Judge Patria Frias-Colón
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Stipulation
Terms of Sale
Court-wide- Upon request
Adjournments
- A consent-adjournment request must be filed by written stipulation at least five business days before the motion calendar date.
- A subsequent adjournment request, even on party consent, requires a showing of good cause.
- The requested new adjournment date must be within six weeks of the current return date, although the Court may change that date.
- A contested motion may be adjourned through an oral application made on the motion's return date.
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Request must include
Communication
Chambers10 contacts
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Other Contacts2 contacts
Clerk2 contacts
Document Format Requirements1 rule
At the conclusion of oral argument, the Court may direct appropriate party to draft a proposed Order in Microsoft Word format.
Document Filing Requirements8 rules
An infant-compromise submission must include specified medical, physician, settlement, incident-report, and no-lien materials.
Court's wording
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, etc.) and an Affirmation of no liens.
Exhibits: Attorneys must pre-mark all exhibits in the order they are to be introduced at trial.
If a Compromise Order was previously signed in the action, such Order must be attached as an exhibit.
Attorneys shall exchange and provide the Court with their witness lists, with the names in order of their anticipated appearances.
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 Form from an infant fourteen (14) years or older must be included in the Petition and filed with the Court.
Said draft proposed Orders shall include: the Index number, the NYSCEF document number, calendar date and number, MS number, and where an Order is issued on consent or without opposition, indicate that as well.
- Document
- Proposed order
Must include
- •Case number
All parties shall provide the Court and all counsel a list of their respective exhibits in numerical order from Plaintiff(s), and in alphabetical order from Defendant(s).
Filing & Service rules
Electronic Filing Rules
All motions must be filed through NYSCEF, with non-electronic motions converted to electronic filing when possible.
All Motions must be filed electronically through the New York State Court Electronic Filling system (NYSCEF) and if not E-filed, must be converted to E-filing if possible.
Civil cases
Page 1 | Filing of Papers
Infant-compromise or wrongful-death petitions, related supplemental submissions, and the stipulation of discontinuance must be filed electronically through NYSCEF.
Such Petitions and related supplemental submissions must be E-filed via NYSCEF, together with a Stipulation of Discontinuance.
Civil cases
Page 1 | Infant Compromise and Wrongful Death Proceedings
For a case not participating in NYSCEF, motions must be mailed to the Motion Support Office rather than Chambers.
In the rare instance where the case does not participate in NYSCEF, Motions must be mailed to the Motion Support Office at 360 Adams Street, Room 227, NOT to Chambers.
Civil cases
Page 1 | Non-E-filed Motions
A court-directed draft proposed order must be emailed to Chambers rather than uploaded through NYSCEF.
If so, please DO NOT uploading said draft proposed Orders via NYSCEF, instead please email draft proposed Orders to Chambers to kysmith@nycourts.gov and vcdejesus@nycourts.gov.
Civil cases
Page 1 | Orders
A subpoena may be electronically filed through NYSCEF only after approval by the records room.
Only upon such approval shall subpoenas be E-filed via NYSCEF.
Civil cases
Page 1 | Subpoenas
Filing Timing and Cure Windows
A notice withdrawing a motion must be filed through NYSCEF and emailed to Chambers at least five business days before the calendar date or as soon as the resolution is reached, whichever occurs first.
Any party wishing to withdraw a Motion must notify the Court by filing a notice of withdrawal via NYSCEF and emailing a courtesy copy to Chambers to kysmith@nycourts.gov and vcdejesus@nycourts.gov at least five (5) business days before the Motion calendar date or as soon as such resolution is reached, whichever is sooner.
Civil cases
Page 1 | Withdrawals/Resolutions of Motions
A stipulation resolving a motion before the return date must be filed through NYSCEF and emailed to Chambers immediately upon resolution.
If, prior to the return date, the parties have resolved a Motion by Stipulation, in full or in part, said Stipulation must be filed via NYSCEF and emailed to Chambers immediately upon said resolution to kysmith@nycourts.gov and vcdejesus@nycourts.gov.
Civil cases
Page 1 | Withdrawals/Resolutions of Motions
A request to extend the summary-judgment filing deadline must be made within 60 days after the Note of Issue is filed.
All requests to extend the time to file a SJM must be made within 60 days from filing the Note of Issue.
Civil cases
Page 1 | Filing of Papers
A summary-judgment motion must be filed within 60 days after the Note of Issue is filed.
Regarding summary judgment motions (SJM): must be filed within sixty (60) days from filing the Note of Issue.
Civil cases
Page 1 | Filing of Papers
Consent Preliminary Conference and Compliance Conference orders must be electronically filed at least one day before the scheduled return date.
Preliminary Conference (“PC”) and Compliance Conference (“CC”) Orders shall be resolved on consent and then E-filed for the Court’s approval. The proposed PC and CC Orders shall be E-filed at least one day before the scheduled return date.
Civil cases
Page 1 | Maimonides/MMESP-6 Conference Calendars
A stipulation extending the summary-judgment filing deadline requires court leave.
Stipulations to extend the time to file a SJM are not permitted without leave of Court.
Civil cases
Page 1 | Filing of Papers
In a non-electronic case, a motion-resolution stipulation must be filed with the Kings County Clerk within five business days after execution and also emailed to Chambers.
If matter is not E-filed, said Stipulation must be filed with the Kings County Clerk’s office within five (5) business days of its execution and also emailed to Chambers to kysmith@nycourts.gov and vcdejesus@nycourts.gov.
Civil cases
Page 1 | Withdrawals/Resolutions of Motions
All motions, including any reply papers, must be fully briefed seven days before the return date.
To be ready for the Court to hear argument on all motions, they must be fully briefed seven (7) days prior to the return date, including Reply Papers (if any).
Civil cases
Page 1 | Parts 80 & MMESP-6 Motions and Argument
Emergency applications by order to show cause are exempt from the seven-day full-briefing requirement.
Emergency Applications by Order to Show Cause are Exempt from this requirement.
Civil cases
Page 1 | Parts 80 & MMESP-6 Motions and Argument
Service and Proof of Service Rules
An application to relieve counsel requires proof of service and will be heard on its return date.
All applications to be relieved as counsel are to be heard on the return date with proof of service of the application.
Civil cases
Page 1 | Applications to be Relieved as Counsel
Motion papers, answering affidavits, and reply affidavits must be served under CPLR § 2214 or the latest administrative order unless otherwise stipulated or ordered.
Under all circumstances, unless otherwise stipulated or Ordered, Motion papers, Answering Affidavits and Reply Affidavits must be served on the parties in accordance with CPLR § 2214 or the most recent Administrative Order.
Civil cases
Page 1 | Non-E-filed Motions
Courtesy Copy Requirements
A courtesy copy of a consent-adjournment stipulation must be emailed to both law clerks with all adversaries copied.
A courtesy copy of the stipulation must be emailed to the Court by emailing kysmith@nycourts.gov and vcdejesus@nycourts.gov and copying all adversaries.
Civil cases
Page 1 | Adjournments on Consent
Courtesy copies are not required for motion papers submitted through NYSCEF.
The Court does not require courtesy copies of motion papers submitted via NYSCEF.
Civil cases
Page 1 | Filing of Papers
Adjournment & Extension Requirements
A consent-adjournment request must be filed by written stipulation at least five business days before the motion calendar date.
The parties may request an adjournment by written stipulation that must be filed via NYSCEF (or with the Kings County Clerk’s office if not E-filed) no less than five (5) business days before the Motion Calendar Date.
Civil cases
Page 1 | Adjournments on Consent
A consent-adjournment stipulation must account for all captioned parties and explain any party excluded from receiving a copy.
The Stipulation must account for all parties in the caption. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.), the reason for the exclusion must be stated in the stipulation.
Civil cases
Page 1 | Adjournments on Consent
A contested motion may be adjourned through an oral application made on the motion's return date.
An oral application to adjourn a motion may be made before the Court on the return date of the motion.
Civil cases
Page 1 | Contested Adjournments
The requested new adjournment date must be within six weeks of the current return date, although the Court may change that date.
In addition to including the calendar date and number currently scheduled, the requested adjournment must be within six (6) weeks from the return date, which date may have to be changed by the Court.
Civil cases
Page 1 | Adjournments on Consent
A subsequent adjournment request, even on party consent, requires a showing of good cause.
However, any subsequent adjournment requests, even if on consent of the parties, shall be considered upon good cause as to why a subsequent adjournment is needed.
Civil cases
Page 1 | Adjournments on Consent
Chambers Communication Rules
An inquiry email must be copied to every party unless no other party has appeared.
This email must be copied to all parties in the action or indicate that no other party has appeared in the action.
Civil cases
Page 1 | Inquires
The email transmitting a draft proposed order must include the case name, index number, calendar number, and MS number in its subject line.
The email subject line MUST include case name, Index number, calendar and MS numbers.
Civil cases
Page 1 | Orders
Attorneys must email requests to charge and verdict sheets to both Chambers emails as soon as the case is assigned to the judge.
Attorneys shall email Chambers to kysmith@nycourts.gov and vcdejesus@nycourts.gov their respective requests to charge and verdict sheets as soon as the case is assigned to Justice Frias-Colón.
Civil cases
Page 1 | Trials and EBT Rules
Requests concerning electronic trial rulings must be emailed to Chambers with opposing counsel copied.
EBT Rulings: Requests on EBT rulings shall be made to Chambers via email with opposing counsel copied on said email.
Civil cases
Page 1 | Trials and EBT Rules
Assigned trials are scheduled directly through Chambers.
Assigned trials will be scheduled directly through Chambers.
Civil cases
Page 1 | Trials and EBT Rules
Inquiries should be sent by email to the Principal Law Clerk and Assistant Law Clerk.
Please email Principal Law Clerk Kyle Smith at kysmith@nycourts.gov and Assistant Law Clerk Victoria Cruz-De Jesus at vcdejesus@nycourts.gov.
Civil cases
Page 1 | Inquires