Preview
FILED: ONONDAGA COUNTY CLERK 03/15/2023 11:51 AM INDEX NO. 008550/2020
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/15/2023
SUPREME COURT CHAMBERS
ONONDAGA COUNTY COURTHOUSE
401 MONTGOMERY STREET, ROOM 401
SYRACUSE, NEW YORK 13202
Telephone: (315 ) 671-1131
Fax: (315) 671-1189
Hon. Rory A. McMahon Frances A. Grimaldi, Esq.
Supreme Cou rt Justice Principa I Law Clerk
Janet M. Lasalle
Secretary to J udge
Via NYSCEF
March 15, 2023
Michael Porter. Esq.
Porter Law Group. LLP
Mark Dunn, Esq.
Zack Vanorman, Esq.
Martin, Ganotis, Brown, Mould & Currie, P.C
Re: 008550/2020 Patricia Ross et dl v. Paul Reznikov, M.D, et al
Dear Counselors:
'lhe Jury Trial in this action is scheduled to begin on Monday, June 26,2023, at the
Onondaga County Courthouse at 401 Montgomery Street in Syracuse, New York. Jury selection
will begin the Thursday before, on Jtne 22,2023 and may run into Friday June 23,,2023.
Please be ready to proceed in the event we are able to seat a jury on Thursday. It is the
understanding of the Court that all parties and witnesses, including experls, if any, will be
available.
Trial Exhibits and Subnoenaed Records
Counsel shall submit physical copies of 4!!g[!i!g that will be entered at trial to the Court at no
later than Friday, June 16,2023 with a copy to opposing counsel. The admissibility ofall exhibits
will be ruled upon during the Final Pretrial Conference. Ifsubpoenaed documents will be needed,
proposed judicial subpoenas shall be sent electronically to Chambers on or before Friday, June
2,2023.
Motions in Limine
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Motions in limine . ilany. must be filed no later than Friday, June 9,2023. lWritten opposition to
motions izl limine, if any , should be filed no later than Friday, .Iune I6, 2023. These motions are
generally returnable the monring oftrial. Should counsel require a decision prior to the morning
oftrial, a request in writing, on notice to opposing counsel. shall be made to chambers as soon as
practicable.
Trial Submissions
No later than Friday, June 9,2023,lcounsel for each party shall submit physical copies with a
copy to opposing counsel, the following:
a- Bills of particulars and expert witness disclosures;
b. Any trial memoranda or briefs; and
c. Proposed jury charges and special verdict sheets in Word compatible format.
Proposed jury charges must include the PJI section number, and the title of the
charge. If there is no applicable PJI charge. or if counsel is requesting a deviation
fiom the language in the PJI, then counsel must provide the text of the proposed
charge, with citations to the relevant legal authority.
Pre-Trial Confcrence
On June 1,2023, at 9:30 a.m. the Court will hold a conference with counsel fbr the parties to
discuss trial logistics. This conference will be held in person, at the assigned Trial Part in the
Onondaga County Courthouse. Pursuant to 22 NYCRR $ 202.1(0, counsel who appear before the
Court must be familiar with the case u,ith regard to which they appear and be fully prepared and
authorized to discuss and resolve the issues which are scheduled to be the subject of the
appearance. Pursuant to 22 NYCRR $ 202.26(e), a representative ofthe insurance carrier or any
other entity having an interest in any settlement, including those holding liens on any settlemenl
or verdict, shall attend the Pre-Trial Conference or shall be available by telephone at that time
Court Rules
Copies ofthe Jury Trial Procedures (5th Judiciat district) and the General Rules for Jury Selection
for the Hon. Rory A. McMahon, J.S.C. are enclosed. Specifics can be discussed at the pre-trial
conference-
1
Judge McMahon's rule differs from that found in the General Rules for Jury Trials in Onondaga County Supreme
Court
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Settlement
Pursuant to 22 NYCRR $ 202.28 of the Rules of the Chief Administrator, counsel is directed to
promptly notiry this Court in writing if this action is discontinued, wholly or partially settled by
stipulation pursuant to CPLR 2104, or if a party has died or become a debtor in bankruptcy.
Sincerely.
Stephanie LaMott
Court Clerk to
Hon. Rory A. McMahon, J.S.C
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GENERAL RULES FOR JURY SELECTION
HONORABLE RORY A. McMAHON, J.S.C.
The Court uses a modified "Strike and Replace" method of jury selection as
fo llows
1. Counsel for the Plaintiff may make an opening statement of no more than five
(5) minutes,describing the case and Plaintiffs contentions to the entire jury pool. Counsel
for the Defendant(s) may likewise make an opening statement, also of no more than five
(5) minutes,
2. Jury selection shall take place in rounds with each round to consist of the
following:
(a) seating of prospective jurors in the jury box; (b) questioning of all seated
prospective jurors by Counsel (including the removal of jurors for cause); and
(c)removal of seated prospective jurors upon the exercise of challenges.
3. ln each round
a. The questioning of prospective jurors shall be conducted first by Counsel for
the Plaintiff ,followed by Counsel for the remaining parties in the order in which their
names appear in the caption. Counsel will be permitted limited follow-up questions.
b. Plaintiffs Counsel shall not take more than sixty (60) minutes questioning the
first panel of fourteen (14) prospective jurors, and Defendants' Counsel shall not
cumulatively take more than sixty (60) minutes questioning the first panel. Questioning of
subsequent panels shall take no more than thirty (30) minutes for each side.
c. Within each round, challenges for cause shall be exercised as soon as the
reason becomes apparent. lf a successful challenge for cause occurs while Plalntiffs
Counsel is examining the prospective jurors, that prospective juror will be excused and
immediately replaced. Plaintiffs Counsel will then continue questioning the replacement
juror as well as the balance of the prospective jurors in the jury box.
d. When Plaintiffs Counsel finishes examining all of the prospective jurors,
Defendants' Counsel will have a similar opportunity to examine all of the prospective
jurors, lf a successful challenge for cause occurs while a Defendant's Counsel is
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examining the prospective jurors, that prospective juror will be excused and immediately
replaced, That Defendant's Counsel will then continue questioning the replacement
juror, as well as the balance of the prospective jurors in the jury box.
e. After Counsel for all other Defendants have examined all of the prospective
jurors, Counsel for Plaintiff will have a brief opportunity to examine any replacement
prospective jurors seated during questioning by Defendants' Counsel.
f. After all of the attorneys have examined all of the prospective jurors seated in
the jury box, if for any reason there are additional challenges for cause, they shall be
exercised at that time. lf all attorneys do not agree that a challenge is for cause, they will
be directed to appear in Chambers for a ruling.
g. After all prospective jurors in the jury box have been questioned, and all
challenges for cause have been made, Counsel for each party shall then exercise their
allowable peremptory challenges outside the presence of the prospective jury panel as
follows:
i. Beginning with prospective juror number one, Counsel for Plaintiff will
either exercise or waive a peremptory challenge to that juror. Counsel for
Defendants will then either exercise or waive a peremptory challenge to
that juror, in the order in which their names appear in the caption. lf no
peremptory challenge is exercised, that juror will be seated, and cannot
later be removed by peremptory challenge.
ii. The process shall continue with each prospective juror in the order in
which they were seated in the jury box. Counsel for Plaintiff and Counsel
for Defendant will alternate first exercising or waiving a peremptory
challenge to subsequent jurors. Each subsequent prospective juror will be
removed or seated pursuant to subsection (1.) in the order in which they
are seated in the jury box.
iii. ln cases with multiple Plaintiffs and/or Defendants, peremptory
challenges shall be exercised by Counsel in the order in which the parties'
names appear in the caption, unless following that order would, in the
discretion of the Court, unduly favor a side. Upon application, the Court
after consulting with Counsel, will specify the order in which the peremptory
challenges shall be exercised in a manner that balances the interests of all
parties.
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h. The challenged prospective jurors will then be excused, and the remaining
prospective jurors will slide over into the seats vacated by the excused prospective jurors
(for example, if the prospective .juror in seat 2 is excused, then the juror in seat 3 will
move into seat 2, the juror in seat 4 will move into seat 3, and so on).
i. Once Counsel has either exercised or waived their peremptory challenges for all
prospective jurors in the jury box, if additional jurors are needed, then replacement
prospective jurors will be selected to occupy any vacated seats until there are, once
again, twelve ('12) prospective jurors in the jury box. The next round of questioning of the
prospective jurors shall then begin.
j. Plaintiffs Counsel will examine the replacement prospective jurors in the panel.
followed by examination by Defendants'Counsel, These examinations shall be limited to
thirly (30) minutes.
k. After all Counsel have examined the replacement prospective jurors, the
second round of peremptory challenges shall be conducted in accordance with
subsection (9.) above.
l. This procedure will continue until a satisfactory jury is obtained.
4. lf all Counsel agree to the use of undesignated alternates, six (6) jurors plus
the agreed upon number of alternates shall be selected using the method set forth
above. Plaintiffs and Defendants shall each, collectively, have a total of four (4)
peremptory challenges to exercise, which includes one for alternates, unless ordered
otheruvise by the Court.
5. lf all Counsel do not agree to use undesignated alternates, the first six (6)
seated jurors shall constitute the jury panel. Plaintiffs and Defendants shall each,
collectively, have a total of three (3) peremptory challenges to exercise during the
selection of the jury panel. The remaining prospective jurors shall constitute the
prospective alternate jurors' panel, and the round of peremptory challenges to the
prospective alternate jurors shall be conducted in accordance with section (3)(9.) above
Plaintiffs and Defendants shall each, collectively, have a total of one (1) peremptory
challenge to exercise during the selection of the alternate jurors' panel.
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GENERAL RULES FOR JURY TRIALS IN
ONONDAGA COUNTY SUPREME COURT
THE FOLLOWITVG RULES APPLY TO ALL JURY TRIALS IN ONONDAGA COUNTY
SUPREME COURT (EXCLUDTNG MATRIMONAL TRTALS) UTVLESS OTHERWSE ORDERED
BY THE IAS JUSTICE
NOTE: lf the IAS Justice requires paper copies of e-filed documents, then you must
provide those to fhe /AS Justice within one business day of the time they are
e-filed.
'1. Final Pre-trial Conference
The IAS Justice will hold a final pre{rial conference on or before the trial date. Counsel must be
prepared to discuss settlement, witness and exhibit lists, scheduling of witnesses. identity of expert
witnesses, voir dire, proposed jury charges, special verdict sheet, motions in limine, EBf
transcripts, videotaped testimony, stipulations and courtroom assignment. lf an attorney does not
have settlement authority, then his/her client and/or insurance adjuster must be personally present
at the pretrial conference.
2. Trial Hours
Generally, the trial will be conducted between 9:00 a.m. and 4:00 p.m. each day, with an hour and
fifteen-minute break for lunch. The starting time of the trial may be delayed on the IAS Justice's
motion day.
3. Motions in Limine
It/otions rn /imine must be filed and served at least twenty-eight (28) days prior to the trial date.
Opposing papers, if any, must be filed and served at least fourteen (14) days prior to the trial
date. Motions in limine are to be made returnable seven (7) days prior to the trial date.
4. Proposed Jury Charqes and Special Verdict Sheets
Proposed jury charges and special verdict sheets must be filed and served at least one week prior
to the trial date. These items must be submitted in electronic form, and in paper, if required by the
IAS Justice. The courts in Onondaga County have Microsoft Word software and the electronic
copy must be compatible with that software. Proposed jury charges must include the PJI section
number and title of the charge. lf there is no applicable PJI charge, or if counsel is requesting a
deviation from the PJl, then counsel must provide the text of the proposed charge with citations to
relevant legal authority and a highlighted copy of all referenced authority. Counsel need not
request PJI charges 1;1 through 1:14 and 1 :20 through 1 :32 because these form part of the Court's
"boiler plate" charge. Additionally, PJI charges 1:90 (expert witness); and 1:94 (use of pre{rial
deposition upon trial) will be charged when applicable, and these charges need not be requested.
I{evised li202l
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5. Exhibits
A list of all exhibits, except those exhibits to be used solely for credibility or rebuttal, must be
filed and served at least one week prior to the trial date. The exhibit list must include a brief
description of each exhibit. Counsel shall consult in good faith to agree upon the exhibits that
will be offered into evidence without objection. The exhibits are to be marked immediately
following the final pre{rial conference and prior to commencement of trial, subject to the
availability of the assigned court reporter. Plaintiff's exhibits shall be marked with numbers and
defendant's exhibits shall be marked with letters.
6. Use of EBT Transcripts and Videotaped Testimonv
lf counsel intends to read EBT testimony into evidence, then at least one week prior to trial
counsel must provide opposing counsel and the IAS Justice with a copy of the portions of the
testrmony counsel intends to proffer. ln addition, prior to the final pre-trial conference counsel
must attempt to reach agreement with oppos ng counsel about the admissibility of that
testimony. For those portions of the testimony upon which agreement is not reached, at least
one full business day prior to the final pre-trial conference, the party opposing admissibility
must provide the IAS Justice with a written memorandum setting forth the legal basis for his/her
objections, with citations to authority.
lf counsel intends to use videotaped testimony, then at least one week prior to trial counsel
must provide opposing counsel and the IAS Justice with a copy of the videotape accompanied
by a written transcript of the testimony counsel intends to proffer. ln addition, prior to the final
pre{rial conference, counsel must attempt to reach agreement with opposing counsel about the
admissibility of that testimony. For those portions of the testimony upon which agreement is not
reached, at least one full business day prior to the final pre{rial conference the party opposing
admissibility must provide the IAS Justice with a written memorandum setting forth the legal
basis for his/her objections, with citations to authority.
7 Stipulations
Be prepared to discuss possible stipulations at the final pre{rial conference
8 Date Certain and Schedulinq of Witnesses Durinq Trial
The trial date is a date certain. Trial adjournments will be granted ONLY upon good
cause shown. Once the trial is commenced, it will proceed, without interruption, until a
verdict is rendered. The Court will not inconvenience jurors by delaying the trial to
accommodate witnesses. However, the Court will allow witnesses to testrfy out of order,
as necessary.
9. lnteroreters and other Special Trial Needs
At the earliest possible time, but no later than three weeks before the trial date, counsel must
advise the Court if they need an interpreter or any other special trial accommodations.
THESE ARE THE GENERAL RULES FOR JURY TRIALS IN ONONDAGA COUNTY SUPREME COURT. PRIOR TO
TRIAL COUNSEL MUST CONSULT WITH CHAMBERS OF THE IAS JUSTICE TO DETERMINE WHETHER S/HE
HAS ANY SPECIAL TRIAL RULES.
Reviscd 112021
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FILED: ONONDAGA COUNTY CLERK 03/15/2023 11:51 AM INDEX NO. 008550/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/15/2023 SUPREME COURT CHAMBERS ONONDAGA COUNTY COURTHOUSE 401 MONTGOMERY STREET, ROOM 401 SYRACUSE, NEW YORK 13202 Telephone: (315 ) 671-1131 Fax: (315) 671-1189 Hon. Rory A. McMahon Frances A. Grimaldi, Esq. Supreme Cou rt Justice Principa I Law Clerk Janet M. Lasalle Secretary to J udge Via NYSCEF March 15, 2023 Michael Porter. Esq. Porter Law Group. LLP Mark Dunn, Esq. Zack Vanorman, Esq. Martin, Ganotis, Brown, Mould & Currie, P.C Re: 008550/2020 Patricia Ross et dl v. Paul Reznikov, M.D, et al Dear Counselors: 'lhe Jury Trial in this action is scheduled to begin on Monday, June 26,2023, at the Onondaga County Courthouse at 401 Montgomery Street in Syracuse, New York. Jury selection will begin the Thursday before, on Jtne 22,2023 and may run into Friday June 23,,2023. Please be ready to proceed in the event we are able to seat a jury on Thursday. It is the understanding of the Court that all parties and witnesses, including experls, if any, will be available. Trial Exhibits and Subnoenaed Records Counsel shall submit physical copies of 4!!g[!i!g that will be entered at trial to the Court at no later than Friday, June 16,2023 with a copy to opposing counsel. The admissibility ofall exhibits will be ruled upon during the Final Pretrial Conference. Ifsubpoenaed documents will be needed, proposed judicial subpoenas shall be sent electronically to Chambers on or before Friday, June 2,2023. Motions in Limine 1 of 8 FILED: ONONDAGA COUNTY CLERK 03/15/2023 11:51 AM INDEX NO. 008550/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/15/2023 Motions in limine . ilany. must be filed no later than Friday, June 9,2023. lWritten opposition to motions izl limine, if any , should be filed no later than Friday, .Iune I6, 2023. These motions are generally returnable the monring oftrial. Should counsel require a decision prior to the morning oftrial, a request in writing, on notice to opposing counsel. shall be made to chambers as soon as practicable. Trial Submissions No later than Friday, June 9,2023,lcounsel for each party shall submit physical copies with a copy to opposing counsel, the following: a- Bills of particulars and expert witness disclosures; b. Any trial memoranda or briefs; and c. Proposed jury charges and special verdict sheets in Word compatible format. Proposed jury charges must include the PJI section number, and the title of the charge. If there is no applicable PJI charge. or if counsel is requesting a deviation fiom the language in the PJI, then counsel must provide the text of the proposed charge, with citations to the relevant legal authority. Pre-Trial Confcrence On June 1,2023, at 9:30 a.m. the Court will hold a conference with counsel fbr the parties to discuss trial logistics. This conference will be held in person, at the assigned Trial Part in the Onondaga County Courthouse. Pursuant to 22 NYCRR $ 202.1(0, counsel who appear before the Court must be familiar with the case u,ith regard to which they appear and be fully prepared and authorized to discuss and resolve the issues which are scheduled to be the subject of the appearance. Pursuant to 22 NYCRR $ 202.26(e), a representative ofthe insurance carrier or any other entity having an interest in any settlement, including those holding liens on any settlemenl or verdict, shall attend the Pre-Trial Conference or shall be available by telephone at that time Court Rules Copies ofthe Jury Trial Procedures (5th Judiciat district) and the General Rules for Jury Selection for the Hon. Rory A. McMahon, J.S.C. are enclosed. Specifics can be discussed at the pre-trial conference- 1 Judge McMahon's rule differs from that found in the General Rules for Jury Trials in Onondaga County Supreme Court 2 of 8 FILED: ONONDAGA COUNTY CLERK 03/15/2023 11:51 AM INDEX NO. 008550/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/15/2023 Settlement Pursuant to 22 NYCRR $ 202.28 of the Rules of the Chief Administrator, counsel is directed to promptly notiry this Court in writing if this action is discontinued, wholly or partially settled by stipulation pursuant to CPLR 2104, or if a party has died or become a debtor in bankruptcy. Sincerely. Stephanie LaMott Court Clerk to Hon. Rory A. McMahon, J.S.C 3 of 8 FILED: ONONDAGA COUNTY CLERK 03/15/2023 11:51 AM INDEX NO. 008550/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/15/2023 GENERAL RULES FOR JURY SELECTION HONORABLE RORY A. McMAHON, J.S.C. The Court uses a modified "Strike and Replace" method of jury selection as fo llows 1. Counsel for the Plaintiff may make an opening statement of no more than five (5) minutes,describing the case and Plaintiffs contentions to the entire jury pool. Counsel for the Defendant(s) may likewise make an opening statement, also of no more than five (5) minutes, 2. Jury selection shall take place in rounds with each round to consist of the following: (a) seating of prospective jurors in the jury box; (b) questioning of all seated prospective jurors by Counsel (including the removal of jurors for cause); and (c)removal of seated prospective jurors upon the exercise of challenges. 3. ln each round a. The questioning of prospective jurors shall be conducted first by Counsel for the Plaintiff ,followed by Counsel for the remaining parties in the order in which their names appear in the caption. Counsel will be permitted limited follow-up questions. b. Plaintiffs Counsel shall not take more than sixty (60) minutes questioning the first panel of fourteen (14) prospective jurors, and Defendants' Counsel shall not cumulatively take more than sixty (60) minutes questioning the first panel. Questioning of subsequent panels shall take no more than thirty (30) minutes for each side. c. Within each round, challenges for cause shall be exercised as soon as the reason becomes apparent. lf a successful challenge for cause occurs while Plalntiffs Counsel is examining the prospective jurors, that prospective juror will be excused and immediately replaced. Plaintiffs Counsel will then continue questioning the replacement juror as well as the balance of the prospective jurors in the jury box. d. When Plaintiffs Counsel finishes examining all of the prospective jurors, Defendants' Counsel will have a similar opportunity to examine all of the prospective jurors, lf a successful challenge for cause occurs while a Defendant's Counsel is 4 of 8 FILED: ONONDAGA COUNTY CLERK 03/15/2023 11:51 AM INDEX NO. 008550/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/15/2023 examining the prospective jurors, that prospective juror will be excused and immediately replaced, That Defendant's Counsel will then continue questioning the replacement juror, as well as the balance of the prospective jurors in the jury box. e. After Counsel for all other Defendants have examined all of the prospective jurors, Counsel for Plaintiff will have a brief opportunity to examine any replacement prospective jurors seated during questioning by Defendants' Counsel. f. After all of the attorneys have examined all of the prospective jurors seated in the jury box, if for any reason there are additional challenges for cause, they shall be exercised at that time. lf all attorneys do not agree that a challenge is for cause, they will be directed to appear in Chambers for a ruling. g. After all prospective jurors in the jury box have been questioned, and all challenges for cause have been made, Counsel for each party shall then exercise their allowable peremptory challenges outside the presence of the prospective jury panel as follows: i. Beginning with prospective juror number one, Counsel for Plaintiff will either exercise or waive a peremptory challenge to that juror. Counsel for Defendants will then either exercise or waive a peremptory challenge to that juror, in the order in which their names appear in the caption. lf no peremptory challenge is exercised, that juror will be seated, and cannot later be removed by peremptory challenge. ii. The process shall continue with each prospective juror in the order in which they were seated in the jury box. Counsel for Plaintiff and Counsel for Defendant will alternate first exercising or waiving a peremptory challenge to subsequent jurors. Each subsequent prospective juror will be removed or seated pursuant to subsection (1.) in the order in which they are seated in the jury box. iii. ln cases with multiple Plaintiffs and/or Defendants, peremptory challenges shall be exercised by Counsel in the order in which the parties' names appear in the caption, unless following that order would, in the discretion of the Court, unduly favor a side. Upon application, the Court after consulting with Counsel, will specify the order in which the peremptory challenges shall be exercised in a manner that balances the interests of all parties. 5 of 8 FILED: ONONDAGA COUNTY CLERK 03/15/2023 11:51 AM INDEX NO. 008550/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/15/2023 h. The challenged prospective jurors will then be excused, and the remaining prospective jurors will slide over into the seats vacated by the excused prospective jurors (for example, if the prospective .juror in seat 2 is excused, then the juror in seat 3 will move into seat 2, the juror in seat 4 will move into seat 3, and so on). i. Once Counsel has either exercised or waived their peremptory challenges for all prospective jurors in the jury box, if additional jurors are needed, then replacement prospective jurors will be selected to occupy any vacated seats until there are, once again, twelve ('12) prospective jurors in the jury box. The next round of questioning of the prospective jurors shall then begin. j. Plaintiffs Counsel will examine the replacement prospective jurors in the panel. followed by examination by Defendants'Counsel, These examinations shall be limited to thirly (30) minutes. k. After all Counsel have examined the replacement prospective jurors, the second round of peremptory challenges shall be conducted in accordance with subsection (9.) above. l. This procedure will continue until a satisfactory jury is obtained. 4. lf all Counsel agree to the use of undesignated alternates, six (6) jurors plus the agreed upon number of alternates shall be selected using the method set forth above. Plaintiffs and Defendants shall each, collectively, have a total of four (4) peremptory challenges to exercise, which includes one for alternates, unless ordered otheruvise by the Court. 5. lf all Counsel do not agree to use undesignated alternates, the first six (6) seated jurors shall constitute the jury panel. Plaintiffs and Defendants shall each, collectively, have a total of three (3) peremptory challenges to exercise during the selection of the jury panel. The remaining prospective jurors shall constitute the prospective alternate jurors' panel, and the round of peremptory challenges to the prospective alternate jurors shall be conducted in accordance with section (3)(9.) above Plaintiffs and Defendants shall each, collectively, have a total of one (1) peremptory challenge to exercise during the selection of the alternate jurors' panel. 6 of 8 FILED: ONONDAGA COUNTY CLERK 03/15/2023 11:51 AM INDEX NO. 008550/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/15/2023 GENERAL RULES FOR JURY TRIALS IN ONONDAGA COUNTY SUPREME COURT THE FOLLOWITVG RULES APPLY TO ALL JURY TRIALS IN ONONDAGA COUNTY SUPREME COURT (EXCLUDTNG MATRIMONAL TRTALS) UTVLESS OTHERWSE ORDERED BY THE IAS JUSTICE NOTE: lf the IAS Justice requires paper copies of e-filed documents, then you must provide those to fhe /AS Justice within one business day of the time they are e-filed. '1. Final Pre-trial Conference The IAS Justice will hold a final pre{rial conference on or before the trial date. Counsel must be prepared to discuss settlement, witness and exhibit lists, scheduling of witnesses. identity of expert witnesses, voir dire, proposed jury charges, special verdict sheet, motions in limine, EBf transcripts, videotaped testimony, stipulations and courtroom assignment. lf an attorney does not have settlement authority, then his/her client and/or insurance adjuster must be personally present at the pretrial conference. 2. Trial Hours Generally, the trial will be conducted between 9:00 a.m. and 4:00 p.m. each day, with an hour and fifteen-minute break for lunch. The starting time of the trial may be delayed on the IAS Justice's motion day. 3. Motions in Limine It/otions rn /imine must be filed and served at least twenty-eight (28) days prior to the trial date. Opposing papers, if any, must be filed and served at least fourteen (14) days prior to the trial date. Motions in limine are to be made returnable seven (7) days prior to the trial date. 4. Proposed Jury Charqes and Special Verdict Sheets Proposed jury charges and special verdict sheets must be filed and served at least one week prior to the trial date. These items must be submitted in electronic form, and in paper, if required by the IAS Justice. The courts in Onondaga County have Microsoft Word software and the electronic copy must be compatible with that software. Proposed jury charges must include the PJI section number and title of the charge. lf there is no applicable PJI charge, or if counsel is requesting a deviation from the PJl, then counsel must provide the text of the proposed charge with citations to relevant legal authority and a highlighted copy of all referenced authority. Counsel need not request PJI charges 1;1 through 1:14 and 1 :20 through 1 :32 because these form part of the Court's "boiler plate" charge. Additionally, PJI charges 1:90 (expert witness); and 1:94 (use of pre{rial deposition upon trial) will be charged when applicable, and these charges need not be requested. I{evised li202l 7 of 8 FILED: ONONDAGA COUNTY CLERK 03/15/2023 11:51 AM INDEX NO. 008550/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/15/2023 5. Exhibits A list of all exhibits, except those exhibits to be used solely for credibility or rebuttal, must be filed and served at least one week prior to the trial date. The exhibit list must include a brief description of each exhibit. Counsel shall consult in good faith to agree upon the exhibits that will be offered into evidence without objection. The exhibits are to be marked immediately following the final pre{rial conference and prior to commencement of trial, subject to the availability of the assigned court reporter. Plaintiff's exhibits shall be marked with numbers and defendant's exhibits shall be marked with letters. 6. Use of EBT Transcripts and Videotaped Testimonv lf counsel intends to read EBT testimony into evidence, then at least one week prior to trial counsel must provide opposing counsel and the IAS Justice with a copy of the portions of the testrmony counsel intends to proffer. ln addition, prior to the final pre-trial conference counsel must attempt to reach agreement with oppos ng counsel about the admissibility of that testimony. For those portions of the testimony upon which agreement is not reached, at least one full business day prior to the final pre-trial conference, the party opposing admissibility must provide the IAS Justice with a written memorandum setting forth the legal basis for his/her objections, with citations to authority. lf counsel intends to use videotaped testimony, then at least one week prior to trial counsel must provide opposing counsel and the IAS Justice with a copy of the videotape accompanied by a written transcript of the testimony counsel intends to proffer. ln addition, prior to the final pre{rial conference, counsel must attempt to reach agreement with opposing counsel about the admissibility of that testimony. For those portions of the testimony upon which agreement is not reached, at least one full business day prior to the final pre{rial conference the party opposing admissibility must provide the IAS Justice with a written memorandum setting forth the legal basis for his/her objections, with citations to authority. 7 Stipulations Be prepared to discuss possible stipulations at the final pre{rial conference 8 Date Certain and Schedulinq of Witnesses Durinq Trial The trial date is a date certain. Trial adjournments will be granted ONLY upon good cause shown. Once the trial is commenced, it will proceed, without interruption, until a verdict is rendered. The Court will not inconvenience jurors by delaying the trial to accommodate witnesses. However, the Court will allow witnesses to testrfy out of order, as necessary. 9. lnteroreters and other Special Trial Needs At the earliest possible time, but no later than three weeks before the trial date, counsel must advise the Court if they need an interpreter or any other special trial accommodations. THESE ARE THE GENERAL RULES FOR JURY TRIALS IN ONONDAGA COUNTY SUPREME COURT. PRIOR TO TRIAL COUNSEL MUST CONSULT WITH CHAMBERS OF THE IAS JUSTICE TO DETERMINE WHETHER S/HE HAS ANY SPECIAL TRIAL RULES. Reviscd 112021 8 of 8