Judge Rupert V. Barry
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Stipulation
- Email • Before Motion Calendar Date
All filings
Court-wide- When Fully Briefed
Courtesy copies
Court-wideTerms Of Sale
Court-wide- Upon request
Adjournments
- 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.
- 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.
- +2 more
Request must include
- 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.
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
- (347) 401-9249
- 360asupremecivilforeclosure@nycourts.gov
- 360asupremecivilmatrimonial@nycourts.gov
Other Contacts1 contacts
- 347-296-1740
Document Filing Requirements5 rules
If generative AI was used, the certification must identify the program, the documents containing generated material, and the parts drafted by the program; one certification may cover several documents in a party’s submission.
If the certification states a generative artificial intelligence program was used, the program must be identified and the documents which include matter generated by the program must be specified along with which parts of the documents were drafted by the program. One certification pertaining to a party’s submission comprised of several such documents shall suffice.
Document Type
AI Certification
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.
If at the conclusion of oral argument, the Court directs a party or the parties to submit a proposed order, such order shall be submitted to the Court, before the end of that business day-- or as otherwise directed by the Court--, in Microsoft Word document format.
Document Type
Proposed Order
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.
All submissions with respect to a motion must include a certification by an attorney either that no generative artificial intelligence program was used in the drafting of any affidavit, affirmation, or memorandum of law contained within the submission, or that a generative artificial intelligence program was used but all generated text, including citations, quotations, and legal analysis, was reviewed for accuracy and approved by an attorney (or the self-represented party).
Document Type
Motion Submission
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.
The proposed order must be emailed to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk). This email must be copied to all parties who have appeared in the action or indicate that no other party has appeared in the action.
Document Type
Proposed Order
The court accepts attorney certification of government records when made pursuant to CPLR 2105.
The court will accept attorney certification of government records if made pursuant to CPLR 2105.
Document Type
Government Records Certification
Filing & Service rules
Electronic Filing Rules
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.
All motions must be filed via NYSCEF (e-filed cases) or with the Guardianship Clerk’s office (Room 285) at least seven (7) days prior to the return date.
Page 1 | GUARDIANSHIP MOTIONS
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.
If the parties have resolved a motion pursuant to a stipulation, a copy of the stipulation must be filed in the NYSCEF system and a copy must be sent to the Court via email to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) at least two (2) days prior to the return date of the motion.
Page 1 | WITHDRAWALS / RESOLUTIONS OF MOTIONS
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.
Filing of Papers: All motion papers must be filed electronically through New York State Court Electronic Filling system (hereinafter “NYSCEF”), or where the action does not participate in NYSCEF, by mail to the Motion Support Office, 360 Adams Street, Room 227, and NOT to the Court’s chambers.
Page 1 | MOTIONS
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.
Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and emailing a courtesy copy to the Court via email to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) at least three (3) business day before the motion calendar date.
Page 1 | WITHDRAWALS / RESOLUTIONS OF MOTIONS
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.
Affidavits of service for Orders to Show Cause shall be filed via NYSCEF (e-filed cases) or in the Guardianship Clerk’s Office (Room 285) at least two (2) business days prior to the return date.
Page 1 | PETITIONS TO APPOINT A GUARDIAN
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.
Court Evaluator Reports and responsive papers shall be filed with the Clerk’s office and emailed to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) at least two (2) business days prior to the return date.
Page 1 | PETITIONS TO APPOINT A GUARDIAN
Filing Timing and Cure Windows
All responsive papers in guardianship motions must be filed at least two days before the return date.
All responsive papers shall be filed at least two (2) days prior to the return date.
Page 1 | GUARDIANSHIP MOTIONS
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.
If, after full submission of a motion, the parties later resolve the motion by a written stipulation of settlement, the parties must promptly file a written stipulation with the Kings County Clerk’s office (or with the NYSCEF system if the case is e-filed) within five (5) business days of its execution and also email a courtesy copy to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk).
Page 1 | WITHDRAWALS / RESOLUTIONS OF MOTIONS
Service and Proof of Service Rules
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.
Motion papers, answering affidavits, and reply affidavits must be served on the parties in accordance with CPLR 2214 or the most recent Administrative Order, unless otherwise stipulated or ordered.
Page 1 | MOTIONS
The petitioner must serve all orders and judgments on all counsel, guardians, and the court examiner within ten days of the decision date.
All Orders and Judgments shall be served by Petitioner on all counsel, guardian(s), and court examiner within ten (10) days of the date of decision.
Page 1 | PETITIONS TO APPOINT A GUARDIAN
Cross-petitions must be served on all parties and filed with the Court at least seven days before the return date.
Any cross-petitions shall be served on all parties and filed with the Court at least seven (7) days prior to the return date.
Page 1 | PETITIONS TO APPOINT A GUARDIAN
Subpoenas must be served as soon as possible after scheduling and no later than four weeks before the inquest.
All subpoenas must be served as soon as possible after an inquest is scheduled, and in no event later than 4 weeks prior to the scheduled inquest date.
Page 1 | INQUESTS
Filing Fees and Waivers
Required fees must be paid to the County Clerk before submitting a proposed order to show cause.
Fees as required by law must be paid to the County Clerk prior to submission.
Page 1 | MOTIONS
Courtesy Copy Requirements
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.
A courtesy copy of the stipulation must be sent to the Court no less than two (2) business days before the motion calendar date by emailing cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk) and copying all other counsels.
Page 1 | MOTIONS
Sealing & Redaction Procedures
The death certificate uploaded to NYSCEF must be redacted, while an unredacted copy is emailed to Chambers.
The copy of the death certificate uploaded to NYSCEF should be redacted and an unredacted copy should be emailed to Chamber.
Page 1 | STAYS ON DEATH OF A PARTY OR ON DEFENDANT(S)’ BANKRUPTCY FILING
Pre-Motion Conference Requirements
All motions must be orally argued on the record.
ALL MOTIONS ARE ORALLY ARGUED ON THE RECORD.
Page 1 | MOTIONS
Adjournment & Extension Requirements
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.
The parties may jointly request “their first adjournment”* by written fully executed stipulation that must be filed with the Kings County Clerk’s Office (or with the NYSCEF system if the case is e-filed) no less than two (2) business days before the motion’s calendar date.
Page 1 | MOTIONS
Failure to obtain subpoenaed documents is not good cause when the subpoena was served four or fewer weeks before the inquest.
Failure to obtain subpoenaed documents, where the subpoena was served 4 weeks or fewer prior to the scheduled inquest date shall not be deemed good cause.
Page 1 | INQUESTS
Any adjournment request other than the first request for a first-time motion must be made in person and on the record.
Any request for an adjournment, other the first adjournment request on a-first-time-on-motion, must be made in person and on the record.
Page 1 | MOTIONS
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.
Requests for adjournments must be emailed to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk). All appearing parties must be copied on such requests. The filing of a request or stipulation on NYSCEF will not suffice.
Page 1 | INQUESTS
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.
Motions that are randomly calendared under Part 13 by the motion support office or another Justice, will be administratively adjourned to one of Part 13’s motion calendar dates, but not necessarily on the return date specified in the Notice of Motion.
Page 1 | MOTIONS
A contested motion adjournment may be requested orally before the Court on the motion’s return date.
An oral application to adjourn a motion may be made before the Court on the return date of the motion.
Page 1 | MOTIONS
Chambers Communication Rules
Ex parte communications with Chambers by phone or otherwise are prohibited.
Pursuant to NY State Rules of Professional Conduct, Rule 3.5, the Bar is reminded that ex parte communications with Chambers by phone or otherwise is prohibited.
Page 1 | COMMUNICATION
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.
If you are appearing in another court part and you are going to be later than the 9:30 a.m. calendar call, please contact the Part Clerk prior to that time.
Page 1 | MOTIONS
Motions are heard on Tuesdays, with the calendar called sequentially beginning at 9:30 a.m. and no second call.
Motions will be heard on Tuesdays. The calendar will be called sequentially beginning at 9:30 a.m. There will NOT BE A SECOND CALL.
Page 1 | MOTIONS
Guardian appointment petitions are heard on Thursdays at 10:00 a.m. unless the Court schedules otherwise.
All petitions to appoint a Guardian will be heard on Thursdays at 10:00 a.m. unless otherwise scheduled by the Court.
Page 1 | PETITIONS TO APPOINT A GUARDIAN
All inquests are in person and, unless otherwise posted, are conducted in Courtroom 276 at 360 Adams Street.
All inquests are “in-person” and, unless otherwise posted, conducted in Courtroom 276 at 360 Adams Street.
Page 1 | INQUESTS
Case and calendar status inquiries must first be directed to the Motion Support Office and then, if necessary, to the Part Clerk.
All inquiries as to case or calendar status should, in the first instance, be made to the Motion Support Office at (347) 401-9249 and then to the Part Clerk. For routine matters, please consult the Part Rules or CPLR.
Page 1 | COMMUNICATION