Preview
FILED: ONONDAGA COUNTY CLERK 12/20/2022 10:44 AM INDEX NO. 003917/2021
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 12/20/2022
STATE OF NEW YORK
UNIFIED COURT SYSTEM
ONONDAGA SUPREME & COUNTY COURTS
COURT CLERK’S OFFICE
505 SOUTH STATE ST., SUITE 110
SYRACUSE, NEW YORK 13202
Civil - (315)671-1030 Diane E. Helbig
Civil Fax - (315)671-1176 Chief Clerk
Criminal - (315)671-1020
Criminal Fax - (315)671-1191 Mary L. Monashefsky
Deputy Chief Clerk
December 20, 2022
Sent via NYSCEF to all Counselors
Re: Costello, Cooney & Fearon, PLLC v. Bowe
Index No. 3917/2021
Dear Counselors:
The trial of this action is scheduled to commence on June 12, 2023. This is a date certain, and the
Court understands all witnesses, including parties and experts, are available at that time. Trial
adjournments will be granted ONLY upon good cause shown.
On June 12, 2023, counsel should report to Justice Karalunas' chambers at 9:30 a.m. for a final
conference. At that conference, counsel must be prepared to discuss settlement, scheduling of
witnesses, identity of expert witnesses, voir dire, proposed jury charges, the special verdict sheet,
motions in limine, EBT transcripts, videotaped testimony, stipulations, and courtroom assignment. If
you do not have settlement authority, your client and/or insurance adjuster must be personally present
at the conference. You are expected to comply with Justice Karalunas' trial rules, a copy of which is
enclosed.
Very truly yours,
Jeannette Bizgia
Jeannette O. Bizgia
Court Clerk to
Hon. Deborah H. Karalunas
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FILED: ONONDAGA COUNTY CLERK 12/20/2022 10:44 AM INDEX NO. 003917/2021
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 12/20/2022
Rev. January 15, 2020
GENERAL RULES FOR JURY TRIALS IN
ONONDAGA COUNTY SUPREME COURT
THE FOLLOWING RULES APPLY TO ALL JURY TRIALS IN ONONDAGA COUNTY
SUPREME COURT (EXCLUDING MATRIMONAL TRIALS) UNLESS OTHERWISE ORDERED
BY THE IAS JUSTICE
NOTE: If the IAS Justice requires paper copies of e-filed documents, then you must
provide those to the IAS 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-trial 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, EBT
transcripts, videotaped testimony, stipulations and courtroom assignment. If an attorney does not
have settlement authority, then his/her client and/or insurance adjuster must be personally present
at the pre-trial 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
break for lunch. The starting time of the trial may be delayed on the IAS Justice=s motion day.
3. Motions in Limine
Motions in limine must be filed and served at least two weeks prior to the trial date. Opposing
papers, if any, must be filed and served at least one week prior to the trial date. Motions in
limine are to be made returnable in chambers at 9:30 a.m. on the trial date.
4. Proposed Jury Charges 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. If there is no applicable PJI charge, or if counsel is requesting a
deviation from the PJI, 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 1:2 through 1:41 because these form part of the Court=s Aboiler plate@ charge.
Additionally, PJI charges 1:90 (expert witness); 1:91 (interested witness); 1:94 (use of pre-trial
deposition upon trial) and 1:97 (special verdicts) will be charged when applicable, and these
charges need not be requested.
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
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FILED: ONONDAGA COUNTY CLERK 12/20/2022 10:44 AM INDEX NO. 003917/2021
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 12/20/2022
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-trial 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 Testimony
If 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
testimony counsel intends to proffer. In addition, prior to the final pre-trial 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-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.
If 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. In addition, prior to the final
pre-trial 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-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.
7. Stipulations
Be prepared to discuss possible stipulations at the final pre-trial conference.
8. Date Certain and Scheduling of Witnesses During 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 testify out of order,
as necessary.
9. Interpreters 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.
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Preview
FILED: ONONDAGA COUNTY CLERK 12/20/2022 10:44 AM INDEX NO. 003917/2021 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 12/20/2022 STATE OF NEW YORK UNIFIED COURT SYSTEM ONONDAGA SUPREME & COUNTY COURTS COURT CLERK’S OFFICE 505 SOUTH STATE ST., SUITE 110 SYRACUSE, NEW YORK 13202 Civil - (315)671-1030 Diane E. Helbig Civil Fax - (315)671-1176 Chief Clerk Criminal - (315)671-1020 Criminal Fax - (315)671-1191 Mary L. Monashefsky Deputy Chief Clerk December 20, 2022 Sent via NYSCEF to all Counselors Re: Costello, Cooney & Fearon, PLLC v. Bowe Index No. 3917/2021 Dear Counselors: The trial of this action is scheduled to commence on June 12, 2023. This is a date certain, and the Court understands all witnesses, including parties and experts, are available at that time. Trial adjournments will be granted ONLY upon good cause shown. On June 12, 2023, counsel should report to Justice Karalunas' chambers at 9:30 a.m. for a final conference. At that conference, counsel must be prepared to discuss settlement, scheduling of witnesses, identity of expert witnesses, voir dire, proposed jury charges, the special verdict sheet, motions in limine, EBT transcripts, videotaped testimony, stipulations, and courtroom assignment. If you do not have settlement authority, your client and/or insurance adjuster must be personally present at the conference. You are expected to comply with Justice Karalunas' trial rules, a copy of which is enclosed. Very truly yours, Jeannette Bizgia Jeannette O. Bizgia Court Clerk to Hon. Deborah H. Karalunas 1 of 3 FILED: ONONDAGA COUNTY CLERK 12/20/2022 10:44 AM INDEX NO. 003917/2021 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 12/20/2022 Rev. January 15, 2020 GENERAL RULES FOR JURY TRIALS IN ONONDAGA COUNTY SUPREME COURT THE FOLLOWING RULES APPLY TO ALL JURY TRIALS IN ONONDAGA COUNTY SUPREME COURT (EXCLUDING MATRIMONAL TRIALS) UNLESS OTHERWISE ORDERED BY THE IAS JUSTICE NOTE: If the IAS Justice requires paper copies of e-filed documents, then you must provide those to the IAS 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-trial 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, EBT transcripts, videotaped testimony, stipulations and courtroom assignment. If an attorney does not have settlement authority, then his/her client and/or insurance adjuster must be personally present at the pre-trial 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 break for lunch. The starting time of the trial may be delayed on the IAS Justice=s motion day. 3. Motions in Limine Motions in limine must be filed and served at least two weeks prior to the trial date. Opposing papers, if any, must be filed and served at least one week prior to the trial date. Motions in limine are to be made returnable in chambers at 9:30 a.m. on the trial date. 4. Proposed Jury Charges 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. If there is no applicable PJI charge, or if counsel is requesting a deviation from the PJI, 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 1:2 through 1:41 because these form part of the Court=s Aboiler plate@ charge. Additionally, PJI charges 1:90 (expert witness); 1:91 (interested witness); 1:94 (use of pre-trial deposition upon trial) and 1:97 (special verdicts) will be charged when applicable, and these charges need not be requested. 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 2 of 3 FILED: ONONDAGA COUNTY CLERK 12/20/2022 10:44 AM INDEX NO. 003917/2021 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 12/20/2022 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-trial 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 Testimony If 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 testimony counsel intends to proffer. In addition, prior to the final pre-trial 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-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. If 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. In addition, prior to the final pre-trial 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-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. 7. Stipulations Be prepared to discuss possible stipulations at the final pre-trial conference. 8. Date Certain and Scheduling of Witnesses During 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 testify out of order, as necessary. 9. Interpreters 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. 3 of 3