Hon. Andrew S. Amer. Part 38 and FRP-8.
Supreme Court, Kings County. A Thursday motion part where, since November 5, 2026, nobody appears on the return date unless the court schedules argument, with no second call and a rule on who may appear. Published Part Rules and notes from our office's appearances.
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| Court | Supreme Court, Kings County |
| Part | Part 38 and FRP-8 |
| Courtroom | 356, 360 Adams Street, Brooklyn |
| Part Phone | 347-296-1582 |
| Motion Return Date | Thursdays. Since November 5, 2026, no appearance, physical or virtual, on the return date, except on an Order to Show Cause |
| Oral Argument Calendar | Thursdays, only when the court schedules it: Part 38 at 10:00 a.m., FRP-8 at 2:00 p.m. |
| Second Call | None |
| Requesting Argument | Write “Oral Argument Requested” under the index number on the notice of motion or answering papers |
Published Part Rules
Source: nycourts.gov, Justice Amer's part rules page (updated October 15, 2026). Last verified: November 10, 2026.
Official source: the justice’s published part rules on nycourts.gov.
No Appearance on the Return Date Since November 5, 2026
All motions are returnable on a Thursday. For motions returnable on and after November 5, 2026, the rules state: “There are NO appearances, physical or virtual, on the motion return date, except for motions brought by Order to Show Cause.” A motion is deemed fully briefed as of the return date, and the court will not consider papers filed after it.
Oral Argument Only When the Court Schedules It
Any party may ask for argument by writing “Oral Argument Requested” next to the caption below the index number on the notice of motion or answering papers. If the court decides argument is necessary, whether or not anyone asked, it schedules the motion on its oral argument calendar for the next available Thursday after the return date. The rules say the court generally schedules argument on motions seeking dispositive relief, and generally not on motions for a joint trial, consolidation, amending the caption, or other ministerial relief.
The oral argument calendars run in two sessions on Thursdays: Part 38 at 10:00 a.m. and FRP-8 at 2:00 p.m. The rules state: “There will be no second call at either session.” Motions marked ready are heard first, in calendar order, and a ready case whose counsel are not all present when it is called goes to the back of the queue. Failure to appear for oral argument may result in a default under 22 NYCRR 202.27.
Who May Appear
The rules state: “All appearances shall be made by counsel with personal knowledge of the facts, procedural history, and legal issues of the case.” Appearing counsel must also be authorized to enter into binding stipulations, address scheduling, discuss resolution, and argue the motion. The rules add that the appearance of substitute or per diem counsel without that knowledge or authority is discouraged and may result in adjournment, denial, or other appropriate relief.
Adjournments
A motion may be adjourned twice on consent without leave of court: the first time for no more than four weeks and the second for no more than two weeks, each to a later Thursday, by filing a stipulation on or before the return date with a copy to the Part Clerk. The stipulation must account for every party in the caption and set a briefing schedule, with opposition at least one week and reply at least one day before the new return date. If a first or second adjournment is contested, the party seeking it files an application at least three days before the return date and states the reason opposing counsel gave. Any further adjournment requires a letter motion on NYSCEF at least three days before the return date, and the rules state the court will not grant one absent extraordinary circumstances.
Contacting the Part
Adjournment and scheduling inquiries go to the Part Clerk by email. “Do not call chambers to request an adjournment.” Courtesy copies of motion papers filed through NYSCEF are not required. The parties may request a settlement conference before the note of issue is filed by emailing the Part Clerk.
Always verify the current Part Rules with the Part before any appearance. The court publishes updates and assignment changes through nycourts.gov.
Before You Send a Covering Attorney
Three published rules decide whether a covering attorney is needed at all, and whether one can do the appearance.
- On an ordinary motion, nobody appears on the return date. Since November 5, 2026, an appearance is needed only for an Order to Show Cause or when the court puts the motion on its oral argument calendar.
- Counsel must have personal knowledge of the facts, procedural history, and legal issues, and authority to stipulate. The rules discourage per diem counsel without that knowledge or authority. Brief the covering attorney fully, or send the attorney who handles the file.
- There is no second call. When argument is scheduled, be in Courtroom 356 when the 10:00 a.m. or 2:00 p.m. calendar is called.
Practitioner Intelligence
Observations from our office's appearances in this part, kept separate from the published rules above. Last reviewed: November 10, 2026.
What to Expect
Since November 5, 2026, a motion in this part is decided on the papers unless the court schedules argument, so the work moves to the papers and to the “Oral Argument Requested” notation. The field notes below describe appearances under the earlier rule, when argument was heard in person on the return date.
Field Note: September 24, 2026
Our office had a covering attorney assigned to an FRP-8 motion on the 2:00 p.m. calendar. Before the calendar call, the Justice's principal law clerk advised by email that an adjournment had been granted and that the new date would be posted on eCourts, so no appearance was required. Check email right up to the call time, and watch eCourts for the adjourned date. This is an account of a specific appearance, not a published rule.
Field Note: October 22, 2026
On October 22, 2026, our office appeared in person for a plaintiff on a motion for summary judgment and the appointment of a referee to compute, and on a cross-motion. The court adjourned both motions to November 19, 2026, about four weeks out, and no written order was handed to counsel at the part. Check eCourts or NYSCEF for the adjourned date rather than waiting for paper. That is an account of a specific appearance, not a published rule.
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Court rules and procedures change frequently. Information on this page is for general reference only and may not reflect the most current rules. Verify all information with the Part before your appearance.
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