Judge Menachem Mirocznik
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Terms of Sale
Court-wide- Upon request
Communication
Chambers9 contacts
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Other Contacts2 contacts
Clerk2 contacts
Document Filing Requirements12 rules
Any Stipulation of Settlement with a Pro Se/Self-represented Defendant must be “So Ordered” by the Court.
- Document
- Stipulation
Must include
- •“So Ordered” by the Court
All subpoenas must be approved by the Subpoena Records Room, located on the 6th Floor, after which the approved subpoena shall be dropped off in the courtroom 357, for signature.
Counsel shall pre-mark all exhibits in the order in which they intend to introduce them at trial. A list of the exhibits shall be provided to the Court prior to trial.
- Document
- Exhibits
Must include
- •Exhibit list
Movant must bring a hard copy of a Proposed Order on the motion return date (including Proposed Orders for e-filed cases).
Any potential evidentiary questions, procedural or substantive law matter not previously adjudicated shall be brought to the Court’s attention by motion in limine.
Prior to trial, counsel shall provide the Court with a list of potential witnesses they intend to call at trial, including expert witnesses, and the date they intend to call each witness.
If the Court makes a ruling on a motion, the parties who appear are required to submit a short form order, unless indicated otherwise.
At the initial conference, or soon thereafter, counsel must furnish the Court with marked pleadings and a copy of the Bill of Particulars.
Foreclosure motions must include a copy of a proposed order resembling the sample orders promulgated by the Chief Administrative Judge of the Courts, if applicable.
- Document
- Motion
Must include
- •Proposed order
Prior to trial, counsel shall provide the Court proposed jury charges and proposed verdict sheets in typed form, which may be adjusted after a charging conference.
All motion will be heard in person, on Wednesdays in Courtroom 357, unless the Court indicates otherwise.
A copy of depositions intended to be used at trial shall be furnished to the Court at the commencement of the trial.
Filing & Service rules
Electronic Filing Rules
A party withdrawing a motion must file a notice of withdrawal in NYSCEF and email a courtesy copy to the Part.
Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and emailing a courtesy copy to the Part.
Page 1 | Motions
For a resolved motion or settled case, the parties must e-file or submit a fully executed settlement or discontinuance stipulation to the County Clerk and email a copy to the Part.
If the parties have resolved a motion or a case has been settled, the parties must either e-file or submit to the County Clerk a fully executed stipulation of settlement or a stipulation of discontinuance and email a copy to the Part.
Page 1 | Motions
Subpoenas may not be submitted electronically.
Subpoenas will not be accepted electronically.
Page 1 | Subpoenas
Filing Timing and Cure Windows
The proposed order must be received by the end of the day on the motion return date.
Proposed Orders must be received by end of day on the motion return date.
Page 1 | Motions
Adjournment & Extension Requirements
A motion may be adjourned only with a stipulation signed by all parties, and a copy must be emailed to chambers or the Part Clerk.
Motions can only be adjourned upon a stipulation signed by all parties. A copy of the stipulation to adjourn must be emailed to chambers and/or Part Clerk.
Page 1 | Motions
Parties may adjourn a motion twice by consent; after the second adjournment, the court will grant an adjournment only for cause.
Parties are permitted to adjourn a motion twice on consent. After the second adjournment, the Court will only adjourn a motion for cause.
Page 1 | Motions
Chambers Communication Rules
An in-person appearance is required for every motion, and chambers or the Part Clerk must not be called to confirm the appearance requirement.
All motions require an in-person appearance; do not call chambers or the Part Clerk to confirm that you need to appear.
Page 1 | Motions
Chambers must be advised one week in advance when an interpreter is required for a motion, trial, or other appearance.
Please advise chambers before a motion, trial or other appearance one week in advance, if an interpreter is required.
Page 1 | General
The court prefers that communications be sent by email to KSCCVFRP5@nycourts.gov.
The court prefers communication via email to KSCCVFRP5@nycourts.gov.
Page 1 | General