Court Rules
Judge

Judge Heela D. Capell

Individual Rules, Standing Orders & Policies

Rules last changed:
New York Supreme Court, Kings County

Limits & Logistics

Document Limits

Pre Mediation MemorandumCourt-wide
3 pgs
Disclosure Dispute LetterCourt-wide
2 pgs
Disclosure Dispute Response LetterCourt-wide
2 pgs
BriefCourt-wide
25 pgs

Courtesy Copies

Courtesy copies

  • Hand Delivery

All filings

Court-wide
  • When Fully Briefed

Terms Of Sale

Court-wide
  • Upon request

Communication

Email

Chambers

ksccvpart19@nycourts.gov
Phone

Chambers

(347) 296-1644
Email
Court-wide

Clerk

360asupremecivilforeclosure@nycourts.gov
Scheduling
Email
Court-wide

Clerk

360asupremecivilmatrimonial@nycourts.gov
Phone
Court-wide
347-296-1740
Phone
Court-wide

Clerk

347-401-9249
Scheduling
Email
Court-wide

Clerk

Scheduling
Email
Court-wide
Scheduling
Hours: courthouse business hours only; not after courthouse business hours, on weekends, or on holidays
Phone
Court-wide

Duty Judge

Scheduling
Filters:AllMandatoryImportantFormattingExhibitsProposed OrdersEvidence/WitnessesConferences

Document Format Requirements1 rule

Formatting

Checked against the court's document on Oct 4, 2026Important

Physical-media exhibits must be filed appropriately, and the party must bring its own device to display them because the court cannot view the media on its computers.

Exhibits stored on physical media such as USB Drives, CD-ROMS, DVDS, and the like must be filed in the appropriate manner. However, please note that the court cannot view these forms of physical media on court computers. Therefore, parties must be prepared to display this media to the court using their own device.

Document Filing Requirements3 rules

Filing Requirements

Checked against the court's document on Oct 4, 2026Mandatory

An appearance is required for motions unless the parties resolve the motion on consent, upload a proposed order through NYSCEF at least three business days before the return date, and receive confirmation that appearance is unnecessary.

An appearance is required on all motions except where the parties have resolved the motion on consent and uploaded a proposed order via NYSCEF at least three business days prior to the return date and the movant gets confirmation from the Part Clerk that they do not have to appear.

Document Type

Motion

Content & Formatting
Proposed Order
Filing Requirements

Not confirmed. Read the court's wording below.Mandatory?

Counsels are required to submit the following to the Part email listed above: A list of pre-marked Exhibits A witness List and an expert witness list which provides the expert’s area of expertise. (Indicate if an interpreter is required); Proposed verdict sheets Closing charges EBT’s to be read from at trial.

Summary: Counsel must email the Part a list of pre-marked exhibits, witness and expert witness lists, proposed verdict sheets, closing charges, and EBTs to be read at trial.

Document Type

Trial Submissions

Specific requirements detailed in rule text.
Filing Requirements

Not confirmed. Read the court's wording below.Mandatory?

Proposed verdict sheets and closing charges must be emailed to the Part email above following the court’s directions at the pre-trial conference.

Summary: Proposed verdict sheets and closing charges must be emailed to the Part after the court provides directions at the pretrial conference.

Document Type

Proposed Verdict Sheet

Specific requirements detailed in rule text.

Filing & Service rules

Electronic Filing Rules

A sensitive document may be filed with the clerk in a paper case or through NYSCEF in a NYSCEF case, with a request to seal.

If you would like to file a sensitive document with the court, you may do so in a paper case by filing with the clerk’s office, or in a NYSCEF case, via NYSCEF, with a request to seal.

Checked and corrected to match the court's document on Oct 4, 2026

Page 1 | Part HC-76 Guardianship Rules

The appointed attorney or court evaluator must convert the Article 81 matter to NYSCEF within 30 days of appointment using an acceptable method.

Once an attorney to the alleged incapacitated person or court evaluator is appointed, they are required to convert the matter to NYSCEF within 30 days of their appointment. You may use any acceptable method for doing so.

Not confirmed. Read the court's wording below.

Page 1 | Part HC-76 Guardianship Rules

Filing Timing and Cure Windows

Papers must be served and filed at least three business days before the motion's return date.

For your papers to be considered by the court, they must be properly served and filed at least three business days prior to the return date.

Checked against the court's document on Oct 4, 2026

Page 1 | IAS Part 19 Motion Rules

Service and Proof of Service Rules

A pro se party must receive written notice of a new appearance date, and proof of that notice must be provided to the court.

If relief is sought against a pro se party on an appearance date that they were not made aware of, or where the matter is adjourned, they must be notified in writing of the new appearance date and proof of such notification must be provided to the court.

Not confirmed. Read the court's wording below.

Page 1 | IAS Part 19 Motion Rules

Papers must be properly served at least three business days before the motion's return date.

For your papers to be considered by the court, they must be properly served and filed at least three business days prior to the return date.

Not confirmed. Read the court's wording below.

Page 1 | IAS Part 19 Motion Rules

Courtesy Copy Requirements

Hard copies and courtesy copies are not required for motion papers in electronically filed cases unless specifically requested.

The court does not require hard copies or courtesy copies of motion papers on e-filed cases unless specifically requested.

Checked and corrected to match the court's document on Oct 4, 2026

Page 1 | IAS Part 19 Motion Rules

In non-electronically filed matters, courtesy copies of motion papers must be brought to court on the return date.

However, if your matter is not electronically filed, courtesy copies of the motion papers must be brought to court on the return date.

Not confirmed. Read the court's wording below.

Page 1 | IAS Part 19 Motion Rules

Adjournment & Extension Requirements

An appearance is required for adjournment applications unless the adjournment is by consent and filed through NYSCEF at least three business days before the return date.

An appearance is required for all adjournment applications, except, adjournments on consent and filed via NYSCEF at least three business days prior to the return date.

Checked against the court's document on Oct 4, 2026

Page 1 | IAS Part 19 Motion Rules

Chambers Communication Rules

Use the Part's telephone number for Part-related matters, do not contact chambers directly unless instructed, and do not initiate ex parte communications.

Attorneys and litigants are advised to contact the Part using the Courtroom Telephone Number: (347) 296-1644. DO NOT CONTACT CHAMBERS STAFF DIRECTLY BY TELEPHONE OR EMAIL UNLESS YOU ARE TOLD TO DO SO. Telephone calls, voicemails, emails, and the like which are directed to chambers regarding a pending matter will only result in an instruction to call the Part. Ex-Parte communication will not be entertained.

Checked against the court's document on Oct 4, 2026

Page 1 | Contacting the Part

The listed Part email address must not be used to file papers.

Courtroom Email Address: KSCCVPart19@nycourts.gov (not to be used for the filing of papers)

Not confirmed. Read the court's wording below.

Page 1 | Contacting the Part

Court-wide rules

Applies court-wide

These 237 rules apply across New York Supreme Court, Kings County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 58
  • Applies to
    Request for judicial intervention

    Papers for each fee claim must be separately prepared and filed under its assigned index number, and a Request for Judicial Intervention is required to initiate court proceedings on that claim.

  • Applies to
    Pre mediation memorandum

    Counsel must provide the mediator at least ten calendar days before the initial session with a confidential, three-page memorandum containing specified settlement-related information.

  • Applies to
    Pre mediation memorandum

    A pro se litigant need not submit a pre-mediation memorandum but must speak directly with the mediator to answer pre-mediation questions.

Communication

All 45
  • Contact
    Email to clerk

    Auction dates must be scheduled by contacting the Foreclosure Department at the listed email address; requests by letter or telephone are not accepted.

  • Contact
    Email to clerk

    Auction-scheduling email inquiries must include the index number, caption, referee’s name, requested date, and at least one alternative date; only one request per email is allowed.

  • Chambers fax communications are generally prohibited except for specified stipulations, Rule 7 PC Orders, and Rule 18 disclosure-related communications.

Filing Timing

All 36
  • A proposed order omitted from a motion must be submitted to the IAS Judge within 60 days, or the motion may be deemed abandoned.

  • An application for a Judgment of Foreclosure and Sale must be made within one year after entry of the Order of Reference; filing a Forbearance or Settlement Agreement suspends that period, and noncompliance results in automatic dismissal.

  • All Forbearance Agreements must be filed with the Foreclosure Clerk within 20 days after execution.

E-Filing

All 30
  • Applies to
    Application to convert pending action to electronic filing

    EDDS may not be used in matrimonial proceedings except to upload an application converting a pending action to electronic filing.

  • Applies to
    Consent to e filing stipulation or letter application

    EDDS should be used only to upload a consent-to-e-filing stipulation or a letter application.

  • After the consent stipulation or letter application, subsequent filings should be submitted through NYSCEF unless the court directs otherwise.

About Judge Heela D. Capell

Holds Part 19 in the Kings County Supreme Court, Civil Term. Court staff: Principal Law Clerk: Nicholas A. Pagano, Esq.; Assistant Law Clerk: Rebecca Okin, Esq.; Part Clerk: Maryelana L. Smith The part rules page states: Updated: September 10, 2025.

360 Adams Street Court Room Number: 419 Brooklyn, New York 11201 Courtroom Telephone No.: 347-296-1644 Updated: September 10, 2025

Common questions about Judge Heela D. Capell's rules

Are courtesy copies required for Judge Heela D. Capell?

Details: by hand delivery. In non-electronically filed matters, courtesy copies of motion papers must be brought to court on the return date.

View ruleSource: page 1, section IAS Part 19 Motion Rules

What must be included with motion filings before Judge Heela D. Capell?

The rule requires proposed order. An appearance is required for motions unless the parties resolve the motion on consent, upload a proposed order through NYSCEF at least three business days before the return date, and receive confirmation that appearance is unnecessary.

View ruleSource: page 1, section IAS Part 19 Motion Rules

What must be included with trial submissions filings before Judge Heela D. Capell?

The rule identifies required filing content or certificates. Counsel must email the Part a list of pre-marked exhibits, witness and expert witness lists, proposed verdict sheets, closing charges, and EBTs to be read at trial.

View ruleSource: page 1, section Trials

How may parties contact Judge Heela D. Capell's chambers?

The rule addresses phone communications with Judge Heela D. Capell's chambers. The rule lists phone (347) 296-1644. Use the Part's telephone number for Part-related matters, do not contact chambers directly unless instructed, and do not initiate ex parte communications.

View ruleSource: page 1, section Contacting the Part

How do I request an adjournment or extension before Judge Heela D. Capell?

Advance notice is not fully stated in the structured details. An appearance is required for adjournment applications unless the adjournment is by consent and filed through NYSCEF at least three business days before the return date.

View ruleSource: page 1, section IAS Part 19 Motion Rules

Is electronic filing required before Judge Heela D. Capell?

Yes. Electronic filing is required for the covered filings. The appointed attorney or court evaluator must convert the Article 81 matter to NYSCEF within 30 days of appointment using an acceptable method.

View ruleSource: page 1, section Part HC-76 Guardianship Rules

What filing deadlines does Judge Heela D. Capell set?

Papers must be served and filed at least three business days before the motion's return date.

View ruleSource: page 1, section IAS Part 19 Motion Rules

What rule applies to service for motion before Judge Heela D. Capell?

The rule addresses service method, recipient, or timing requirements. Details: timing: 3 business days before hearing. Papers must be properly served at least three business days before the motion's return date.

View ruleSource: page 1, section IAS Part 19 Motion Rules
Complete rules summary for Judge Heela D. Capell

Use the Part's telephone number for Part-related matters, do not contact chambers directly unless instructed, and do not initiate ex parte communications.

The listed Part email address must not be used to file papers.

An appearance is required for motions unless the parties resolve the motion on consent, upload a proposed order through NYSCEF at least three business days before the return date, and receive confirmation that appearance is unnecessary.

An appearance is required for adjournment applications unless the adjournment is by consent and filed through NYSCEF at least three business days before the return date.

Papers must be served and filed at least three business days before the motion's return date.

Papers must be properly served at least three business days before the motion's return date.

A pro se party must receive written notice of a new appearance date, and proof of that notice must be provided to the court.

Hard copies and courtesy copies are not required for motion papers in electronically filed cases unless specifically requested.

In non-electronically filed matters, courtesy copies of motion papers must be brought to court on the return date.

Physical-media exhibits must be filed appropriately, and the party must bring its own device to display them because the court cannot view the media on its computers.

Counsel must email the Part a list of pre-marked exhibits, witness and expert witness lists, proposed verdict sheets, closing charges, and EBTs to be read at trial.

Proposed verdict sheets and closing charges must be emailed to the Part after the court provides directions at the pretrial conference.

The appointed attorney or court evaluator must convert the Article 81 matter to NYSCEF within 30 days of appointment using an acceptable method.

A sensitive document may be filed with the clerk in a paper case or through NYSCEF in a NYSCEF case, with a request to seal.

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