Trial Scheduling Part Rules and Procedures

Trial Scheduling Part Clerks Leslie-Ann Woulfe Mark Mahoney Aileen Colon

Trial Scheduling Part Information Phone No.: (718) 298-1048 Email: tsp@nycourts.gov

1. The Trial Scheduling Part (TSP) operates Monday through Friday. There are two (2) separate Pre-Trial Conference Calendars on Monday through Thursday that are called promptly at 9:30 a.m. and 11:00 a.m. In-person appearances are mandatory at the call of each calendar. Please note that the 11:00 a.m. calendar is not a second call of the 9:30 a.m. calendar.

2. Every case on the Trial Scheduling Pre-Trial Conference calendar is deemed ready for trial. All parties should be prepared for jury selection, or proceed to non-jury trial.

3. Only counsel fully familiar with the case and with authority to conference and/or settle the matter, shall appear at the Trial Scheduling Part calendars. Failure to appear may result in a case being dismissed or sent for inquest.

4. All appearing counsel must notify the TSP Clerks if there are any companion action(s) and must provide all identifying information as to that action(s), whether or not the action(s) is joined for trial or a Note of Issue has been filed. This includes cases where the preliminary conference or compliance conference has yet to be held or the case joined for trial has been ordered transferred from another county or from the New York City Civil Court.

5. Counsel shall provide to the TSP Clerk, all stipulations, orders, restored Notes of Issue and Infant Compromise Orders that were e-filed, which pertain to actions on the TSP calendar.

6. All appearing counsel shall have copies available of pertinent orders and stipulations relating to the action, i.e., Stipulations of Settlement, Orders granting Summary Judgment, Dismissal Orders, etc.

7. If a case is not settled or otherwise disposed during a Trial Scheduling Conference, the parties will be given a firm date for trial (jury or non-jury).

8. All actions joined for trial must appear on the assigned TSP calendar date along with the main action.

9. Trial counsel shall be familiar with all aspects of each case for which they appear including the pleadings, especially the Bill of Particulars, and all prior Court Orders.

10. All cases with a firm trial date will be assigned from TSP on the date of trial to the next available justice. If no justice is available at that time, the case will be sent to the first available justice, thereafter.

11. Only Motions in Limine are to be made returnable in TSP. Motions in Limine must be made returnable in TSP, Courtroom 25, at 9:30 a.m. on the next appearance date. Incorrectly noticed motions will be administratively adjourned and it will be the responsibility of the movant to notify all parties of any adjourned date.

1. Any adjournment requests for cases that have been given a firm trial date shall be made in writing via email to QSCTRIALS@nycourts.gov at least ten (10) business days prior to the scheduled trial date and shall indicate whether the application is made on consent. All parties must be included on the email, and any correspondence which fails to comply with this rule will be disregarded. No adjournment requests will be considered if made by telephone.

2. Any adjournment requests made less than ten (10) business days before the trial date shall be made in person at the call of the TSP calendar on the assigned trial date.

3. If an attorney is actually engaged in another court proceeding, an Affirmation of Actual Engagement must accompany any such application and must be current as of the day of the scheduled trial date. The Affirmation of Actual Engagement must fully comply with the Rules of the Chief Administrator of the Courts (22 NYCRR) § 125.1(e)(1) and set forth the caption, index number, court in which the other proceeding is pending, the nature of the proceeding, and the date such other proceeding is scheduled to commence.

4. Pursuant to 22 NYCRR § 125.1(g), where the trial date has been fixed at least two (2) months in advance, the trial counsel must appear for trial on that date. If any attorney 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 trial date, the court may impose any sanctions permitted by law.

1. To vacate a stay and/or restore a case to the trial calendar, counsel must file a stipulation: (1) representing that all discovery is complete; and (2) requesting a Court Order restoring the matter to the trial calendar, together with a supporting affirmation/affidavit setting forth the basis of the request. The Stipulation shall be filed on NYSCEF and with the Clerk in the Trial Scheduling Part.

2. No motion to vacate a stay and/or restore a case to the trial calendar shall be accepted for filing by the Motion Support Office unless accompanied by an affirmation or affidavit of a good faith attempt to comply with Rule 1 of this section. The affirmation or affidavit shall be affixed to the face of the notice of the motion. Said motion shall be returnable before the IAS Judge.

A Summary Bench Trial (SBT) is a one-day trial and is conducted with relaxed rules of evidence similar to a Summary Jury Trial or arbitration. A copy of the SBT stipulation and order can be accessed by clicking here and the SBT rules and procedures can be accessed by clicking here.

1. The stipulation agreeing to a SBT shall be executed and submitted to the TSP Clerk at least eight (8) weeks in advance of the final trial date.

2. The stipulation and order to transfer a matter to a Summary Bench Trial shall be binding in all respects.

A Summary Jury Trial (SJT) is generally a one-day jury trial with relaxed rules of evidence similar to a Summary Bench Trial or arbitration except that a jury decides factual issues and renders a verdict as a jury would in a traditional trial. A blank Summary Jury Trial stipulation and order can be found in the Trial Scheduling Part or can be accessed by clicking here. The Summary Jury Trial rules and procedures can be accessed by clicking here.

1. A Summary Jury Trial stipulation shall be filed and served on the Trial Scheduling Part Clerk in Courtroom 25 at least three (3) business days in advance of the scheduled trial date. A personal appearance on the trial date is required for any proposed Summary Jury Trial stipulation dated less than (3) business days of the scheduled trial date.

2. Once a Summary Jury Trial stipulation is accepted, the trial date is vacated and the parties will be notified of the Evidentiary Hearing date.

3. A Summary Jury Trial date will be scheduled after the Evidentiary Hearing.

4. The stipulation and order to transfer a matter to a Summary Jury Trial shall be binding in all respects.

If an action is settled, discontinued or otherwise disposed of, the parties shall inform the Court by presenting a copy of the stipulation of discontinuance (after it was submitted to the County Clerk for payment). All motions are to be withdrawn. A copy of a CPLR §3217 Stipulation of Discontinuance can be accessed by clicking here.

1. Prior to the action being scheduled for trial, the parties can request participation in the Alternative Dispute Resolution Program. If so, the parties shall submit an executed Stipulation to the Court requesting an Order of Reference to ADR.

For further information regarding the ADR program, please visit:
http://ww2.nycourts.gov/courts/11jd/supreme/civilterm/adr/index.shtml.

The Court may order that the parties participate in the ADR program.

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Updated: May 9, 2025