John J. Kelley at a glance
- Current role
- Supreme Court Justice, Medical Malpractice IAS Part 56
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2032
John J. Kelley
Supreme Court Justice, Medical Malpractice IAS Part 56 · New York County Supreme Court
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Biography
Professional career
- 2022–present: Elected Justice, New York Supreme Court, 1st Judicial District
- Acting Justice, New York Supreme Court, New York County, New York, NY, 2018-present
- Justice Kelley has held the role of Acting Justice of the New York County Supreme Court since 2018, appointed by Chief Administrative Judge Lawrence K. Marks
- Judge, Civil Court of the City of New York, New York, NY, 2014-2023
- 2014–2021: Judge, New York County Civil Court (Manhattan)
- 2016–2017: Judge, Kings County Civil Court
- Judge, New York City Family Court, New York, NY, 2014-2016
- 2014–2016: Judge, Bronx County Family Court
- Bureau Intern Coordinator, NYS Office of the Attorney General, NY, 2010-2013
- Assistant Attorney General, NYS Office of the Attorney General, Claims Bureau, NY, 2002-2007
- Justice, New York Justice Court, Livonia, 1993-2002
- Town Justice, Livonia, NY (1993–2002)
- Partner at Jones, Skivington & Kelley (1988–2002)
- pub-def, Livingston County Public Defender, 1992-1993
- Elected Acting Justice of the New York Supreme Court, 1st Judicial District, serving in the Civil Term and specializing in Part 56 (medical malpractice) matters
Education
- George Mason University — J.D. (1987)
- History, Writing — Ithaca College — 1984
Additional information
- Elected in the November 2, 2021 general election to a full term running through December 31, 2035.
- Practitioner, New York Liquidation Bureau, NY, 2007-2010
- Practitioner, Jones, Skivington and Kelley, NY, 1988-2002
- Member, Attorney Grievance Committee, Seventh Judicial District, NY, 1995-2001
- He presides over Part 56 cases — medical malpractice and related insurance disputes — in New York County
John J. Kelley Procedures & Courtroom Rules
Settlement Conference Appearances
Judge Specific
Justice Kelley requires in-person appearances by counsel, the plaintiff, and an authorized insurance representative at the two-hour mediation-style settlement conference.
the court requires in-person appearances not only by the parties’ attorneys, but (i) by the plaintiff himself or herself, (ii) by a representative of the defendant’s insurance carrierJustice Kelley Part 56 Rules ↗
Recording and broadcasting
Statewide
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 obtainedPart 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗
Exhibits
Statewide
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 EVIDENCEGuide to New York Evidence: Article 1, General Provisions and Court's Role ↗
Statewide
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.Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗
Statewide
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.Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗
Remote appearances
Statewide
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.Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits ↗
Statewide
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.Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (50 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Motion practice
a. Disputed issues arising in the course of an action shall not be litigated via letter or email, but only via a properly noticed motion or at a duly scheduled conference, unless the court directs otherwise.
Source page 1Communications with chambers
b. PARTIES SHALL NOT CONTACT CHAMBERS DIRECTLY, INCLUDING THE JUSTICE’S LAW CLERKS, UNLESS DIRECTED TO DO SO. No attorney or unrepresented party shall send letters or emails to the court, unless expressly permitted by these Part Rules or requested by the court, except that attorneys and unrepresented parties may write or email the Part Clerk at SFC-Part56-Clerk@nycourts.gov (i) with respect to scheduling or logistical issues, (ii) to inform the Part Clerk that a motion is being withdrawn or that an action has been settled or discontinued, or (iii) to request a ruling in the course of a deposition. No attorney or unrepresented party shall discuss the merits of their case in emails or telephone calls to the Part Clerk. No attorney or unrepresented party shall request legal advice or guidance from the court, including from the Part Clerk or the Justice’s law clerks. All letters or emails directed to the Part Clerk shall be copied to all other attorneys or unrepresented parties appearing in the action.
Source page 1Communications with chambers
Attorneys or unrepresented parties may telephone the Part Clerk only with respect to scheduling or logistical issues, to inform the Part Clerk that a motion is being withdrawn or that an action has been settled or discontinued, or with respect to requests for rulings at depositions. If either the Justice or a law clerk is available to consider the application for such a deposition ruling, the Part Clerk shall forward the telephone call to the Justice or a law clerk.
Source page 1Communications with chambers
c. No attorney or unrepresented party shall telephone chambers, including the Justice’s law clerks, unless expressly directed to do so.
Source page 2Motion practice
a. Until further notice, all motions shall be submitted and considered on papers only, without oral argument, except motions to be relieved as counsel, which shall be orally argued remotely via the Microsoft Teams conference application.
Source page 2Communications with chambers
Attorneys who seek to move to be relieved as counsel shall, immediately after they serve their motion papers, provide the court with their clients’ contact information, including telephone number and email address, by emailing that information to SFC-Part56-Clerk@nycourts.gov. The court may, however, upon good cause shown, permit oral argument in other matters. Proof of good cause shall include a showing as to why the papers alone are insufficient to apprise or fully explain to the court the nature of the contested issues.
Source page 2Adjournments
b. If the parties stipulate to adjourn the initial return date of a motion initiated by notice of motion, or a special proceeding initiated by notice of petition, they shall upload a signed written stipulation to the NYSCEF system and choose the following designation from the drop-down menu: “stipulation-adjournment of motion-submissions part-rm 130.” If the agreed upon return date is more than 60 days after the initial return date, the judge’s signature shall be required, but the Motion Support Office will forward the uploaded stipulation to the court for signature. There is no need for the parties to submit a separate stipulation directly to the court for signature.
Source page 2Adjournments
If one party seeks an adjournment of a motion or petition, but the other party refuses to stipulate to the adjournment, the party seeking the adjournment may submit a written request to the court by emailing it to SFC-Part56- Clerk@nycourts.gov. If the court approves the request, it shall “so order” the written application or shall issue an interim order adjourning the return date of the motion or petition.
Source page 2Motion practice
c. A motion or special proceeding shall only be initiated by order to show cause where required by statute (see, e.g., CPLR 321[b][2], 5015[a]) or where emergency interim relief is sought. All proposed orders to show cause shall
Source page 2Motion practice
include a provision for the service of responsive papers, with a space reserved for the date of service, which shall be filled in by the court. In accordance with Rule 13(b), section IV, of the Rules of the Justices of the New York County Supreme Court, Civil Branch, no reply papers shall be permitted in connection with motions or special proceedings initiated by order to show cause, except by express permission of the court.
Source page 3Adjournments
a. Stipulations of discontinuance signed by attorneys for all parties and all unrepresented parties in an action shall be uploaded to NYSCEF. Stipulations of discontinuance that are signed by fewer than the attorneys for all parties and all unrepresented parties shall be uploaded to NYSCEF and mailed or emailed to the Part 56 Part Clerk with a request that the court “so order” the stipulation.
Source page 3Filing and working copies
b. Stipulations to amend the caption in an action shall be uploaded to NYSCEF and emailed to the Part Clerk with a request that the court “so order” the stipulation. After the court “so orders” the stipulation, one of the parties, as will be directed by the court in the so-ordered stipulation, shall, within 15 days of the entry of the so-ordered stipulation, serve a copy of the so-ordered stipulation upon the Trial Support Office by uploading it to NYSCEF under the document title “SERVICE ON SUPREME COURT CLERK (GENL CLERK) W/COPY OF ORDER” and shall separately file and upload a second copy of the stipulation along with the notice required by CPLR 8019(c) on a completed Form EF-22 under the document title “NOTICE TO COUNTY CLERK CPLR 8019(C),” whereupon the Trial Support Office and the County Clerk shall amend the court records accordingly.
Source page 3Trial exhibits and witnesses
Parties are cautioned that the failure to serve a copy of the so ordered stipulation upon the Trial Support Office and the County Clerk’s Office, or to upload the notice required by CPLR 8019(c), will leave the caption unamended in the court’s records.
Source page 3Filing and working copies
a. If an attorney or unrepresented party seeks a so-ordered subpoena, the proposed subpoena shall be uploaded to NYSCEF and mailed or emailed to the Part 56 Part Clerk with a request that the court “so order” the subpoena.
Source page 4Filing and working copies
b. If the court signs the subpoena, the signed copy may be uploaded to NYSCEF, and also may be emailed to the attorney or unrepresented party requesting it, or shall be retrieved in the courtroom by that attorney or unrepresented party, as the court directs.
Source page 4Discovery
a. Unless otherwise directed by the court, forms for preliminary conference orders, compliance conference orders, and status conference orders (collectively discovery conference orders) shall be provided by the court to the plaintiff, who shall confer with the defendants, upon which the parties shall agree upon the terms and contents of the order. The plaintiff shall be responsible for filling out the proposed discovery conference order, leaving blank the spaces provided for the next discovery order submission date and note of issue filing deadline, and emailing the completed proposed discovery order to the Part Clerk. The parties shall not upload any proposed discovery conference order to NYSCEF.
Source page 4Discovery
b. If the parties cannot agree to the terms and contents of a discovery conference order, they shall request a conference by contacting the Part Clerk. The Part Clerk shall thereupon schedule a remote conference on the first available date and provide the parties with a link to access the remote conference. When the parties are directed by the court to submit a preliminary conference order, compliance conference order, or status conference order by a date certain, they shall adhere to the submission date directed by the court or shall request the Part Clerk to extend the submission deadline.
Source page 4Conferences and appearances
c. If the court directs the parties to submit a proposed preliminary conference order, it shall not be an objection to the preparation and submission of such order that the plaintiff has yet to serve a bill of particulars. If that is the case, the preliminary conference order shall specify a deadline for the service of the bill of particulars.
Source page 4Communications with chambers
d. Discovery disputes shall not be litigated via telephone, letters, or email, except in the case of requests for rulings in the course of depositions. Rather, such disputes shall be resolved via a remote conference or a properly noticed
Source page 4Motion practice
motion. In connection with discovery motions, attorneys shall familiarize themselves with the provisions of 22 NYCRR 202.8(f) and 22 NYCRR 202.20-f(b), to which the court strictly shall adhere. Participation in a remote conference at which a disputed issue has been discussed will be deemed to constitute compliance with 22 NYCRR 202.20-f(b).
Source page 5Discovery
e. If the parties initially cannot agree with respect to an item or items of discovery, and schedule a remote conference with the court to discuss that item or items, but resolve the dispute or disagreement prior to the conference date, they shall contact the Part Clerk and cancel the conference.
Source page 5Discovery
f. Requests for rulings in the course of depositions shall be made as set forth in Paragraph I(b), above.
Source page 5Conferences and appearances
a. After receiving a link from the Part 56 Part Clerk to access the Microsoft Teams Remote Conference Application for a particular conference, the parties are encouraged to test their computer link, video and audio connections, and peripheral equipment at least 30 minutes prior to that scheduled conference to insure that there will be no technical difficulties that could delay or unnecessarily extend the length of the conference.
Source page 5Motion practice
a. If the court issues an order denying a summary judgment motion in whole or in part, it will schedule an initial in-person settlement conference with the parties for a date shortly thereafter, usually within one or two weeks after the entry of that order. In cases where the plaintiff has filed a note of issue, and no defendant has moved to strike the note of issue within 20 days thereafter, and no party has moved for summary judgment within 60 days thereafter, the plaintiff shall, within 10 days of the lapse of that 60-day period, notify the Part 56 Part Clerk that the note of issue has been filed, upon which the court will schedule an initial in-person settlement conference with the parties for a date shortly thereafter, usually within one or two weeks after that notification.
Source page 5Conferences and appearances
b. At the initial pretrial settlement conference, which usually is of 30 minutes duration, the plaintiff shall be prepared to make a formal demand, the parties shall be prepared to schedule a future, two-hour mediation-style settlement conference for a date prior to the commencement of jury selection, and the parties shall be prepared to select a firm date for the commencement of jury selection, which the court will thereupon schedule. The two-hour mediation-
Source page 5Conferences and appearances
style settlement conference shall be scheduled for a date that will allow the defendant to present the case to whatever insurance company, hospital, or healthcare facility panel that needs to review the demand and the claim to be able to formulate a settlement posture.
Source page 6Conferences and appearances
c. Prior to the two-hour mediation-style settlement conference, the parties shall submit, to the Part 56 Part Clerk, a short written statement of the facts underlying the action, and all parties shall inform the court of their estimation of the full value of the action if liability is proven, with citations to appellate precedent determining the fair and reasonable value of the injuries claimed by the plaintiff, without set-offs for comparative fault or collateral sources.
Source page 6Conferences and appearances
d. In the case of an unrepresented party, the court will not speak separately to the plaintiff and the defendants in the course of a settlement conference.
Source page 6Conferences and appearances
e. At the two-hour, mediation-style settlement conference, the court requires in- person appearances not only by the parties’ attorneys, but (i) by the plaintiff himself or herself, (ii) by a representative of the defendant’s insurance carrier or, in the case of a self-insured defendant, by a person authorized by that defendant to negotiate and settle the action, and, (iii) if consent from an individual defendant is required by the relevant insurance policy before a claim may be settled, and that defendant has withheld consent, by that defendant himself or herself.
Source page 6Conferences and appearances
b. The attorneys who appear at the conference must be knowledgeable of the case and must have authority to enter binding stipulations.
Source page 6Conferences and appearances
c. At any such trial conference, counsel shall bring with them all written documents and items of demonstrative evidence that they wish to introduce into evidence at trial, and a court reporter shall be present to mark stipulated
Source page 6Conferences and appearances
items into evidence and shall mark, for identification, items as to which there is no stipulation. At this conference, counsel for the parties shall alert the court
Source page 7Motion practice
d. Counsel shall submit motions in limine and trial memoranda in writing to the court as directed but, in any event, not later than the first day of jury selection. Motions in limine shall not be uploaded to NYSCEF, but emailed directly to the Justice’s law clerks.
Source page 7Trial exhibits and witnesses
e. Witnesses. Counsel shall provide to the court a list of potential witnesses in order in which they intend to call them at trial, including expert witnesses. Request for a missing witness charge should be made at this time.
Source page 7Trial exhibits and witnesses
a. Unless otherwise directed by the Court, all attorneys must be present in court by 9:15 A.M. The morning session will run from 9:30 A.M.to approximately 12:55 P.M. Lunch will be from 1 P.M. to 2 P.M. Counsel must return to the courtroom by 2:05 P.M. The afternoon session will run from 2:15 P.M. to approximately 4:30 P.M. Because of the unique nature of the building at 71 Thomas St., no one is permitted to remain on the floor during the lunch hour. The Court requires the party who is presenting their case to have witnesses available to testify for the morning and afternoon sessions of each day. The Court also may direct other parties to produce their witnesses out-of-turn.
Source page 7Trial exhibits and witnesses
b. Exhibits. Counsel shall pre-mark all exhibits in the order in which they intend to introduce them at trial. Plaintiffs will number their exhibits; defendants will
Source page 7Discovery
e. Depositions. A copy of deposition transcripts intended to be used at trial should be made available for the Court’s reference as needed. The deposition transcript should be marked as to all objections that counsel intends to make to deposition questions or answers.
Source page 8Communications with chambers
f. The Court may require representatives of insurance carriers, or other persons having an interest in any settlement, to appear in Court or to be available by telephone, as the Court deems appropriate. Failure of such person to appear pursuant to an Order, whether in writing or on the record, may be required to show cause why they should not be held in contempt, and also may be subject to sanctions, as set forth in Part 130 and CPLR Section 3126.
Source page 8Trial exhibits and witnesses
i. The parties shall submit proposed verdict sheets and requests to charge (subject to amendment), citing the PJI sections, preferably before the commencement of trial, but not later than the start of the second day.
Source page 8Conferences and appearances
ii. All proposed jury charges and proposed verdict sheets shall be emailed to the Court (lagoldbe@nycourts.gov and hbarry@nycourts.gov) in an editable MS Word (.doc or .docx) format. Amendments thereto shall be permitted at the final charge conference. Counsel will be given the opportunity to make any objection or take any exception, on the record, to the court’s ruling on the final jury charges and verdict sheet.
Source page 8Trial exhibits and witnesses
iii. If counsel relies on a Pattern Jury Instruction [PJI] without change, it should be referred to by PJI number and topic, only. If any changes to the PJI are suggested, counsel must submit the full text with all changes red-lined in Word format by email to the Justice’s law clerks. Citations to appropriate statutory or common law authority shall be given in support of suggested non-PJI jury charges or suggested PJI
Source page 8Conferences and appearances
iv. Unless a marshaling of the evidence is waived, counsel should be prepared, at the final charge conference, to provide the court with the proposed facts that counsel believes are supported by the record.
Source page 9Trial exhibits and witnesses
h. Trial Objections and Arguments: Speaking objections, except to the extent permitted below, are not permitted in the presence of the jury. To make a trial objection, counsel should stand and saying the word “objection,” and, only if it is possible without suggesting a response to the witness, counsel also may briefly state the grounds for the objection. If further argument is required, counsel should ask permission to approach the bench. Exceptions to trial rulings are not necessary, nor are they permitted. Upon request, counsel always will be given the opportunity to make a full record outside of the jury’s presence. To preserve the record, counsel must make timely objections, including during opening and closing arguments.
Source page 9Trial exhibits and witnesses
j. All witnesses should be instructed, prior to being called to the witness stand, that they may make no mention of insurance during their testimony, whether on direct or cross-examination.
Source page 9Trial exhibits and witnesses
k. Adverse Witnesses: If an adverse witness is called on a party’s case-in-chief, such as the plaintiff calling a defense witness, then the defendant (in the example) shall elect to examine that witness either on cross-examination or recalling the witness on its case-in-chief, not both. In either case, leading questions of the attorney’s client, employee, or former employee shall not be permitted unless they are deemed hostile.
Source page 9Trial exhibits and witnesses
l. Cross Examination: Prior to taking the stand, witnesses should be advised that cross-examination questions calling for a yes or no answer should be answered accordingly, and the witness also may respond that he/she cannot answer the question with a yes or no.
Source page 9Communications with chambers
m. Courtroom Acoustics. Counsel and the parties should be aware that the jury room is not soundproof. Any matters to be addressed outside of the jury’s presence should be raised at the bench or in chambers.
Source page 10Conferences and appearances
o. For nonjury trials, the parties shall submit proposed findings of facts and conclusions of law within 10 calendar days of the close of the record, unless otherwise directed by the court.
Source page 10Trial exhibits and witnesses
p. Counsel must retrieve their trial exhibits within seven days of the trial’s conclusion. Any exhibit left with the court for more than fourteen days is subject to destruction without any further notice.
Source page 10Filing and working copies
a. If an attorney learns that his or her client has died, the attorney shall forthwith notify the Part Clerk of the client’s death and the date of death, if known, and upload a death certificate to NYSCEF when available. If an attorney learns that an adversary of his or her client has died, and has yet to be informed of that fact by the adversary’s attorney, that attorney shall forthwith notify his or her adversary’s attorney and the Part Clerk thereof, and provide the Part Clerk with the date of death, if known.
Source page 10Shared court rules
22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction
New York County Supreme Court
State criminal proceedings only; section-specific court and case exceptions remain applicable.
Official source ↗ · Collected 2026-10-2722 NYCRR Part 202 — Uniform Civil Rules Supreme Court And County Court
New York County Supreme Court
Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.
Official source ↗ · Collected 2026-10-27New York County Supreme Court, Civil Branch — Rules of the Justices
New York County Supreme Court
Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.
Official source ↗ · Collected 2026-10-27Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
New York County Supreme Court
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
New York County Supreme Court
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Sources
Identity source checked July 28, 2026.
Biography sources checked August 2, 2026.
New York State Unified Court System Judicial Directory official judicial roster
Identity source · HTML · Source checked July 28, 2026
View New York State Unified Court System Judicial Directory official judicial roster ↗CourtListener judicial biographical directory
Identity source · HTML · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗Justice Kelley Part 56 Rules
Judge Specific source · PDF · Source checked July 28, 2026
View Justice Kelley Part 56 Rules ↗Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Statewide source · HTML · Source checked July 26, 2026
View Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗Guide to New York Evidence: Article 1, General Provisions and Court's Role
Statewide source · HTML · Source checked July 26, 2026
View Guide to New York Evidence: Article 1, General Provisions and Court's Role ↗Part 202: Uniform Civil Rules for the Supreme Court and the County Court
Statewide source · HTML · Source checked July 26, 2026
View Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits
Statewide source · HTML · Source checked July 26, 2026
View Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits ↗Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction
Statewide source · HTML · Source checked July 26, 2026
View Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction ↗