The New York State Academy of Trial Lawyers ("NYSATL") recently hosted a CLE “All things Kings: Brooklyn Courts Update and Open Forum with Judge Knipel.”

ZR Per Diem is a proud sponsor of NYSATL and attended the CLE to report back to you.

There are a number of important updates from the court: 

JCP

• Honorable Pam Fisher is newly appointed, in addition to two other judges conferencing cases
• There is no ironclad schedule, however, the two other judges will conference cases after summary judgment motions are resolved
• There will be no cases priority to be sent out unless special preference is given by the Judge based on circumstances
• Med Mal Part Judge is sending cases to JCP before trial
• Judge availability is given to JCP so that JCP knows availability to send out
• ADR is mandatory to be sent out
• Pick and Pass jury selection is likely making a return
• Order to Show Casues filed in Part 72 but will likely go to JCP
• Strict on trial dates by design as Judges have been assigned and time blocked

Motions

• Discovery (General) all go to CCP
  • Requests should be submitted to the clerk of the part
• CCP is starting to reopen for compliance conferences by request only
• CCP Clerk in charge of part
• Albert Cruz (347-296-1626)
• Judge's now have to give Judge Knipel a reason in writing why they will administratively adjourn motions more than 30 days
• All Judges required to complete at least one day a week in person motions, virtual is at their discretion.
• Judge Knipel advises that still 60 days from fully submitted should the parties receive a decision
  • Again, last resort write a letter to him
• Judge Knipel is reviewing numbers constantly working on backlog.
• Advancing motions with long adjournments process
• Speak with the presiding Judge
• If nothing, Judge Knipel advises you may contact him.
• The recent changes made advise Judge’s not to administratively adjourn for long periods of time

Labor Law Part

• All cases will stay in the part from beginning to end
• Judge Cohen is the newly appointed to the part
• All discovery, motion practice, and conferences will occur before Judge Cohen
• Trial cases will go to JCP once ready for trial

General Q&A Session

• Foreclosures-SJ motions pending a year with no decision, how can we get it moving?
  • Recommend e-filing and emailing the part
  • Again, last resort write a letter to him
• There are judges that have motions at 320 Jay & 360 Adams on some days?
  • Judge Knipel is looking into why there may be crossover-as there should not be on the same day.
  • 320 Jay motions should be heard on Tuesdays
  • 360 Adams motions should be heard on Wednesdays
  • Judge Malow is moving motion calendar to Friday at 320 Jay
• Does Judge Knipel have a relationship with the surrogates court?
  • There is no relationship, as Surrogates Courts in NYC are not under the administrative judge umbrella
  • OTSC’s
    • There is no special process regardless of where case is-all goes to the same part
    • If filed and sits without being signed within a day or two - that’s an issue and there may be a filing error
• Virtual Conferences
  • Judge Knipel leaves the discretion of the Judge’s to use virtual appearances
  • It is noted that volume is easier in person while virtual is slower
  • Again, at least one day per week MUST be in person
• Foreclosures
  • The Court is seeing a dramatic decline in the number of foreclosure cases

We participated in the event with the intention of providing you with the most recent legal advancements. We trust that you found value in our summary of the insights shared by Judge Knipel.

We participated in the event with the intention of providing you with the most recent legal advancements. We trust that you found value in our summary of the insights shared by Judge Knipel.