Judge Debra Givens
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Civil trial adjournments may be granted only with the Judge's permission.
- An adjournment request must be submitted to the judge’s secretary, law clerk, or court clerk and obtained before the scheduled court date.
- Counsel seeking an adjournment must provide written confirmation of the adjournment and rescheduled date to all parties and the court.
- +2 more
Request must include
- Adjournment requests must be made in writing, with notice to opposing counsel, and submitted to the Court no later than 72 hours before the scheduled appearance.
Communication
Chambers
Document Filing Requirements11 rules
Motions to resolve discovery disputes shall be accompanied by an affidavit of good faith attempt at resolution.
Assistant District Attorneys to provide copy of NYSIS to the Court prior to arraignments on indictments, bail motions, and SCI pleas.
All SCI paperwork and Defendant Information Sheet is to be provided to the Court at least 48 hours in advance of the scheduled plea.
An initial conference will be held virtually via MS Teams unless otherwise indicated. Pleadings and a brief summary of the case in letter form are required in advance of the conference.
There must have been a conversation between counsel to attempt to resolve discovery disputes.
All orders must be submitted with an indication that the order has been sent to all opposing counsel or pro se litigant.
Orders will not be signed without proof of opportunity of opposing counsel or pro se party to review.
Requests for costs and/or attorney fees must be accompanied by a bill of costs and an affidavit indicating the basis for the award requested.
The first motion should include proof of compliance with the 90-day pre-foreclosure notice, where required by RPAPL 1304.
All default motions should be accompanied with an attorney affirmation setting forth the basis for the default.
and verdict sheets are required one (1) week prior to jury selec on.
Filing & Service rules
Electronic Filing Rules
Papers in matters not subject to electronic filing must be provided to the Court simultaneously with service on all parties.
Papers in matters not subject to e-filing are to be provided to the Court simultaneously with service on all parties.
Page 2 | E-FILING
All papers and exhibits subject to electronic filing, including motions, proposed orders, and proposed judgments, must be electronically filed.
All papers and exhibits subject to e-filing, including motions, proposed orders and proposed judgments shall be electronically filed.
Page 2 | E-FILING
Filing Timing and Cure Windows
The Court must receive all papers at least three days before the return date.
The Court must be in receipt of all papers at least three (3) days prior to the return date.
Page 1 | CRIMINAL MATTERS
Service and Proof of Service Rules
All mo on papers (including responding papers) should be properly served upon counsel and the Court. Refer to me schedules and procedures set forth in the CPL. The Court must be in receipt of all papers at least three (3) days prior to the return date.
All mo on papers (including responding papers) should be properly served upon counsel and the Court. Refer to me schedules and procedures set forth in the CPL. The Court must be in receipt of all papers at least three (3) days prior to the return date.
Page 1 | CRIMINAL MATTERS
Where the premises are occupied, notice of any motions should be mailed to the defendant(s), regardless of whether they are in default in answering the complaint.
Where the premises are occupied, notice of any motions should be mailed to the defendant(s), regardless of whether they are in default in answering the complaint.
Page 2 | FORECLOSURES
Pre-Motion Conference Requirements
Motions are decided on submission, although the Court may grant oral argument upon request on a case-by-case basis.
all mo ons will be decided on submission. Oral argument may be granted, if requested, on a case-by-case basis as determined by the Court.
Page 2 | CIVIL MATTERS
Discovery motions may be subject to a conference with the Law Clerk before argument on the return date.
Discovery motions may be subject to a conference with the Law Clerk prior to argument on the return date.
Page 2 | CIVIL MATTERS
Adjournment & Extension Requirements
An adjournment will not be granted until a new date within 10 days of the original appearance is secured with the Court.
No adjournment will be granted until a new date is secured with the Court that is within 10 days of the original scheduled appearance.
Page 1 | SUPERIOR CRIMINAL COURTS ADJOURNMENT POLICY
Adjournment requests must be made in writing, with notice to opposing counsel, and submitted to the Court no later than 72 hours before the scheduled appearance.
Requests for adjournments must be made in writing, on notice to opposing counsel, and the Court no later than 72 hours prior to the scheduled appearance.
Page 1 | SUPERIOR CRIMINAL COURTS ADJOURNMENT POLICY
Civil trial adjournments may be granted only with the Judge's permission.
Adjournments are granted by permission of the Judge only.
Page 2 | CIVIL TRIALS
Adjournments generally require counsel’s consent, but emergencies are excepted.
Adjournments will only be granted upon consent of counsel, except in cases of emergency.
Page 3 | ADJOURNMENTS
Counsel seeking an adjournment must provide written confirmation of the adjournment and rescheduled date to all parties and the court.
Confirma on of any adjournment together with its rescheduled date must be made in wri ng to all par es and to the Court by counsel seeking the adjournment.
Page 3 | ADJOURNMENTS
An adjournment request must be submitted to the judge’s secretary, law clerk, or court clerk and obtained before the scheduled court date.
Any request for an adjournment shall be made to the Judge’s secretary, law clerk, or court clerk and must be obtained in advance of the scheduled court date.
Page 3 | ADJOURNMENTS
Chambers Communication Rules
Foreclosure scheduling must be done by email to htucker@nycourts.gov, pkoenig@nycourts.gov, and sfagan@nycourts.gov.
Foreclosure scheduling is done by email to: htucker@nycourts.gov and pkoenig@nycourts.gov and sfagan@nycourts.gov.
Page 2 | FORECLOSURES