Wayne M. Ozzi

Justice Ozzi requires pre-marked exhibits and an exhibit list before trial; hospital records must be date-stamped.

Counsel shall pre-mark all exhibits in the order in which they intend to introduce them at trial, and a list of the exhibits shall be provided to the Court prior to trial. All hospital records must be date stamped.

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.

Justice Ozzi requires an ordered witness list with expert information, deposition copies intended for use, and emailed proposed jury charges and verdict sheets before preliminary instructions.

Prior to trial, counsel shall provide the Court with a list of potential witnesses in the order in which they intend to call them, including expert witnesses, their expertise, and a summary of expected trial testimony.

Richmond County bifurcates personal-injury trials, except medical-malpractice matters or cases otherwise ordered by the court, and ordinarily uses the same jury for liability and damages.

All personal injury matters except medical malpractice and any matter otherwise ordered by the Court, shall be bifurcated. The same jury will sit for the liability and damages portion of the case, if possible.

Richmond County requires White's method during jury selection.

White’s method shall be employed by all parties during jury selection.

After discovery certification and the pretrial process, Richmond County may send a case to immediate jury selection and trial if settlement negotiations are not conducted expeditiously in good faith.

The court has the discretion to send the case for immediate jury selection and trial; and will do so if settlement negotiations are not expeditiously conducted in good faith.

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

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.