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Intake Part/PC Part in Kings County (NY Supreme Court)

By Edited Jul 29, 2015 0 0

Intake Part/PC Part

Supreme Court of the State of New York, Kings County
Courtroom 524
360 Adams Street
Brooklyn, NY 11201
Courtroom Phone #: 347-296-1592
Courtroom Clerk: Robert Lynch

What Is The Intake Part?
The Intake Part or PC Part is where all Preliminary Conferences are held in the Supreme Court of the State of New York, Kings County.  A Preliminary Conference is the opportunity for all parties to appear and agree to an order to outline the completion of discovery. A Preliminary Conference is scheduled by the Court after a party (typically the plaintiff, but not always) has filed an RJI (request for judicial intervention).

Intake Part Procedure

The Intake Part is located in courtroom 524.  All preliminary conferences begin at 9:30 a.m.  Outside the courtroom, there is a list of all of the cases on the calendar for that day.  The calendar is listed alphabetically by plaintiff.  When you arrive, locate your case and circle your firm on the calendar ("sign-in"). Take note of the judge handling the case, the case's calendar number, and the date the RJI was filed; all of this information will be needed for your PC order. There is no calendar call in the Intake Part and you do not need to check in with anyone.

Call out the case name or your adversary's law firm in order to locate the other parties in the case. If no one has arrived, start to fill out a PC order.  There are PC Order forms on the front table.  The form is 3 pages long and there are additional blank pages if you need more space for additional directives.  All preliminary conference order forms are on carbon paper so be carefull that you do not stack the forms on top of each other while filling it out!

When all parties have arrived, complete the PC order and place it in the basket located at the front of the courtroom. When a court attorney is availalbe, your case will be called for a conference.  If there are no disputes between the parties, the court attorney will pick a compliance conference date (compliance conferences are held in CCP) and a date by which the plaintiff must file the note of issue (the note of issue signifies the completion of discovery).  If all parties cannot agree on the terms of the PC Order, the court attorney will try to coerce the parties to come to an agreement, but he/she does not have the power to issue an order.  If all parties do not consent to the terms of the PC Order, the matter must be conferenced before a judge.  The judge will then make a ruling and put it in the order.

What If A Party Does Not Appear?
If a party to the action does not appear by 11:00 am, you may go to the court officer and the PC will be adjourned.  If your adversary "signed-up" on the calendar outside but you could not locate him/her, you must wait until 11:15 a.m. to have the PC adjourned.  You must notify your adversary of the adjourn date.  If it is the second time on and the plaintiff fails to appear, the matter will be administratively disposed by the Court.  Please note that this is an administrative disposal and the plaintiff can move to restore the matter to the calendar at anytime.

Adjournments
All parties may request an adjournment of a PC from the court officer.  Grounds for an adjournment include plaintiff's failure to serve a BP or a pending non-discovery motion (such as a motion to dismiss for failing to properly effectuate service or a motion to amend the caption and add/remove parties.)

The New York CPLR

All civil practice and procedure in the State of New York is governed by the CPLR or "red book." If you are going to litigate cases in New York State courts, you should have a copy of the CPLR.

The CPLR

New York Civil Practice Law and Rules 2012 (Redbook)
Amazon Price: $85.50 $28.45 Buy Now
(price as of Jul 29, 2015)
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