In either event, the attorney requesting the adjournment will be notified, via telephone, of the granting or denial of the request and instructed to notify his adversary. If on any submitted non-disclosure motion oral argument is requested and granted, or directed by the Court, the motion shall be adjourned for oral argument before the I.
Judge on the second Monday following the week of the return date of the motion. Attorneys will be notified via telephone of the adjourned date.
Calendars of disclosure motions and other motions adjourned for oral argument will be published for the four 4 business days preceding the rescheduled appearance date and on the rescheduled date of the motion. These repetitive publications will serve as the notification of procedure of adjournment of all motions. In addition, two 2 days before the return date of unassigned motions a list of such motions indicating the assigned Justice and the adjourned date of the motion will be published.
Appearances will be required on orders to show cause. Pursuant to revised sections Completed forms will be submitted to the court for approval and then filed in the County Clerk's Office. Attorneys and pro se litigants are required to check the final "Preliminary Conference Order" for the date of the compliance conference, if any, and for any additional directives ordered by the Court. Since it was first launched in the Commercial Division of the Supreme Court has enjoyed tremendous success bringing meaningful resolution to highly complex cases.
We are pleased to announce that Bronx County will usher in our own Commercial Part beginning September 3, All parties appearing before Justice McShan shall refer to Section Justice McShan will temporarily hold a dual-assignment and continue to preside over Part 18 until January 25, The Hon. Kenneth L. The law also permits revival of matters previously dismissed on statute of limitations grounds. The filing of these matters shall commence on August 14, Lawrence K. Supreme Court Justices Hon.
Ben R. Barbato, Hon. Llinet M. Rosado, and Hon. Elizabeth A. You must then serve a copy of the papers on the other side in the manner directed in the Order to Show Cause. The Order to Show Cause will often contain a provision requiring service by a specific date. If your Order to Show Cause contains a provision which stays any eviction until the hearing date, and if you fail to serve the Marshal after the Judge signs your Order to Show Cause, you might get evicted.
The papers should be served by someone over the age of 18, who is not a party in the action, unless the judge has permitted otherwise. The clerk will give you further instructions, or you may speak with a Housing Court counselor in the Help Center.
If you are a tenant you may refer to the Instructions for further information on serving papers. If you wish to oppose an order to show cause, you may prepare an Affidavit in Opposition. An affidavit is a sworn statement which must be signed in front of a notary public or a court clerk. You may attach copies of any relevant documents to the Affidavit in Opposition. You can download a free Civil Court form by at Affidavit in Opposition , you may use your own form, or obtain one from the clerk or the help center.
After you have prepared the opposition papers, follow the procedure outlined below: 1. Copies of the opposition papers must be served on all other parties.
Opposition papers must be served by a person who is not a party to the action and is eighteen years of age or older. If a party has an attorney, the papers must be served on the attorney. Service of the opposition papers may be made by delivering the papers to the attorney personally, or by mailing the papers to the attorney. After the opposition papers have been served, the person who served the papers must fill out an Affidavit of Service which states how and when the papers were served.
The Affidavit of Service must be signed in front of a notary or a court clerk. You may download the free Housing Court form at Affidavit of Service. Make a copy of the Affidavit of Service for your records and attach the original to the copy for the court. If you have been served with an order to show cause and wish to ask the court for relief of your own, you may bring your own Order to Show Cause.
Tell the clerk that you want your Order to Show Cause heard on the same day as the Order to Show Cause that is already scheduled to be heard, and if there is enough time, they can be calendared together.
You can also schedule a cross-motion for the same day as the Order to Show Cause is noticed to be heard. If you have received opposition papers prior to the hearing date of the Order to Show Cause, you may have time to prepare an affidavit in reply.
You may go to Reply Affidavit to download a free Civil Court form; you may use a form of your own; or you may obtain one from the clerk or the Housing Court Help Center. You must serve a copy of the reply affidavit on the other side and bring extra copies and the original, along with proof of service , to the courtroom on the date the Order to Show Cause is to be heard. If you did not have time to prepare reply papers and feel that it is necessary, you can ask the court for an adjournment for time to prepare reply papers.
The judge may or may not grant your request. You are required to appear in court on the date the Order to Show Cause is scheduled to be heard. You must appear at the time and place stated in the Order to Show Cause. If you need directions to the courthouse, Directions are available. In general, if you do not appear, and you are the moving party , your Order to Show Cause will be denied; if you do not oppose the motion, the Order to Show Cause may be granted on default.
You should give yourself extra time to get to the courtroom since all visitors are required to go through metal detectors at the entrance to the courthouse.
You should bring your copies of the papers with you and any papers and affidavits that you have not yet filed with the court. The courtroom is presided over by a Judge, who is assisted by a court attorney, a clerk and a court officer. The court officer, wearing a uniform, maintains order in the courtroom.
The Judge sits on the bench at the front of the courtroom and hears arguments for and against motions and orders to show cause, reviews stipulations of settlement , and decides request for adjournments.
Working copies lacking the Notice will not be accepted. If an attorney has failed to submit required working copies on or before the return date, the motion will be transmitted as is to the Justice for such action as the Justice finds appropriate. Attorneys may submit working copies on motions by mail or overnight delivery. Documents lacking a copy of the related Notice will not be accepted.
Counsel must comply with Uniform Rule
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