Delsia G. Marshall

Before trial, Justice Marshall requires marked pleadings, the bill of particulars, witness and exhibit lists, proposed jury instructions, and a proposed verdict sheet by email.

All counsel must submit to the court, prior to the commencement of trial, marked pleadings, copies of the bill of particulars, a witness list, exhibit list, proposed jury instructions, in compliance with the most up-to-date version of the PJIs, and a proposed verdict sheet via email.

Justice Marshall prohibits recording virtual proceedings and expects video appearances with cameras and audio engaged.

Every effort should be made to appear via video with cameras and audio engaged. Recording by anyone other than the Judge, Court Reporter, or other Court personnel is PROHIBITED.

Queens Summary Jury Trial rules permit Skype or webcam testimony.

Skype or web-cam testimony shall be 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.

Every matter on the Queens Trial Scheduling Part pretrial calendar is treated as trial-ready, and counsel must be prepared for jury selection or a nonjury trial before assignment to the next available justice.

Every case on the Trial Scheduling Pre-Trial Conference calendar is deemed ready for trial. All parties should be prepared for jury selection, or proceed to non-jury trial.

Queens Trial Scheduling Part pretrial calendar appearances are mandatory and in person.

In-person appearances are mandatory at the call of each calendar.

In a Queens Summary Jury Trial, counsel may use PowerPoint, photographs, diagrams, scale models, overhead projectors, trial notebooks, and other innovative presentation methods, subject to the evidentiary hearing or trial judge.

Counsel may use photographs, diagrams, power point presentations, scale models overhead projectors, trial notebooks, all of which can be submitted to the jury, or any other innovative method of presentation.

Anything intended for the jury as part of the Summary Jury Trial presentation must be exchanged with the trial packet before the evidentiary hearing unless the court orders otherwise.

Anything which is to be submitted to the jury as part of the presentation of the case must be exchanged pursuant to Rule 6 (a) herein unless otherwise ordered.

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

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.