Provisions

Individual rule provisions extracted from part rules documents

Data license: Government edicts — not subject to copyright · Data source: nycourts.gov

7 rows where county = "New York" and judge_id = "NY-SC-1JD-KELLEY"

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  • New York · 7 ✖
provision_id ▼ doc_id judge_id rule_number title text source_page topics cross_references judicial_district county court_type doc_type
NY-SC-1JD-KELLEY-P56-001 Part 56 Rules (Hon. John J. Kelley) 88 NY-SC-1JD-KELLEY I – Contacting the Court Communications with the Court and Chambers Disputed issues arising in the course of an action shall not be litigated via letter or email, but only via a properly noticed motion or at a duly scheduled conference, unless the court directs otherwise. PARTIES SHALL NOT CONTACT CHAMBERS DIRECTLY, INCLUDING THE JUSTICE'S LAW CLERKS, UNLESS DIRECTED TO DO SO. Attorneys and unrepresented parties may write or email the Part Clerk at SFC-Part56-Clerk@nycourts.gov (i) with respect to scheduling or logistical issues, (ii) to inform the Part Clerk that a motion is being withdrawn or that an action has been settled or discontinued, or (iii) to request a ruling in the course of a deposition. No attorney or unrepresented party shall discuss the merits of their case in emails or telephone calls to the Part Clerk. No party represented by an attorney shall contact the court directly unless expressly directed to do so.   ["communication-preferences", "part-rules"] [] 1 New York supreme part_rules
NY-SC-1JD-KELLEY-P56-002 Part 56 Rules (Hon. John J. Kelley) 88 NY-SC-1JD-KELLEY II – Motions Motion Practice Until further notice, all motions shall be submitted and considered on papers only, without oral argument, except motions to be relieved as counsel, which shall be orally argued remotely via the Microsoft Teams conference application. The court may, however, upon good cause shown, permit oral argument in other matters. If the parties stipulate to adjourn the initial return date of a motion initiated by notice of motion, or a special proceeding initiated by notice of petition, they shall upload a signed written stipulation to the NYSCEF system. A motion or special proceeding shall only be initiated by order to show cause where required by statute or where emergency interim relief is sought. No reply papers shall be permitted in connection with motions or special proceedings initiated by order to show cause, except by express permission of the court.   ["hearing-procedures", "adjournments", "part-rules"] ["22 NYCRR 202.8(f)", "22 NYCRR 202.20-f(b)"] 1 New York supreme part_rules
NY-SC-1JD-KELLEY-P56-003 Part 56 Rules (Hon. John J. Kelley) 88 NY-SC-1JD-KELLEY III – Stipulations Stipulations Other Than for Adjournments Stipulations of discontinuance signed by attorneys for all parties and all unrepresented parties in an action shall be uploaded to NYSCEF. Stipulations to amend the caption in an action shall be uploaded to NYSCEF and emailed to the Part Clerk with a request that the court 'so order' the stipulation. After the court 'so orders' the stipulation, one of the parties shall, within 15 days of entry, serve a copy upon the Trial Support Office by uploading to NYSCEF and shall separately file a copy with the notice required by CPLR 8019(c) on a completed Form EF-22.   ["part-rules"] ["CPLR 8019(c)"] 1 New York supreme part_rules
NY-SC-1JD-KELLEY-P56-004 Part 56 Rules (Hon. John J. Kelley) 88 NY-SC-1JD-KELLEY V – Discovery Conferences and Disputes Discovery Conference and Dispute Procedures Unless otherwise directed by the court, forms for preliminary conference orders, compliance conference orders, and status conference orders shall be provided by the court to the plaintiff, who shall confer with the defendants, upon which the parties shall agree upon the terms and contents of the order. The plaintiff shall be responsible for filling out the proposed discovery conference order and emailing the completed proposed discovery conference order to the Part Clerk; the parties shall not upload any proposed discovery conference order to NYSCEF. If the parties cannot agree, they shall request a conference by contacting the Part Clerk. Discovery disputes shall not be litigated via telephone, letters, or email, except for requests for rulings in the course of depositions. Such disputes shall be resolved via a remote conference or a properly noticed motion.   ["discovery-scheduling", "discovery-disputes", "preliminary-conference", "compliance-conference", "depositions"] ["22 NYCRR 202.8(f)", "22 NYCRR 202.20-f(b)"] 1 New York supreme part_rules
NY-SC-1JD-KELLEY-P56-005 Part 56 Rules (Hon. John J. Kelley) 88 NY-SC-1JD-KELLEY VII – Settlement Conferences Settlement Conference Process If the court issues an order denying a summary judgment motion in whole or in part, it will schedule an initial in-person settlement conference for a date shortly thereafter, usually within one or two weeks. In cases where the plaintiff has filed a note of issue and no party has moved for summary judgment within 60 days thereafter, the plaintiff shall, within 10 days of the lapse of that 60-day period, notify the Part 56 Part Clerk, upon which the court will schedule an initial in-person settlement conference. At the initial pretrial settlement conference (usually 30 minutes), the plaintiff shall be prepared to make a formal demand, the parties shall schedule a future two-hour mediation-style settlement conference for a date prior to jury selection, and the parties shall select a firm date for the commencement of jury selection. Prior to the two-hour mediation-style settlement conference, the parties shall submit a short written statement of the facts underlying the action and all parties shall inform the court of their estimation of the full value of the action if liability is proven.   ["settlement-conferences", "mediation", "summary-judgment", "note-of-issue"] [] 1 New York supreme part_rules
NY-SC-1JD-KELLEY-P56-006 Part 56 Rules (Hon. John J. Kelley) 88 NY-SC-1JD-KELLEY VIII – Trial Conference Pre-Trial Conference Requirements The court will conduct a trial conference immediately before trial of every case. At any such trial conference, counsel shall bring with them all written documents and items of demonstrative evidence that they wish to introduce into evidence at trial, and a court reporter shall be present to mark stipulated items into evidence and shall mark, for identification, items as to which there is no stipulation. Counsel shall alert the court of: the proposed schedule for the appearance of witnesses and any scheduling conflicts; the need for an interpreter; any other special needs; necessary court-ordered subpoenas; and any evidentiary issues that ought to be addressed before trial. Motions in limine and trial memoranda shall be submitted not later than the first day of jury selection and shall be emailed directly to the Justice's law clerks (not uploaded to NYSCEF).   ["pre-trial-conference", "trial-procedures", "exhibits"] [] 1 New York supreme part_rules
NY-SC-1JD-KELLEY-P56-007 Part 56 Rules (Hon. John J. Kelley) 88 NY-SC-1JD-KELLEY IX – Trial Trial Procedures Unless otherwise directed by the Court, all attorneys must be present in court by 9:15 A.M. The morning session will run from 9:30 A.M. to approximately 12:55 P.M. Lunch will be from 1 P.M. to 2 P.M. The afternoon session will run from 2:15 P.M. to approximately 4:30 P.M. Counsel shall pre-mark all exhibits in the order in which they intend to introduce them at trial; plaintiffs number their exhibits; defendants letter their exhibits. The Court requires the party who is presenting their case to have witnesses available to testify for the morning and afternoon sessions of each day. Proposed jury charges and verdict sheets shall be emailed to the Court in editable MS Word format. All witnesses should be instructed that they may make no mention of insurance during their testimony.   ["trial-procedures", "exhibits", "trial-settings"] [] 1 New York supreme part_rules

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CREATE TABLE provisions (
    provision_id TEXT PRIMARY KEY,
    doc_id INTEGER REFERENCES documents(doc_id),
    judge_id TEXT REFERENCES judges(judge_id),
    rule_number TEXT,
    title TEXT,
    text TEXT,
    source_page INTEGER,
    topics TEXT,
    cross_references TEXT,
    judicial_district INTEGER,
    county TEXT,
    court_type TEXT DEFAULT 'supreme',
    doc_type TEXT DEFAULT 'part_rules'
);