New York Supreme Court, Kings County 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.

Before filing a discovery motion, the movant must satisfy Commercial Division Rules 14 and 14-a and request a virtual conference no more than five days after uploading the dispute letter to NYSCEF.

Prior to the filing Discovery Motions moving party shall have satisfied Commercial Division Rules 14 and 14-a, (22 NYCRR 202.7[a]) and request a Virtual Conference with Court no more than 5 days after dispute letter uploaded in NYSCEF.

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:

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

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.

In-person oral argument is required for every motion.

In person oral argument is required on all motions.

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.

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.

If counsel cannot resolve a disclosure dispute, requesting counsel must email the law clerks with all parties copied, briefly describe the dispute, request a virtual conference, and obtain a conference with the court before filing a discovery motion.

If counsel are unable to resolve any disclosure dispute in this fashion, counsel requesting the conference shall email the law clerks, with all parties copied, briefly outlining the nature of the dispute and requesting a virtual conference. No party shall file a discovery motion without first conferencing the matter with the court.

Oral argument is required for all opposed motions.

MOTIONS: All motions for Part 67 shall be noticed and heard on Wednesday. Motions for JCP and CTRP shall follow the specific part routine. Oral argument is required on all opposed motions. The first call on motions is at 10:00 a.m., and the second call is at 11:30 a.m. All papers must be filed in accordance with the CPLR. Answering papers shall be filed in the Motion Support Office or with the Clerk of the Part.

Oral argument is mandatory for every unresolved motion, and all counsel and litigants must be prepared on the return date.

Oral argument is required on all unresolved motions. All Counsel/Litigants must be prepared with knowledge of the motion(s)/case and be ready for oral argument on the return date.

For an adjourned motion, fully briefed papers must be submitted one week before the return date.

Fully briefed papers are due one week prior to the return date.

An OSC requesting a temporary restraining order or temporary stay generally may not be heard ex parte without good cause.

An Order to Show Cause (OSC) with a request for a temporary restraining order, including a request for a temporary stay of an action, will generally not be heard ex parte unless good cause is shown.

A reply to an OSC is not permitted unless the court grants a good-cause application or directs a reply.

Replies are not permitted unless the court grants an application based on good cause or otherwise directs a reply.

The court will not accept a sur-reply unless good cause is shown and the court grants a request to file it.

Regarding sur-replies, the CPLR does not provide for sur-reply papers and the court will not accept these papers unless good cause is shown and a request to file those papers is granted.

All motions must be orally argued on the record.

ALL MOTIONS ARE ORALLY ARGUED ON THE RECORD.

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.

Upon a motion being fully briefed the parties may make an application to put it on the oral argument calendar on the next available date. No oral argument will be heard on the day of the application to place a motion on the oral argument calendar.

The court will not conduct a second calendar call.

There will not be a second call.

Discovery disputes should be resolved through court conference when practicable, and counsel must first attempt resolution in good faith.

Discovery disputes are preferred to be resolved through court conference as opposed to motion practice, if practicable. Counsel must consult with one another in a good faith effort to resolve all disclosure disputes.

Once a motion is fully briefed, the parties may apply on the return date to schedule oral argument for the next available Friday morning; argument will not be heard on the application date.

Upon a motion being fully briefed the parties may make an application on the return date to put it on the oral argument calendar on the next available date which will be a Friday morning. No oral argument will be heard on the day of the application to place a motion on the oral argument calendar.

When a non-lawyer movant retained counsel, the movant may apply to supplement the papers or add reply facts, and a granted application also permits a sur-reply.

If the original motion was brought by a non-lawyer and the movant retained counsel, an application may be made to supplement the papers or include additional facts in a reply and if the application is granted the court will also allow a sur-reply in those instances.

A fully briefed motion may be placed on the next available oral-argument date, but oral argument will not occur on the application date.

Upon a motion being fully briefed the parties may make, an application to put it on the oral argument calendar on the next available date. No oral argument will be heard on the day of the application to place a motion on the oral argument calendar.