Notice to the Bar: Rules of the Trial Scheduling Part (TSP) in Supreme Queens

Effective April 3, 2006, the Trial Scheduling Part (TSP) of the Supreme Court, Queens County, has issued the following Part Rules:

TRIAL SCHEDULING PART (TSP) RULES

Trial Calendar

The trial calendar will be called each day of the week commencing at 9:30 a.m., except on Tuesdays, at which time the trial calendar will be called after the motion calendar.

1. Every case on the trial calendar is deemed ready for trial to be sent forthwith to select, unless otherwise annotated CON for conference.
2. Only counsel of record or trial counsel shall appear for a case on the trial calendar. Failure to appear may result in a case being dismissed or set for inquest.
3. No adjournments will be granted on consent or by telephone.
4. Affirmations of actual engagement will not be accepted for any reason if the trial date has been fixed at least two months in advance. The attorneys previously designated as trial counsel must appear for trial on that date. If any attorney previously designated as trial counsel is actually engaged elsewhere, he or she must produce substitute trial counsel. If neither trial counsel nor substitute trial counsel is ready to try the case on the scheduled trial date, the court may impose any sanctions permitted by law. 22 NYCRR 125.1(g).
5. If a jury case is not settled or otherwise disposed, it will be sent to select a jury.
6. If a non-jury case is not settled or otherwise disposed, it will be assigned for trial.
7. All cases will be assigned for trial to the IAS justice, if available. If the IAS justice is unavailable, the case will be sent to the first available justice.

Motion Calendar

The motion calendar will be called on Tuesday mornings at 9:30 a.m. in Courtroom 25. There will be no second call of the motion calendar.

Discovery and Summary Judgment Motions

1. Counsel must personally appear and be prepared to discuss and/or orally argue at the call of the motion calendar all discovery or summary judgment motions. If the moving party fails to appear, the motion will be marked off the calendar for non-appearance. If the opposing party fails to appear, the motion may be granted on default.
2. Discovery and summary judgment motions may not be marked submitted, even on consent of all parties, unless first conferenced by the Court.
3. Counsel must attach to all discovery and summary judgment motions copies of all pleadings and documents as required by the CPLR, including all preliminary conference, compliance conference, discovery orders, as well as stipulations.
4. Motions seeking leave to renew or reargue a prior motion shall include copies of all papers submitted on the prior motion and the order entered thereon.
5. The Court shall mark off of the motion calendar any motion that does not comply with rules 3 and 4 of this section.

Vacate Stay or Restore to Calendar

1. In order to vacate a stay or restore a case to the trial calendar, counsel must agree, choose a date certain for trial and file a stipulation to that effect, signed by all parties. The stipulation shall be filed with the clerk in the Trial Scheduling Part.
2. No motion to vacate a stay or restore a case to the trial calendar will be accepted for filing by the Motion Support Office unless accompanied by an affirmation or affidavit of attempts to comply with Rule 1 of this section. The affirmation or affidavit shall be affixed to the face of [the] notice of the motion and all sides must appear on the return date.
3. The Motion Support Office shall reject any motion which does not comply with the requirements of Rule 2 of this section.

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