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New Haven JD - Civil Standing Orders
Presiding Judge

 


Notice to all Counsel Scheduling Jury Trial Dates

Status Conference Agreement Forms (Date Certain)
The New Haven J.D. has implemented a system for court ordered filing of status conference agreement forms which will allow counsel and/or pro se parties to select a trial date certain without the need to come to the courthouse.

All parties who have an Appearance on file will be notified of the due-date for the status conference form via the automated judicial notices sent by the Connecticut Judicial Branch. Counsel will be directed to complete and file a Status Conference Agreement Form, which is available by clicking on the link above or from the Jury Case Assignment Office (Room 445) or from the Clerk's Office on the 2nd floor. Counsel must agree upon TWO dates-certain in different weeks between the dates listed on the notice and submit a single status conference agreement, signed by all counsel and/or pro se parties, by: (1) faxing to (203) 789-6829; (2) filing the agreement in person at the Jury Case Assignment Office, Room 445 on the 4th floor; or (3) mailing the agreement to Superior Court, Jury Case Assignment Office, 235 Church Street, New Haven, CT 06510. Any request to schedule beyond the listed period should be filed in writing with an explanation and should be directed to the Jury Case Assignment Office in person or to the above fax number, e-mail or mailing address. Faxes are preferred.

The agreement form must be received by the Jury Case Assignment Office on or before the date listed on the notice. On the due-date of the status conference form, the court will assign either one of the two proposed dates for trial, or a date which may vary by up to 2 days from the date chosen. The court will then send notice. The court will also schedule a date for the pretrial approximately one to two weeks before the trial date certain and send notice. If the selected trial date is no longer available, the court will notify counsel to select a new date. However, with VERY few exceptions, cases will be assigned within 2 days of one of the dates requested by counsel.  There is no need to request a list of available dates within the assigned period given on the status conference notice.

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Pending Tax Appeals

All tax appeals pending in the New Haven Judicial District including those in which you have appeared, are subject to the following order:

  1. A pretrial settlement conference before a Judge or Special Master will be scheduled for a date certain. Counsel and pro se parties will receive notice of the date and time.

  2. Two weeks before the date of the pretrial, each party shall furnish the other with a copy of the appraisal, assessor’s investigation or other documentary evidence (other than exchange of review appraisal reports), on which that party intends to rely at trial, and shall also file with the clerk a list of these documents, but not the documents themselves, and a statement of evaluation. If either party elects to produce a review appraisal report at trial, the review shall be presented at pretrial and the report given to the other party at least four weeks prior to trial. Failure to comply with the above or failure to appear at the pretrial may result in the imposition of such sanctions as nonsuit, default, or preclusion of the use of undisclosed evidence at trial.
    If, after pretrial, the municipality elects to do an appraisal, in addition to the assessor’s evaluation, it shall have four weeks from pretrial date to supply its appraisal to plaintiff. The trial shall be scheduled no earlier than six weeks after pretrial.

  3. Counsel for all parties, as well as the parties themselves or their authorized representative, shall be present for the pretrial conference.

  4. If the appeal is not resolved at pretrial, it will, at the conclusion of the pretrial, be assigned a date certain for trial.

  5. Prior orders of this court staying discovery until the conclusion of the pretrial conference are hereby vacated, provided, however, that any party may, for good cause shown, file a motion requesting that discovery be stayed until after the conclusion of the pretrial. Failure to have completed discovery will not be grounds for a continuance of either the pretrial conference or the trial itself.

Hon. Jonathan E. Silbert, Civil Presiding Judge

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Deposition Dispute Procedures

With reference to the “Discovery and Deposition Dispute Order” issued by Hon. Barbara M. Quinn, Chief Court Administrator and Hon. Arthur A. Hiller, Chief Administrative Judge, Civil Division, deposition disputes (Practice Book § 13-30 (c)motions only shall be brought to the attention of the presiding judge and scheduled as follows:

  1. Any party seeking resolution of a dispute arising during the taking of a deposition may request consideration by a judicial officer by telephone request to caseflow coordinator Amina Connelly Tel: (203) 503-6806; Fax: (203) 867-6041
  2. The caseflow coordinator shall consult with the presiding judge, or his designee, who shall determine the most appropriate method of resolution, including, but not limited to: an immediate court hearing; a telephone conference call and the issuance of a ruling; directing the deposition to be conducted at the courthouse; or any other appropriate method. The presiding judge may designate any available judicial officer to resolve the dispute.
  3. After consultation with the presiding judge, the coordinator shall schedule the matter accordingly and notify the parties.

Jonathan E. Silbert, Civil Presiding Judge

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Discovery Dispute Procedures

With reference to the “Discovery and Deposition Dispute Order” issued by Hon. Barbara M. Quinn, Chief Court Administrator and Hon. Arthur A. Hiller, Chief Administrative Judge, Civil Division, discovery disputes (Practice Book chapter 13 motions only filed within six months of the trial date) shall be brought to the attention of the presiding judge and scheduled as follows:

  1. Any party seeking resolution of a discovery dispute shall promptly notify the designated caseflow coordinator and identify the motion(s) that party seeks to have scheduled. The moving party must provide a hard copy of the motion(s) in hand or by fax to the designated caseflow coordinator, in addition to filing it with the clerk’s office if not already on file.
  2. For jury cases, the designated caseflow coordinator is Suzanna N. Mayhugh, Tel: (203) 503-6807; Fax: (203) 789-6829. For court cases, the designated caseflow coordinator is Amina Connelly, Tel: (203) 503-6806; Fax: (203) 867-6041.
  3. Upon receipt of the motion(s) the caseflow coordinator will schedule the matter for a hearing after consultation with the presiding judge. The coordinator will notify all parties of record telephonically. At that time, the coordinator will ascertain whether there is an objection. If so, counsel must provide a hard copy of the objection and the requisite affidavit to the caseflow coordinator in hand or by fax within 24 hours, in addition to filing it with the clerk’s office if not already on file.
  4. All parties involved in the dispute must appear at the designated place and time. There will be no written notice of the hearing. A failure to appear at the designated place and time may result in the issuance of a nonsuit or default, unless the parties report to the designated caseflow coordinator that the dispute has been resolved and a hearing is no longer required.
  5. Matters on the Discovery Dispute Calendar will be handled either by the presiding judge or his designee. The presiding judge retains the sole authority to continue any trial date; no trial continuance requests shall be presented to his designee.

Jonathan E. Silbert, Civil Presiding Judge

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Trials De Novo Following Court-Annexed Mandatory Arbitration

In those cases referred to the Court-Annexed Mandatory Arbitration Program pursuant to Gen. Stats. Sec. 52-549u et seq in which a trial date has already been assigned, when one party demands a trial de novo after the filing of the Arbitrator’s decision, any party who has not made a trial de novo demand may within 15 days of the filing of the trial de novo demand, by letter addressed to the Presiding Judge, Civil (with copies to all counsel and pro se parties of record), request an immediate assignment for trial. In such cases, the court will make every effort to schedule the case for jury selection within the next thirty days.

Jonathan E. Silbert, Civil Presiding Judge

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Pre-marking of Exhibits

Prior to commencing any trial, whether to the court to a jury, or any hearing before the court, the parties must confer with each other and pre-mark all proposed exhibits using standard exhibit markers. When agreement is possible, the exhibit should be marked as full; where there is no agreement as to admissibility, the exhibit should be marked for identification only. Although this order requires that all available exhibits be pre-marked before the evidence commences, the trial judge has the discretion to admit exhibits that have not been pre-marked if the proponent establishes a reasonable basis for the failure to pre-mark the proffered exhibit.

Hon. Jonathan E. Silbert, Presiding Judge, Civil

 

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