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 Rupert V. Barry

Holds Part 13 in the Kings County Supreme Court, Civil Term. Court staff: Principal Law Clerk:; Assistant Law Clerk:; Part Clerk: The part rules page states: Updated: September 18, 2025.

Email: cfelix@nycourts.gov jebernard@nycourts.gov KSCCVPART13@nycourts.gov Address: Telephone Number: Chambers Telephone: (347) 296-1289 360 Adams Street, Courtroom 276 Courtroom Telephone: (347) 296-1604 Brooklyn, NY 11201 Updated: September 18, 2025

Common questions about Judge Rupert V. Barry's rules

Are courtesy copies required for Judge Rupert V. Barry?

Courtesy-copy rule applies for stipulations. Details: delivery before motion calendar date, by email. A courtesy copy of the first-adjournment stipulation must be emailed to both law clerks and copied to all other counsel no later than two business days before the motion calendar date; it must not be sent to the Part Clerk.

View ruleSource: page 1, section MOTIONS

Does Judge Rupert V. Barry require a pre-motion conference or letter before filing a motion?

Judge Rupert V. Barry's rules set a pre-motion procedure for covered motions. All motions must be orally argued on the record.

View ruleSource: page 1, section MOTIONS

What must be included with proposed order filings before Judge Rupert V. Barry?

The rule requires proposed order. When directed by the Court, a proposed order must be submitted before the end of that business day, or as otherwise directed, in Microsoft Word format.

View ruleSource: page 1, section MOTIONS

What must be included with motion submission filings before Judge Rupert V. Barry?

The rule requires ai disclosure. Every motion submission must include an attorney or self-represented-party certification stating whether generative AI was used and, if so, that an attorney or self-represented party reviewed and approved all generated text, citations, quotations, and legal analysis.

View ruleSource: page 1, section ARTIFICIAL INTELLIGENCE (AI) PROGRAMS

How may parties contact Judge Rupert V. Barry's chambers?

Ex parte communications with Chambers by phone or otherwise are prohibited.

View ruleSource: page 1, section COMMUNICATION

How does Judge Rupert V. Barry handle sealed or redacted filings?

The rule does not state that a motion to seal is required for the covered filing process. Process: file redacted on ecf and file unredacted to chambers. The death certificate uploaded to NYSCEF must be redacted, while an unredacted copy is emailed to Chambers.

View ruleSource: page 1, section STAYS ON DEATH OF A PARTY OR ON DEFENDANT(S)’ BANKRUPTCY FILING

How do I request an adjournment or extension before Judge Rupert V. Barry?

Requests should be made at least 2 business days in advance when this rule applies before Judge Rupert V. Barry. The request must include proposed rescheduled date. The parties may jointly request their first adjournment by filing a fully executed written stipulation with the Kings County Clerk’s Office or, for an e-filed case, through NYSCEF, at least two (2) business days before the motion’s calendar date.

View ruleSource: page 1, section MOTIONS

Is electronic filing required before Judge Rupert V. Barry?

Yes. Electronic filing is required for the covered filings. Motion papers must be filed electronically through NYSCEF, or by mail to the Motion Support Office when the action does not participate in NYSCEF; papers must not be sent to Chambers.

View ruleSource: page 1, section MOTIONS

Are filing fees or waivers addressed before Judge Rupert V. Barry?

A fee is required for covered filings. Required fees must be paid to the County Clerk before submitting a proposed order to show cause.

View ruleSource: page 1, section MOTIONS

When is a filing treated as filed before Judge Rupert V. Barry?

The rule addresses filing timing, filing status, or cure windows. After full submission, a written settlement stipulation must be filed with the Kings County Clerk’s Office or NYSCEF within five business days of execution and emailed to both law clerks, not the Part Clerk.

View ruleSource: page 1, section WITHDRAWALS / RESOLUTIONS OF MOTIONS

What rule applies to service for motion papers before Judge Rupert V. Barry?

The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties. Motion papers, answering affidavits, and reply affidavits must be served on the parties under CPLR 2214 or the most recent Administrative Order unless otherwise stipulated or ordered.

View ruleSource: page 1, section MOTIONS
Complete rules summary for Judge Rupert V. Barry

Case and calendar status inquiries must first be directed to the Motion Support Office and then, if necessary, to the Part Clerk.

Ex parte communications with Chambers by phone or otherwise are prohibited.

All motions must be orally argued on the record.

Motions are heard on Tuesdays, with the calendar called sequentially beginning at 9:30 a.m. and no second call.

A party appearing in another court part who expects to arrive after the 9:30 a.m. call must contact the Part Clerk before that time.

Motion papers must be filed electronically through NYSCEF, or by mail to the Motion Support Office when the action does not participate in NYSCEF; papers must not be sent to Chambers.

Motion papers, answering affidavits, and reply affidavits must be served on the parties under CPLR 2214 or the most recent Administrative Order unless otherwise stipulated or ordered.

Randomly calendared Part 13 motions may be administratively adjourned to a Part 13 motion calendar date different from the date stated in the Notice of Motion.

The parties may jointly request their first adjournment by filing a fully executed written stipulation with the Kings County Clerk’s Office or, for an e-filed case, through NYSCEF, at least two (2) business days before the motion’s calendar date.

A courtesy copy of the first-adjournment stipulation must be emailed to both law clerks and copied to all other counsel no later than two business days before the motion calendar date; it must not be sent to the Part Clerk.

Any adjournment request other than the first request for a first-time motion must be made in person and on the record.

A contested motion adjournment may be requested orally before the Court on the motion’s return date.

When directed by the Court, a proposed order must be submitted before the end of that business day, or as otherwise directed, in Microsoft Word format.

The proposed order must be emailed to both law clerks, not the Part Clerk, and copied to all appearing parties or state that no other party has appeared.

Required fees must be paid to the County Clerk before submitting a proposed order to show cause.

A notice withdrawing a motion must be filed in NYSCEF and emailed as a courtesy copy to both law clerks, not the Part Clerk, at least three business days before the motion calendar date.

A stipulation resolving a motion must be filed in NYSCEF and emailed to both law clerks, not the Part Clerk, at least two days before the motion’s return date.

After full submission, a written settlement stipulation must be filed with the Kings County Clerk’s Office or NYSCEF within five business days of execution and emailed to both law clerks, not the Part Clerk.

The court accepts attorney certification of government records when made pursuant to CPLR 2105.

Subpoenas must be served as soon as possible after scheduling and no later than four weeks before the inquest.

All inquests are in person and, unless otherwise posted, are conducted in Courtroom 276 at 360 Adams Street.

Inquest adjournment requests must be emailed to both law clerks with all appearing parties copied; filing the request or stipulation on NYSCEF alone is insufficient.

Failure to obtain subpoenaed documents is not good cause when the subpoena was served four or fewer weeks before the inquest.

The death certificate uploaded to NYSCEF must be redacted, while an unredacted copy is emailed to Chambers.

Guardian appointment petitions are heard on Thursdays at 10:00 a.m. unless the Court schedules otherwise.

Affidavits of service for guardianship Orders to Show Cause must be filed through NYSCEF in e-filed cases or with the Guardianship Clerk’s Office at least two business days before the return date.

Court Evaluator Reports and responsive papers must be filed with the Clerk’s Office and emailed to both law clerks, not the Part Clerk, at least two business days before the return date.

Cross-petitions must be served on all parties and filed with the Court at least seven days before the return date.

The petitioner must serve all orders and judgments on all counsel, guardians, and the court examiner within ten days of the decision date.

All guardianship motions must be filed through NYSCEF in e-filed cases or with the Guardianship Clerk’s Office at least seven days before the return date.

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