Judge Peter P. Sweeney
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Terms of Sale
Court-wide- Upon request
Adjournments
- Parties may stipulate to a first or second adjournment, but the signed stipulation must be filed at least three business days before the scheduled first appearance, subject to the Court's authority to change the date.
Communication
Chambers16 contacts
Other Contacts2 contacts
Clerk2 contacts
Document Format Requirements1 rule
Plaintiffs will number their exhibits and defendants will letter their exhibits.
Document Filing Requirements15 rules
Proof that such notice was provided must be filed with the subpoena via NYSCEF in e-filed cases.
Depositions: A copy of depositions intended to be used at trial.
Requests to Charge: Provide proposed requests to charge, which may be adjusted if necessary.
Before trial, counsel must furnish marked pleadings and a copy of the Bill of Particulars to the Court.
Court's wording
Marked Pleadings and Bill of Particulars: Furnish to the Court marked pleadings and a copy of the Bill of Particulars pursuant to CPLR §4012 and Kings County Supreme Court Uniform Civil Term Rules §202.35.
If a compromise order was previously signed in the action, such order must be attached as an exhibit.
Petitions to amend a compromise order 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.
Counsel must pre-mark all exhibits in the order in which they intend to introduce them at trial. A list of the exhibits shall also be provided to the Court prior to trial.
The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. The affirmation must include a detailed description of the incident and liability issues.
If any portion of the settlement is structured, the cost of the annuity must be stated in the papers.
An affidavit of consent from an infant 14 years or older must be included with the petition.
A written memorandum of law with citations to the Official Reports is required.
Further, the submission shall include the infant’s medical reports, a recent physician affirmation, a settlement letter, an incident report (i.e., police report, school accident report…) and an affirmation of no liens.
Witness list: Provide a list of potential witnesses in the order in which you intend to call them at trial, including expert witnesses, their expertise, and summary of expected trial testimony.
All subpoenas on non-parties must sufficiently state the reasons underlying the subpoena.
Citations and copies of relevant court decisions and statutes should be furnished to the Court prior to commencement of plaintiff's case and when otherwise requested by the Court.
Filing & Service rules
Electronic Filing Rules
Fully executed stipulations and proposed orders must be filed through NYSCEF, while stipulations or letters in non-NYSCEF cases must be emailed to the part clerk.
Fully executed stipulations and proposed orders must be filed through NYSCEF. In the event that your action does not participate in NYSCEF, copies of stipulations or letters shall be emailed to the part at KSCCVPart73@nycourts.gov.
Civil cases
Page 1 | MOTIONS are heard on MONDAYS
A motion resolved by stipulation requires electronic filing of the stipulation or consent order with a proposed order at least three business days before the scheduled appearance.
Resolution of a motion - The parties may resolve motions by stipulation and e-file the stipulation or consent order along with a proposed order no later than three (3) business days prior to the scheduled appearance.
Civil cases
Page 1 | MOTIONS are heard on MONDAYS
Infant compromise petitions and all related supplemental submissions must be filed through NYSCEF.
Petitions for infant compromise orders as well as any supplemental submissions must be filed through NYSCEF.
Civil cases
Page 1 | INFANT COMPROMISE ORDERS
Filing Timing and Cure Windows
Immediately upon settlement of a motion or action, the parties must notify the Court by uploading a settlement stipulation, discontinuance stipulation, or the movant's withdrawal letter.
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.
Civil cases
Page 1 | MOTIONS are heard on MONDAYS
A stipulation or consent order resolving a motion, together with a proposed order, must be electronically filed at least three business days before the scheduled appearance.
Resolution of a motion - The parties may resolve motions by stipulation and e-file the stipulation or consent order along with a proposed order no later than three (3) business days prior to the scheduled appearance.
Civil cases
Page 1 | MOTIONS are heard on MONDAYS
A discovery subpoena will not be so-ordered unless all parties receive at least five days' advance notice of the contemplated submission.
It is the policy of Justice Sweeney not to so-order a discovery subpoena unless all parties are given notice, at least five days in advance, that the subpoena will be submitted to the Court to be so-ordered.
Civil cases
Page 1 | SUBPOENAS
Opposition papers are due two weeks before the Court's 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 1 week before the return date set by the Court.
Civil cases
Page 1 | MOTIONS are heard on MONDAYS
Service and Proof of Service Rules
Email is an allowed method of providing the required notice to parties about a discovery subpoena submitted for a so-order.
Notice to the parties may be given by email.
Civil cases
Page 1 | SUBPOENAS
Filing Fees and Waivers
Every 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 are heard on MONDAYS
Courtesy Copy Requirements
Copies of papers in cases filed electronically must not be sent to chambers.
DO NOT send copies of papers in e-filed cases to chambers.
Civil cases
Page 1 | MOTIONS are heard on MONDAYS
Pre-Motion Conference Requirements
Oral argument is mandatory for every unresolved motion, and all counsel and litigants must be prepared on the return date.
Oral argument is required on all unresolved motions. All Counsel/Litigants must be prepared with knowledge of the motion(s)/case and be ready for oral argument on the return date.
Civil cases
Page 1 | MOTIONS are heard on MONDAYS
Adjournment & Extension Requirements
Parties may stipulate to a first or second adjournment, but the signed stipulation must be filed at least three business days before the scheduled first appearance, subject to the Court's authority to change the date.
Adjournments - Parties may stipulate to adjourn a ‘first time on’ or ‘second time on’ motion. The date may be changed by the Court. A stipulation of adjournment shall be filed, signed by all parties, no later than 3 business days prior to the scheduled first appearance.
Civil cases
Page 1 | MOTIONS are heard on MONDAYS
After the first adjournment, the parties must appear in person to request the Court's consent to any further adjournment.
After the first adjournment, the parties must appear in person on the return date to seek consent of the Court for any further adjournment.
Civil cases
Page 1 | MOTIONS are heard on MONDAYS
Chambers Communication Rules
The Court does not engage in ex parte communication, and all communications to the Court must be provided on 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 are heard on MONDAYS
The Court does not engage in ex parte communication, and formal application through an order to show cause or motion is required for judicial intervention except as otherwise indicated.
This Court will NOT engage in ex parte communication. Formal application (OSC/motion) is required for judicial intervention, except as indicated above.
Civil cases
Page 1 | PART REMINDER
Chambers staff will schedule an infant compromise hearing after all required documents have been submitted.
Hearings will be scheduled by chambers staff upon submission of all required documents.
Civil cases
Page 1 | INFANT COMPROMISE ORDERS