Judge Robin K. Sheares
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion
Terms of Sale
Court-wide- Upon request
Communication
Phone
Clerk
Phone
Chambers
Chambers
Page & Word Limits1 rule
A written, cited memorandum of law of no more than five pages is strongly encouraged for motions in limine.
- Motions in limine memorandum
- Up to 5 pages
Court's wording
Motions in Limine. A written memorandum of law (no more than five pages) with citations to the Official Reports is strongly encouraged; citations and copies of relevant court decisions and statutes should be furnished to the Court.
Document Format Requirements2 rules
All proposed verdict sheets shall be submitted to the Court in typed form at the close of plaintiff's case or as requested by Court.
Formatting
- •Typed form
All proposed jury charges shall be submitted to the Court in typed form when requested by the Court.
Formatting
- •Typed form
Document Filing Requirements11 rules
The court must receive a proposed order before an infant compromise hearing can be scheduled.
- Document
- Infant compromise hearing package
Must include
- •Proposed order
Court's wording
Prior to scheduling the hearing, the Court MUST receive the proposed order, copies of all relevant medical records, doctor(s) affirmations, and a NYC Department of Human Resources Lien/No Lien Letter and ALL checklist items.
Prior to trial, Counsel shall provide to the court a list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, including a summary of expected trial testimony, and any interpreters needed.
Counsel shall pre-mark all exhibits in the order which they intend to introduce them at trial.
On the business day before the trial, the exhibits and the list will be given to the Part Clerk who will officially mark them before trial.
Orders to Show Cause that are not efiled MUST contain the contact information (telephone number, email address and/or mailing address), if available for ALL parties.
Marked Pleadings. Prior to trial, counsel shall furnish to the Court marked pleadings pursuant to CPLR §4012.
Plaintiffs will number their exhibits and defendants will letter their exhibits.
A list of the exhibits shall be provided to the Court prior to trial.
To request a conference regarding discovery concerns, submit the proper Virtual Conference request form on consent of ALL parties.
Copies of depositions intended to be used at trial should be furnished to the Court at the commencement of the trial.
All exhibits agreed that are in evidence should be noted as such.
Filing & Service rules
Electronic Filing Rules
Parties must immediately notify the court through an uploaded settlement stipulation, discontinuance stipulation, or, for non-e-filed matters, a movant’s withdrawal letter, and must not email the stipulation.
If a motion has been withdrawn or a case has been settled, the parties MUST 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 (non-e-filed matters). DO NOT email the stipulation.
Page 1 | MOTIONS
ADR adjournment stipulations must be uploaded to NYSCEF.
Any stipulations to adjourn should be uploaded to NYSCEF and emailed to the part clerk by 11:00 am the Friday prior to the scheduled appearance.
Page 1 | ADR SETTLEMENT CONFERENCE PART RULES
All stipulations, including adjournment stipulations, must be submitted through NYSCEF and not by email.
DO NOT email the stipulation. ALL Stipulations should be submitted ONLY via NYSCEF.
Page 1 | MOTIONS
If an ADR matter is settled, discontinued, or no longer needs a conference, the parties must immediately upload notice or a stipulation to NYSCEF.
If a matter has been settled, discontinued or if a conference is no longer feasible the parties shall notify the court immediately by uploading a letter correspondence or stipulation to NYSCEF.
Page 1 | ADR SETTLEMENT CONFERENCE PART RULES
Parties are strongly encouraged to convert their matter to electronic filing.
You are strongly encouraged to convert your matter to electronic filing.
Page 1 | MOTIONS
Filing Timing and Cure Windows
An e-filed adjournment stipulation is due by 11:00 a.m. on the Monday before the appearance, or Tuesday when Monday is a court holiday.
Stipulations for adjournments must be e-filed no later than the 11:00 am the Monday prior to the scheduled appearance (Tuesday if the Monday is a court holiday).
Page 1 | MOTIONS
A summary judgment motion must be made within 60 days after the Note of Issue is filed.
Summary judgment motions must be made within sixty (60) days of the filing of the Note of Issue.
Page 1 | MOTIONS
An ADR adjournment stipulation must be uploaded to NYSCEF and emailed to the Part Clerk by 11:00 a.m. the Friday before the appearance.
Any stipulations to adjourn should be uploaded to NYSCEF and emailed to the part clerk by 11:00 am the Friday prior to the scheduled appearance.
Page 1 | ADR SETTLEMENT CONFERENCE PART RULES
Service and Proof of Service Rules
Motion papers, answering affidavits, and reply affidavits must be served on opposing parties under CPLR § 2214.
Motion papers, answering affidavits, and reply affidavits must be served on adversaries as per CPLR §2214.
Page 1 | MOTIONS
Filing Fees and Waivers
Required fees for pro se or other non-e-filed Orders to Show Cause must be paid to the County Clerk before submission to the part.
Pro se proposed orders to show cause and orders to show cause for non-e-filed matters MUST BE brought to the Ex Parte Motion Support Office prior to submission to the part. DO NOT send them directly to chambers. Fees, as required by law, must be paid to the County Clerk prior to submission.
Page 1 | MOTIONS
Courtesy Copy Requirements
One courtesy copy of the complete motion is required for non-electronically filed matters, with electronic filing strongly encouraged.
If your matter is NOT electronically filed, you must provide a courtesy copy of the complete motion that was previously filed with motion support. You are strongly encouraged to convert your matter to electronic filing.
Page 1 | MOTIONS
Adjournment & Extension Requirements
The Part does not accept late adjournment stipulations, and late adjournment requests must be made at the motion calendar call.
THE PART IS NO LONGER ACCEPTING LATE stipulations for adjournments. Late adjournment requests will have to be made at the motion calendar call.
Page 1 | MOTIONS
A first adjournment request is granted with or without opposing consent, but later nonunanimous requests must be made in person before the judge rather than by contacting court staff.
First time applications to adjourn a motion will be granted WITH or WITHOUT the consent of opposing counsel. After the first adjournment, if all parties do not agree on an adjournment, an application MUST BE made IN PERSON to the judge. DO NOT CALL OR EMAIL THE PART CLERK OR THE SECRETARY. THEY CANNOT ADJOURN THE MOTION UNLESS ALL PARTIES AGREE.
Page 1 | MOTIONS
The Part does not accept late ADR adjournment stipulations or telephone requests, and late requests must be made at the settlement conference calendar call.
THE PART WILL NOT ACCEPT LATE stipulations for adjournments or requests made by telephone. Late adjournment requests will have to be made at the settlement conference calendar call.
Page 1 | ADR SETTLEMENT CONFERENCE PART RULES
After a motion is adjourned, counsel must notify the calendar clerk or paralegal of the new date.
If your motion is adjourned, it is the attorneys’ responsibility to inform their calendar clerk and/or paralegal of the adjourn date.
Page 1 | MOTIONS
Only two stipulations for adjournment may be submitted without prior court approval.
Parties may submit a stipulation:Consenting to an adjournment with briefing schedule. (Note: Only two adjournments will be permitted without prior court approval).
Page 1 | MOTIONS
Only one ADR adjournment request may be made without court consent.
Further, only one adjournment request will be permitted without consent from the Court.
Page 1 | ADR SETTLEMENT CONFERENCE PART RULES
Chambers Communication Rules
The Part Clerk and Secretary may not be contacted to obtain an adjournment and cannot grant one unless all parties agree.
DO NOT CALL OR EMAIL THE PART CLERK OR THE SECRETARY. THEY CANNOT ADJOURN THE MOTION UNLESS ALL PARTIES AGREE.
Page 1 | MOTIONS
After a trial is assigned to the part, counsel must email the Court Attorney to schedule a trial conference.
Once your trial is assigned to this part, you MUST email the Court Attorney to schedule a trial conference.
Page 1 | TRIALS
The Part does not accept adjournment requests made by telephone.
THE PART WILL NOT ACCEPT LATE stipulations for adjournments or requests made by telephone. Late adjournment requests will have to be made at the settlement conference calendar call.
Page 1 | ADR SETTLEMENT CONFERENCE PART RULES
Ex parte communications with chambers by phone or any other method are prohibited.
EX-PARTE COMMUNICATION WITH CHAMBERS BY PHONE OR OTHERWISE IS NOT PERMITTED.
Page 1 | COMMUNICATION
The ADR Part Clerk must be emailed about the stipulations to adjourn by 11:00 a.m. the Friday before the appearance.
Any stipulations to adjourn should be uploaded to NYSCEF and emailed to the part clerk by 11:00 am the Friday prior to the scheduled appearance.
Page 1 | ADR SETTLEMENT CONFERENCE PART RULES
Before emailing the Court Attorney or Part Clerk, the eCourts site must be checked to identify the hearing part for the motion.
BEFORE emailing or calling the Court Attorney and/or the Part Clerk, check e-courts (https://iapps.courts.state.ny.us/webcivil/FCASMain) to determine what part the motion(s) in question is being heard: i.e. Intake, CCP, JCP, FCP, City Part, or Part 96.
Page 1 | MOTIONS
Discovery and discovery-motion inquiries must be directed to the applicable Intake Part or Centralized Compliance Part.
All inquiries regarding discovery or discovery motions are to be directed to the Intake Part or the Centralized Compliance Part, as applicable.
Page 1 | DISCOVERY
After all infant compromise hearing checklist items are submitted, the hearing may be scheduled by calling Ms. John at 347-296-1551.
After ALL ICO checklist items are submitted a hearing can be scheduled by contacting Ms. John at 347 296-1551.
Page 1 | INFANT COMPROMISE HEARINGS
All inquiries as to case or calendar status should, in the first instance, be made to the Motion Support Office at (347) 401-9249.
All inquiries as to case or calendar status should, in the first instance, be made to the Motion Support Office at (347) 401-9249.
Page 1 | COMMUNICATION