Consuelo Mallafre

Justice Mallafre requires an appearance on the return date of every motion.

ALL MOTIONS REQUIRE AN APPEARANCE ON THE RETURN DATE OF THE MOTION.

Kings County Civil Term motions require appearances and oral argument unless controlling part rules provide otherwise.

All motions require appearances and oral argument.

Video exhibits submitted in the centralized Kings County discovery parts must be delivered on a USB drive with a notice of Hard Copy Exhibit Filing before the return date.

Any video exhibits submitted to the court must be on a USB drive accompanied by the notice of Hard Copy Exhibit Filing prior to the return date.

Justice Mallafre requires proposed orders to be emailed to chambers as Word documents rather than PDFs by the Friday after argument.

Proposed orders SHALL be emailed to Chambers on a word document (not pdf) by the Friday after the motion is argued.

Filed motions, orders, and other papers in Kings County Civil Term must use protruding exhibit tabs, subject to the stated exceptions.

Motions, orders, and other filed papers shall be indexed with protruding tabs.

Summary Jury Trial exhibits and other physical evidence must be premarked and exchanged before trial or may be excluded.

All evidence, trial notebook and exhibits must be exchanged in advance of trial or be excluded

The official Guide to New York Evidence identifies court control over presentation of evidence as a statewide evidence topic; counsel should expect the assigned judge to control the mode and order of proof.

1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCE

In New York Supreme Court and County Court civil cases, the court may require indexed trial exhibit binders, notebooks, or electronic equivalents for the court, counsel, and witnesses.

The court may direct that on the first day of trial or at such other time as the court may set, counsel shall submit an indexed binder or notebook, or the electronic equivalent, of trial exhibits for the court's use.

Civil trial counsel in New York Supreme Court and County Court must confer before trial and attempt to agree on exhibits to be offered without objection, unless the court directs otherwise.

Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection.

A video-conference deposition in a Kings County Civil Term case requires an order from the presiding judge.

To conduct a video conference for a deposition, an order from the judge presiding over your case is required.

Video-conference trial testimony requires advance approval from the trial judge.

To conduct a video conference for a trial testimony, approval must first be obtained from the trial judge.

Live or prerecorded video testimony is permitted in a Kings County Summary Jury Trial.

Video live/pre-recorded testimony permitted

For Commercial Division matters, New York rules encourage Virtual Evidence Courtrooms for managing and presenting trial evidence after authorization by request or court direction.

Virtual Evidence Courtrooms (VECs) may be used to facilitate real-time access to trial exhibits and other relevant documents.

For New York criminal proceedings, virtual and hybrid appearances are governed by Part 200 consent, objection, public-access, and calendar-update requirements.

For all hybrid proceedings, all electronic appearances shall be projected in the physical courtroom in which the in-person portion of the proceeding is taking place in such a manner as to provide a reasonable opportunity for members of the public to view and hear the participants appearing electronically.

Kings County Summary Jury Trials permit innovative jury presentations, including medical records, reports, and PowerPoint.

Innovative method of case presentation to the jury, including direct submission to jury of medical records, reports, power point presentations, etc.

New York statewide rules require permission before photographing, filming, videotaping, audiotaping, broadcasting, or telecasting in court facilities, including courtrooms.

Taking photographs, films or videotapes, or audiotaping, broadcasting or telecasting, in a courthouse including any courtroom, office or hallway thereof, at any time or on any occasion, whether or not the court is in session, is forbidden, unless permission of the Chief Administrator of the Courts or a designee of the Chief Administrator is first obtained