Judge Gina Abadi
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Terms of Sale
Court-wide- Upon request
Adjournments
- An adjournment request based on party consent must be filed through NYSCEF at least three business days before the initial return date.
- An adjournment stipulation must be signed by every party, filed at least three business days before the first appearance, and include a briefing schedule.
Communication
Chambers16 contacts
Clerk2 contacts
Other Contacts1 contacts
Document Format Requirements2 rules
Pagination of in-camera documents is required for review. Any documents that are not paginated will be returned for resubmission.
- In camera document
Formatting
- •Pagination is required for review
All submissions must be separated by exhibit tabs.
Document Filing Requirements21 rules
Provide proposed requests to charge, which may be adjusted if necessary.
A written memorandum of law with citations to the Official Reports is required.
Furnish to the Court marked pleadings and a copy of the Bill of Particulars pursuant to CPLR § 4012 and the Uniform Rules for Civil Supreme Court § 202.35.
All parties must appear for a hearing unless their appearance was otherwise waived in writing.
Provide a list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, and summary of expected trial testimony.
Judicial subpoenas must be approved by the Subpoenaed Records Office and made returnable to the Subpoenaed Records Room, New York State Supreme Court, Kings County, 360 Adams Street, 6th Floor, Brooklyn, NY 11201.
Any potential evidentiary question or procedural or substantive law matter not previously adjudicated shall be brought to the Court’s attention and addressed prior to trial by way of a written or oral motion in limine.
This Court will not entertain discovery rulings. Formal application (OSC/motion) is required for judicial intervention, except as indicated above.
If any portion of the settlement is structured, the cost of the annuity must be stated in the papers.
DO NOT UPLOAD PROPOSED ORDERS UNLESS ALL SIDES CONSENTED TO THE ORDER BEING SIGNED.
A copy of depositions intended to be used at trial.
Approved subpoena shall be dropped off in the basket outside courtroom 929 for signature.
Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.
An affidavit of consent from an infant fourteen (14) years or older must be included in the petition and filed with the Court.
If a compromise order was previously signed in the action, such order must be attached as an exhibit.
A list of the exhibits shall also be provided to the Court prior to trial.
Prior to an in-camera inspection, parties must submit a detailed privilege log, pursuant to CPLR § 3122 (b).
Further, the submission shall include the infant’s medical reports, a physician affirmation, a settlement letter, an incident report (i.e., police report, school accident report…) and an affirmation of no liens.
Indicate if the action is partially settled or discontinued by individually naming the settling parties.
Plaintiffs will number their exhibits and defendants will letter their exhibits.
Counsel may pre-mark all exhibits in the order in which they intend to introduce them at trial before the Jury is seated.
Filing & Service rules
Electronic Filing Rules
Immediately after settling a motion or action, the parties must upload a settlement stipulation, discontinuance, or the movant's withdrawal letter through NYSCEF.
If a motion or an action is settled, the parties shall notify the Court immediately by uploading either a stipulation of settlement, a stipulation of discontinuance, or a letter by the movant indicating that the motion is withdrawn on NYSCEF.
Civil cases
Page 1 | MOTIONS
Subpoenas may not be filed or submitted electronically.
Subpoenas are not accepted electronically.
Civil cases
Page 1 | SUBPOENAS
A discontinuance must continue to be filed electronically with the appropriate filing fee.
Parties must continue to electronically file discontinuances, with the appropriate fee.
Civil cases
Page 1 | MOTIONS
An infant compromise petition must be filed through NYSCEF with a stipulation of discontinuance.
Petitions for infant compromise orders must be filed through NYSCEF, together with a Stipulation of Discontinuance.
Civil cases
Page 1 | INFANT COMPROMISE ORDERS
The parties may also resolve motions by e-filing a consent proposed order on the appropriate court form (see hyperlinked forms below) at least three (3) business days prior to the scheduled appearance.
The parties may also resolve motions by e-filing a consent proposed order on the appropriate court form (see hyperlinked forms below) at least three (3) business days prior to the scheduled appearance.
Civil cases
Page 1 | MOTIONS
Supplemental submissions in an infant compromise matter must be uploaded through NYSCEF.
Any supplemental submissions must be uploaded through NYSCEF as well.
Civil cases
Page 1 | INFANT COMPROMISE ORDERS
Hard copies are generally unnecessary, but affidavits of service on Orders to Show Cause must be provided in hard copy.
Hard copies are not required, except affidavits of service on Orders to Show Cause.
Civil cases
Page 1 | MOTIONS
Filing Timing and Cure Windows
Opposition papers are due two weeks before the court-set return date, and any reply papers are due at least one week before that date.
Opposition papers are due 2 weeks prior to the return date set by the Court and Reply papers (if any) are due at least one week before the return date set by the Court.
Civil cases
Page 1 | MOTIONS
Opposition or reply papers received after noon on the day before the motion hearing may not be considered.
OPPOSITION OR REPLY RECEIVED AFTER 12PM THE DAY BEFORE THE MOTION IS SCHEDULED TO BE HEARD MAY NOT BE CONSIDERED.
Civil cases
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
The consent proposed order must be filed at least three business days before the scheduled appearance.
The parties may also resolve motions by e-filing a consent proposed order on the appropriate court form (see hyperlinked forms below) at least three (3) business days prior to the scheduled appearance.
Civil cases
Page 1 | MOTIONS
After a non-jury trial, the parties must submit findings of fact and conclusions of law within ten days.
The parties are required to submit findings of facts and conclusions of law within ten days of the trial.
Civil cases
Page 1 | TRIALS
The court must be notified immediately after a motion or action is settled.
If a motion or an action is settled, the parties shall notify the Court immediately by uploading either a stipulation of settlement, a stipulation of discontinuance, or a letter by the movant indicating that the motion is withdrawn on NYSCEF.
Civil cases
Page 1 | MOTIONS
Filing Fees and Waivers
The appropriate filing fee is required for an electronically filed discontinuance.
Parties must continue to electronically file discontinuances, with the appropriate fee.
Civil cases
Page 1 | MOTIONS
Pre-Motion Conference Requirements
A motion may be decided on default for failure to file papers and appear, submit a consent order, or obtain an adjournment.
Motions may be decided on default if there is a failure to file papers and appear, a failure to submit a consent order, or a failure to obtain an adjournment.
Civil cases
Page 1 | MOTIONS
In-person oral argument is required for every motion.
In person oral argument is required on all motions.
Civil cases
Page 1 | MOTIONS
If the matter is not settled or accepted as a fully executed stipulation, the parties must appear in person.
If the matter is not settled or resolved via fully executed stipulation with confirmation from the Court that it is being accepted, the parties are to appear in person.
Civil cases
Page 1 | MOTIONS
PARTIES HAVE RESOLVED A MOTION ON CONSENT AND UPLOADED A PROPOSED ORDER VIA NYSCEF AT LEAST THREE BUSINESS DAYS PRIOR TO THE RETURN DATE; AND
PARTIES HAVE RESOLVED A MOTION ON CONSENT AND UPLOADED A PROPOSED ORDER VIA NYSCEF AT LEAST THREE BUSINESS DAYS PRIOR TO THE RETURN DATE; AND
Civil cases
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
An in-person appearance is generally required for all motions, subject to the stated consent-resolution exception.
AN IN-PERSON APPEARANCE IS REQUIRED ON ALL MOTIONS EXCEPT WHERE:
Civil cases
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
The movant must obtain confirmation from the part clerk that an appearance is unnecessary before relying on the consent-resolution exception.
THE MOVANT GETS CONFIRMATION FROM THE PART CLERK THAT THEY DO NOT HAVE TO APPEAR.
Civil cases
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
The court will not conduct a second calendar call.
There will not be a second call.
Civil cases
Page 1 | MOTIONS
Adjournment & Extension Requirements
An adjournment stipulation must be signed by every party, filed at least three business days before the first appearance, and include a briefing schedule.
A stipulation of adjournment shall be filed, signed by all parties, at least three (3) business days prior to the scheduled first appearance and contain a briefing schedule.
Civil cases
Page 1 | MOTIONS
Adjournments are granted only when all listed conditions are satisfied.
ADJOURNMENT REQUESTS ARE ONLY GRANTED:
Civil cases
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
An adjournment request based on party consent must be filed through NYSCEF at least three business days before the initial return date.
ON CONSENT OF ALL PARTIES BY NYSCEF FILING, AT LEAST 3 BUSINESS DAYS PRIOR TO THE INTIAL RETURN DATE.
Civil cases
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
The stated consent-based adjournment procedure is available only when the motion has never previously been adjourned.
ONLY IF THE MOTION HAS NEVER BEEN ADJOURNED BEFORE.
Civil cases
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
After the first adjournment, the requesting party must appear in person to obtain the court's consent.
After the first adjournment, an IN-PERSON appearance to obtain consent of the Court is required.
Civil cases
Page 1 | MOTIONS
The court will not grant an adjournment request submitted by email or telephone.
Adjournment requests are not granted by email or telephone.
Civil cases
Page 1 | MOTIONS
A first-time motion may be adjourned to a Wednesday no more than six weeks after its return date.
A ‘first time on’ motion may be adjourned to a Wednesday, no more than 6 weeks from the return date.
Civil cases
Page 1 | MOTIONS
Chambers Communication Rules
Parties must not request an adjournment by calling or emailing the court.
DO NOT CALL OR EMAIL THE COURT FOR AN ADJOURNMENT.
Civil cases
Page 1 | Hon. Gina Abadi Civil Part 18 Rules
The court will not engage in ex parte communications, and all communications to the court must provide notice to the opposing party.
This Court will not engage in ex-parte communication. All communication to the Court must be on notice to your adversary.
Civil cases
Page 1 | MOTIONS
Parties must not call the court to ask whether an appearance is required.
DO NOT CALL THE COURT TO INQUIRE WHETHER AN APPEARANCE IS REQUIRED!
Civil cases
Page 1 | Hon. Gina Abadi Civil Part 18 Rules