Judge Wavny Toussaint
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Compromise Order, Supporting Documents
Motion
Notice of Withdrawal
Stipulation
Communication
Chambers10 contacts
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Clerk2 contacts
Other Contacts2 contacts
Page & Word Limits1 rule
A written memorandum of law (no more than two pages) with citations to the Official Reports is required, except as the Court may direct otherwise.
- Memorandum of law
- Up to 2 pages
Document Format Requirements2 rules
Proposed jury charges and verdict sheets must be submitted in word format.
- File type
- Word
- Proposed jury charges
- Verdict sheet
Court's wording
Proposed Jury Charges and Verdict Sheets. All proposed jury charges and proposed verdict sheets shall be submitted to the Court in typed form (in word format) no later than the close of plaintiff's case, or at such earlier date set by the Court.
Upload the compromise order and all supporting documents to NYSCEF and email a courtesy copy (in word format) to the Court via email to lstewart@nycourts.gov and bthurman@nycourts.gov.
- File type
- Word
- Compromise order
- Supporting documents
Document Filing Requirements12 rules
Proposed orders to show cause must be brought to the Ex Parte Motion Support Office prior to submission to Part 70.
- Document
- Proposed order to show cause
Must include
- •Proposed order
Before trial, counsel must provide a potential-witness list in call order, including experts, expertise, expected testimony summaries, and needed interpreters.
Court's wording
Witnesses. 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.
Proposed Jury Charges and Verdict Sheets. All proposed jury charges and proposed verdict sheets shall be submitted to the Court in typed form (in word format) no later than the close of plaintiff's case, or at such earlier date set by the Court.
Death Compromise petitions shall include the death certificate, retainer agreement, letters of administration, and any lien letters, in addition to any other necessary papers.
Any potential evidentiary question, 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 motion in limine.
If a Compromise Order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final Compromise Order.
Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and by emailing a courtesy copy to the Court via email to lstewart@nycourts.gov and bthurman@nycourts.gov at least three (3) business days before the motion date.
All hearings are scheduled by the Court. Prior to scheduling, the Court must receive the proposed order, copies of all relevant medical records, doctor(s) affirmations (current within six months of the scheduled hearing date) and a NYS Medicaid AND NYC Department of Human Resources Lien/No Lien Letter.
- Document
- Infant compromise hearing submission
Must include
- •Proposed order
Marked Pleadings. Prior to trial, counsel shall furnish to the Court marked pleadings pursuant to CPLR § 4012.
If the parties have resolved a motion pursuant to a stipulation, a copy of the stipulation must be filed in the NYSCEF system and a courtesy copy emailed to the Court to lstewart@nycourts.gov and bthurman@nycourts.gov at least three (3) business days before the motion date.
Counsel must premark exhibits in presentation order, provide an exhibit list before trial, number plaintiff exhibits, and letter defendant exhibits.
Court's wording
Exhibits. Counsel shall pre-mark all exhibits in the order which they intend to introduce them at trial. A list of the exhibits shall be provided to the Court prior to trial. Plaintiffs will “number” their exhibits and defendants will “letter” their exhibits.
The stipulation must account for all parties in the caption. If a named party in the caption has not signed the stipulation, the reason for the omission should be stated in the stipulation.
Filing & Service rules
Electronic Filing Rules
The notice of withdrawal must be filed electronically through NYSCEF.
Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and by emailing a courtesy copy to the Court via email to lstewart@nycourts.gov and bthurman@nycourts.gov at least three (3) business days before the motion date.
Page 1 | Motions
The compromise order and supporting documents must be uploaded to NYSCEF, and a word-format courtesy copy must be emailed to both law clerks.
Upload the compromise order and all supporting documents to NYSCEF and email a courtesy copy (in word format) to the Court via email to lstewart@nycourts.gov and bthurman@nycourts.gov.
Page 1 | Death Compromise Orders
A copy of a stipulated motion resolution must be filed electronically in NYSCEF.
If the parties have resolved a motion pursuant to a stipulation, a copy of the stipulation must be filed in the NYSCEF system and a courtesy copy emailed to the Court to lstewart@nycourts.gov and bthurman@nycourts.gov at least three (3) business days before the motion date.
Page 1 | Motions
Filing Timing and Cure Windows
A summary judgment motion must be made within sixty days after filing of the Note of Issue.
Summary judgment motions must be made within sixty (60) days of the filing of the Note of Issue.
Page 1 | Motions
The stipulated resolution must be filed and emailed at least three business days before the motion date.
If the parties have resolved a motion pursuant to a stipulation, a copy of the stipulation must be filed in the NYSCEF system and a courtesy copy emailed to the Court to lstewart@nycourts.gov and bthurman@nycourts.gov at least three (3) business days before the motion date.
Page 1 | Motions
Proposed jury charges and verdict sheets are due no later than the close of plaintiff’s case or on any earlier date set by the Court.
Proposed Jury Charges and Verdict Sheets. All proposed jury charges and proposed verdict sheets shall be submitted to the Court in typed form (in word format) no later than the close of plaintiff's case, or at such earlier date set by the Court.
Page 1 | Trials
If the Court does not send acceptance of the withdrawal request, the parties must appear on the scheduled motion date.
You will receive an email notification from the Court if your request to withdraw the motion is accepted. If you do not receive notification from the Court, the parties must appear on the scheduled motion date.
Page 1 | Motions
The withdrawal notice and courtesy email must be submitted at least three business days before the motion date.
Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and by emailing a courtesy copy to the Court via email to lstewart@nycourts.gov and bthurman@nycourts.gov at least three (3) business days before the motion date.
Page 1 | Motions
If the Court does not notify the parties that the stipulation was accepted, the parties must appear on the scheduled motion date.
You will receive an email notification from the Court if your stipulation is accepted. If you do not receive notification from the Court, the parties must appear on the scheduled motion date.
Page 1 | Motions
Service and Proof of Service Rules
Motion papers must be served on adversaries in compliance with 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
Legally required fees must be paid to the County Clerk before submission.
Fees as required by law must be paid to the County Clerk prior to submission.
Page 1 | Motions
Courtesy Copy Requirements
Upload the compromise order and supporting documents to NYSCEF, and email the Court a courtesy copy in Word format at lstewart@nycourts.gov and bthurman@nycourts.gov.
Upload the compromise order and all supporting documents to NYSCEF and email a courtesy copy (in word format) to the Court via email to lstewart@nycourts.gov and bthurman@nycourts.gov.
Page 1 | Death Compromise Orders
One courtesy copy of the stipulation must be emailed to the judge’s two law clerks.
If the parties have resolved a motion pursuant to a stipulation, a copy of the stipulation must be filed in the NYSCEF system and a courtesy copy emailed to the Court to lstewart@nycourts.gov and bthurman@nycourts.gov at least three (3) business days before the motion date.
Page 1 | Motions
Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and by emailing a courtesy copy to the Court via email to lstewart@nycourts.gov and bthurman@nycourts.gov at least three (3) business days before the motion date.
Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and by emailing a courtesy copy to the Court via email to lstewart@nycourts.gov and bthurman@nycourts.gov at least three (3) business days before the motion date.
Page 1 | Motions
Working copies of motions are not currently required.
Working copies of motions are not required at this time.
Page 1 | Motions
Adjournment & Extension Requirements
Any adjournment beyond the initial permitted adjournment requires an application to the Court showing good cause.
Any further adjournments must be made upon application to the Court for good cause.
Page 1 | Motions
A motion may be adjourned once by party consent or court application, but not by telephone; a stipulated confirmation must be emailed to the judge’s law clerks, and further adjournments require a good-cause application.
Motions may be adjourned once upon consent of the parties or upon application to the Court. No adjournments will be granted via telephone. A confirmation, in stipulation form, is to be emailed to the Judge’s law clerks at lstewart@nycourts.gov and bthurman@nycourts.gov. Any further adjournments must be made upon application to the Court for good cause.
Page 1 | Motions
Chambers Communication Rules
Ex parte communications with Chambers by phone, mail, email, or any other method are prohibited.
Ex-Parte communication with Chambers by phone, mail, email or otherwise is not permitted.
Page 1 | Communication
The parties should not expect the Court to issue any orders for affirmative relief pursuant to an email or letter, as opposed to motion practice.
The parties should not expect the Court to issue any orders for affirmative relief pursuant to an email or letter, as opposed to motion practice.
Page 1 | Miscellaneous
A stipulated email confirmation must be sent to both of the judge’s law clerks.
Motions may be adjourned once upon consent of the parties or upon application to the Court. No adjournments will be granted via telephone. A confirmation, in stipulation form, is to be emailed to the Judge’s law clerks at lstewart@nycourts.gov and bthurman@nycourts.gov. Any further adjournments must be made upon application to the Court for good cause.
Page 1 | Motions
Status inquiries must first be directed to the Motion Support Office and then, if necessary, to the Part Clerk.
All inquiries as to case or calendar status should, in the first instance, be made to the Motion Support Office at (347) 296-1694 and then to the Part Clerk.
Page 1 | Communication