section Motions

Is electronic filing required before Judge Menachem Mirocznik?

Yes. Electronic filing is required for the covered filings. A party withdrawing a motion must file a notice of withdrawal in NYSCEF and email a courtesy copy to the Part.

View ruleSource: page 1, section Motions

When is a filing treated as filed before Judge Menachem Mirocznik?

The rule addresses filing timing, filing status, or cure windows. The proposed order must be received by the end of the day on the motion return date.

View ruleSource: page 1, section Motions
Complete rules summary for Judge Menachem Mirocznik

Chambers must be advised one week in advance when an interpreter is required for a motion, trial, or other appearance.

The court prefers that communications be sent by email to KSCCVFRP5@nycourts.gov.

Motions are generally heard in person on Wednesdays in Courtroom 357 unless the court indicates otherwise.

An in-person appearance is required for every motion, and chambers or the Part Clerk must not be called to confirm the appearance requirement.

The movant must bring a hard copy of the proposed order on the motion return date, including for e-filed cases.

The proposed order must be received by the end of the day on the motion return date.

Parties may adjourn a motion twice by consent; after the second adjournment, the court will grant an adjournment only for cause.

A motion may be adjourned only with a stipulation signed by all parties, and a copy must be emailed to chambers or the Part Clerk.

Foreclosure motions must include a proposed order modeled on the applicable sample orders promulgated by the Chief Administrative Judge when applicable.

Parties who appear at a ruling must submit a short form order unless the court indicates otherwise.

A party withdrawing a motion must file a notice of withdrawal in NYSCEF and email a courtesy copy to the Part.

For a resolved motion or settled case, the parties must e-file or submit a fully executed settlement or discontinuance stipulation to the County Clerk and email a copy to the Part.

A settlement stipulation involving a pro se or self-represented defendant must be approved by the court and bear the court's “So Ordered” notation.

Counsel must provide the court with marked pleadings and a copy of the Bill of Particulars at the initial conference or soon thereafter.

Potential evidentiary questions and unadjudicated procedural or substantive issues must be raised with the court by motion in limine.

Counsel must pre-mark all exhibits in the intended order of introduction and provide the court with an exhibit list before trial.

Before trial, counsel must provide the court with a list of intended witnesses, including experts, and the date each witness will be called.

A copy of each deposition intended for use at trial must be furnished to the court when trial begins.

Before trial, counsel must provide typed proposed jury charges and verdict sheets, which may be adjusted after a charging conference.

Every subpoena must be approved by the Subpoena Records Room and then delivered to courtroom 357 for signature.

Subpoenas may not be submitted electronically.

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