CORONAVIRUS UPDATE
Effective 5 p.m. on Monday, March 16, the courts will be postponing all nonessential functions of the courts until further notice.
Please note that, in addressing essential applications, judges will exercise judicial discretion in a manner designed to minimize court appearance and traffic in the courts.
See the March 15, 2020 Updated Protocols for all Judicial & Non-Judicial Personnel of the Unified Court System from Judge Marks
If you have any questions regarding court appearances, feel free to contact me at 212-233-0666.
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The DCM part in Room 103Court is generally limited to motor vehicle accidents. In New York, preliminary conferences are generally no longer held.
The time within which discovery must be completed according to the Rule, the pre-note phase of the case, varies depending on the track to which a case is assigned. Uniform Rule 202.19. DCM matters are considered expedited which is eight months. That being said, there is no guarantee that you will be able to file your note of issue within eight months.
What could I expect while appearing in DCM, 80 Centre Street?
There is no calendar call in DCM.The first step is to check the calendar which is posted outside the courtroom. I would then circle the firm name and list a phone number. Many attorneys have more than one case on so you will provide an opportunity for opposing counsel to check in with you.
Once you find opposing counsel, you fill out a compliance conference or status conference form and hand it up. Most cases do not have any issues. You simply submit the form to the clerk and you will be called up for a conference.
Be aware that all cases are conferenced by a law attorney. They usually issue a ruling, however, you can ask to see the judge.
The law attorney's are often rotated throughout Supreme New York. Most cases have no issues and conferences are amicable. The wait time can be anywhere from 5 minutes if both parties get the order in before 9:45 to over an hour if the order is submitted after 10:30.
The part is very liberal regarding scheduling new deposition dates and extending time for discovery responses.
What should you do if opposing counsel fails to provide discovery as per a prior order?
If you opposing counsel fails to produce a witness for a deposition, the court will usually allow up to three conferences prior to issuing preclusion language and/or answer/complaint be stricken. However, if there is a good cause, the court will generally no issue such language.
What happens if your adversary fails to appear?
For cases calendared for 9:30, if your adversary has not appeared in the courtroom before 11 the court will usually grant an adjournment.
My office handles per diem court appearances for lawyers in New York County. If you have a question regarding room 103 conferences, feel free to contact me.
