Parties which use this sample provision must meet any requirements of applicable law. 202.29 Settlement Conference Before a Justice Other than the Justice Assigned to the Case. Virtual Evidentiary Hearing or Non-jury Trial. (3) Within 10 days of filing the petition with the County Clerk, the petitioner shall send by mail, a copy of the petition to: (i) the clerk of the assessing unit named in the petition or, if there is no such clerk, to the officer who performs the customary duties of the clerk, except that in the City of New York the petition shall be mailed to the president of the New York City Tax Commission or to a designee of the president; (ii) except in the cities of Buffalo, New York, Rochester, Syracuse and Yonkers, to the clerk of any school district within which any part of the real property on which the assessment to be reviewed is located or, if there is no clerk of the school district or such name and address cannot be obtained, to a trustee of the school district; (iii) the treasurer of any county in which any part of the real property is located; and. (b) For purposes of this Rule, a hyperlink means an electronic link between one document and another, and a bookmark means an electronic link permitting navigation among different parts of a single document. The Administrative Board of the Courts has requested public comment with respect to the proposed rule changes, by the Commercial Division Advisory Council (CDAC), to amend (e) For the purposes of subsection (a)(2) of this Rule, the deposition of an entity shall be treated as a single deposition even though more than one person may be designated to testify on the entitys behalf. Sec. Parties which use these sample provisions must satisfy all jurisdictional, procedural, and other requirements of the courts specified in the provisions. 202.20-c Requests for Documents. (e) A subpoena must advise a nonparty entity of its duty to make the designations discussed in this Rule. Papers and correspondence filed by fax shall comply with the requirements of section 202.5 except that papers shall not be submitted to the court by fax without advance approval of the justice assigned. filed Sept. 22, 1993 eff. Settlement and Pretrial Conferences. Responses and Objections to Document Requests. WebThe U.S. FDA published a final rule creating additional recordkeeping requirements for foods listed on the Food Traceability List. An attorney who waives a challenge may not thereafter exercise a peremptory challenge within the round, but may exercise remaining peremptory challenges in subsequent rounds. (b) Should counsel wish to proceed with a settlement conference before a justice other than the justice assigned to the case, counsel may jointly request that the assigned justice grant such a separate settlement conference. (d) Applications; Notice Requirements. ", Historical Note . The court may order in any case that the money be deposited or invested pursuant to CPLR 1206(c) or held for the use and benefit of the infant, or incapacitated person as provided in CPLR 1206(d) and CPLR 1210(d). Length of Trial. The e-mail service address recorded at the time of registration is the e-mail address at which service of interlocutory documents on that party may be made through notification transmitted by the NYSCEF site. (2) No fee required. . Section 202.8-e Temporary Restraining Orders. There shall be such parts of court as may be authorized from time to time by the Chief Administrator of the Courts. (2) A County Clerk or chief clerk shall signify a refusal to accept a paper by use of a stamp on the paper indicating the date of the refusal and by providing on the paper the reason for the refusal. (c) The matters to be considered at the preliminary conference shall include: (1) simplification and limitation of factual and legal issues, where appropriate; (2) establishment of a timetable for the completion of all disclosure proceedings, provided that all such procedures must be completed within the timeframes set forth in subdivision (b) of this section, unless otherwise shortened or extended by the court depending upon the circumstances of the case; (3) Where the court deems appropriate, it may establish the method and scope of any electronic discovery. As such, it strongly needs a modern, well-staffed, properly equipped forum for the swift, fair and expert resolution of significant commercial disputes. In 1995, those words introduced the New York State Bar Associations report proposing the creation of the Commercial Division (N.Y. St. Bar Assn, A Commercial Court For New York [Jan. 1995]). If the trial exhibits are voluminous, counsel shall consult the clerk of the part for guidance. 202.71 Section 202.71 Recognition of Tribal Court Judgments, Decrees and Orders Unless the moving party can demonstrate that there will be significant prejudice by reason of giving notice, a temporary restraining order will not be issued ex parte. (a) The court may direct that counsel submit pre-trial memoranda at the pre-trial conference, or such other time as the court may set. (d) Nothing in this section shall preclude the insuring body from consenting to a reduction of its lien. The court shall fix a schedule for discovery as to all unresolved issues and, in a noncomplex case, shall schedule a date for trial not later than six months from the date of the conference. In the alternative, a party may serve a copy of the order or judgment and written notice of its entry in hard copy by any method set forth in CPLR 2103 (b) (1) to (6). (h) Custody of Tape. For purposes of CPLR 304. governing the method of commencing actions and special Proceedings. Historical Note Appearance by Counsel with Knowledge and Authority. (4) Unless the court otherwise directs, the proof required by statute must be in writing, by affidavits, which shall include a sufficient factual statement to establish jurisdiction, as well as all elements of the cause of action warranting the relief sought. As provided in section 202.5(d)(1) of these Rules, a County Clerk and a Chief Clerk of Supreme Court, as appropriate, shall refuse to accept for filing hard copies of documents sought to be filed in actions where such documents are required to be filed electronically. The case shall be assigned to a judge as soon as practicable after the filing of the request for judicial intervention pursuant to section 202.6 of this Part, but in no event later than the return date. 202.13 Removal of actions without consent to courts of Ltd. jurisdiction Unless otherwise authorized by the Chief Administrator, the filing of a request for judicial intervention pursuant to this section shall cause the assignment of the action to a judge pursuant to section 202.3 of this Part. (c) Each electronically submitted memorandum of law or other document that cites to another document previously filed with NYSCEF shall include a hyperlink to the NYSCEF docket entry for the cited document enabling access to the cited document through the hyperlink. Every brief, memorandum, affirmation, and affidavit shall include, on a page attached to the end of the applicable document, a certification by the counsel who has filed the document describing the number of words in the document. (f) Any application for temporary injunctive relief, including but not limited to a motion for a stay or a temporary restraining order, shall contain, in addition to the other information required by this section, an affirmation demonstrating there will be significant prejudice to the party seeking the restraining order by giving of notice. filed Oct. 13, 1999; amd. (1) "Chief Administrator of the Courts" in this Part also includes a designee of the Chief Administrator. We hear 7. (b) Except as set forth in subdivision (c) of this section, and unless otherwise ordered by the court, the State Division of Human Rights shall have 20 days after service of the notice of petition and petition to file with the court the written transcript of the record of all prior proceedings upon which its order was made. The subject matter jurisdiction of the Commercial Division including both substantial monetary thresholds and carefully chosen case types (see 202.70[a] and [b]) is designed to ensure that it is the forum of resolution of the most complex and consequential commercial matters commenced in New Yorks courts. Failure to file with the court a report in conformance with these requirements may, in the court's discretion, preclude the use of the expert. A document shall be considered to have been signed by an attorney or party in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR 130-1.1-a) if it has been signed by such attorney or party as provided in paragraph (1) of this subdivision and it bears the signatory's name. (iv) the clerk of a village which has enacted a local law, in accordance with the provisions of subdivision 3 of section 1402 of the Real Property Tax Law, providing that the village shall cease to be an assessing unit and that village taxes shall be levied on a copy of the part of the town or county assessment roll. All parties are directed to exchange e-mail addresses with each other at the commencement of the case and to keep these e-mail addresses current, in order to facilitate notification by the person(s) receiving the court notification. Copies of the reports of the examining medical providers, complying with the requirements of subdivision (c) of this section, shall be served within 10 days after completion of such further examination. Counsel for the parties shall consult prior to the pre-trial conference and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection. Calendaring of motions; uniform notice of motion form; . The parties preferences would ordinarily be given presumptive weight. 10. Information on Cases. Such request will be granted in the discretion of the justice assigned to the case upon finding that such a separate settlement conference would be beneficial to the parties and the court and would further the interests of justice. (g) Expert Witnesses and Other Trial Matters. The above-entitled action is for (briefly state nature of action, e.g., personal injury, medical malpractice, divorce, etc.). In addition to complying with the provisions of CPLR 2101, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and if typewritten, shall have at least double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins. (c) The affirmation of the good faith effort to resolve the issues raised by the motion shall indicate the time, place and nature of the consultation and the issues discussed and any resolutions, or shall indicate good cause why no such conferral with counsel for opposing parties was held. Rule 14-a. (1) Entry; date of entry. (ix) the scope or method for searching and reviewing ESI; and Failure to appear shall result in the petition being dismissed or in the petition being determined upon inquest by the hearing officer based upon the available evidence submitted. Sec. After the time provided in the notice of hearing shall have expired, or within such further time as may have been allowed by the court, if there have been no appearances or answers to the petition, the petitioner may apply to the appropriate part or judge for a final order and judgment of registration, as provided for in the law. . produce a document stating clearly and concisely the issues asserted in the Personal service of initiating documents upon a party in an action that must be commenced electronically in accordance with this section shall be made as provided in Article 3 of the Civil Practice Law and Rules, or the Real Property Tax Law, or by electronic means if the party served agrees to accept such service. Any issues with respect to fault, custody and finance that are not specifically described in writing or on the record at that time may not be raised in the action unless good cause is shown. Nothing in this section shall prevent a judge from exempting an attorney from having to file and serve documents electronically in accordance with this section upon a showing of good cause therefor. Amended (a)-(e); added (f)-(g). In the event opposing papers are filed, the party applying for the preference may, within five days thereafter, serve and file in like manner papers in rebuttal. (b) The following shall apply to a special proceeding governed by this section: (1) Venue. A party served by electronic means shall, within 24 hours of service, provide the serving party or attorney with an electronic confirmation that the service has been effected. . In that event, examination after institution of the action may be waived. (1) Submissions pursuant to e-filing procedures shall have the same copyright, confidentiality and proprietary rights as paper documents. Part17 Notwithstanding any other provision hereunder: (1) a party may not use the EDDS to transmit documents in a court action or proceeding in a court in a county in which consensual or mandatory e-filing is available in such an action or proceeding, except that EDDS may be used in such a county for the purpose of (i) converting a pending action to e-filing in accordance with section 202.5-b(2)(iv) of these rules, (ii) transmitting exhibits for a conference, hearing, or trial; or (iii) any other use as may be authorized by the Chief Administrator. Historical Note filed: Feb. 16, 1988; Dec. 14, 1992 eff. (a) Dispositive motions to dismiss or motions for summary judgment; (e) In the event that the proponent of a motion for summary judgment fails to provide a statement of undisputed facts though required to do so, the court may order compliance and adjourn the motion, may deny the motion without prejudice to renewal upon compliance, or may take such other action as may be just and appropriate. (a) Parties shall strictly comply with discovery obligations by the dates set forth in all case scheduling orders. 202.21 Note of issue and certificate of readiness (d) Time Limitations. (a) Additional mailing of notice on an action arising from a consumer credit transaction. No default judgment based on defendant's failure to answer shall be entered unless there has been compliance with this subdivision and at least 20 days have elapsed from the date of mailing by the clerk. If a document to be annexed to an affidavit or affirmation is voluminous and only discrete portions are relevant to the motion, counsel shall attach excerpts and submit the full exhibit separately. A general calendar is for actions in which a note of issue and a certificate of readiness have been filed but which have not as yet been transferred to a pretrial conference calendar or a calendar containing cases that are ready for trial. (d) Result of Preference Being Granted. If plaintiff fails to make the motion, the defendant shall so move within 30 days after notice of such filing was given. (2) If a party intends to offer at trial expert evidence in rebuttal to any report, an expert's report shall be filed within 60 days after receipt of the document sought to be rebutted. Section 202.10 Appearance at Conferences. 202.39 [Reserved] (6) At the end of each round, those seated jurors who remain unchallenged shall be sworn and removed from the room. Checkbooks, stubs, cancelled checks and bank statements of such bank accounts shall be maintained at the office of the receiver or assignee, or his or her attorney, and shall be available for inspection by creditors or parties during business hours. Notwithstanding the following, no party shall be compelled, directly or indirectly, to participate in e-filing pursuant to this section. (iv) in a tax certiorari action in which the parties have stipulated to this procedure, it is an initiating document that is electronically filed without the signature of the signatory in a form provided above in this subparagraph, provided that, prior to filing, the document is signed in full in hard copy (which hard copy must be preserved until the conclusion of all proceedings, including appeals, in the case in which it is filed); (v) in a small claims assessment review proceeding, it is a petition recorded by the NYSCEF site upon the filing of a text file as provided in subdivision (b)(1) of this section, provided that prior to filing, the document was signed in full in hard copy (which hard copy must be preserved until the conclusion of all proceedings in the matter, including article 78 review and any appeals, and must be made available during the proceeding upon request of the respondent or the court); or. The total number of peremptory challenges to alternates may be exercised against any alternate, regardless of seat. Historical Note (1) Within 60 days after joinder of issued by all defendants named in the complaint in an action for medical, dental or podiatric malpractice, or after the time for a defaulting party to appear, answer or move with respect to a pleading has expired, the plaintiff shall obtain an index number and file a notice of such medical, dental or podiatric malpractice action with the appropriate clerk of the county of venue, together with: (i) proof of service of the notice upon all other parties to the action; (ii) proof that, if demanded, authorizations to obtain medical, dental and hospital records have been served upon the defendants in the action; (iii) copies of the summons, notice of appearance and all pleadings, including the certificate of merit if required by CPLR 3012-a; (iv) a copy of the bill of particulars, if one has been served; (v) a copy of any arbitration demand, election of arbitration or concession of liability served pursuant to CPLR 3045; and. interpretation for a person of limited English proficiency; The cost of such expert witness shall be paid by a party or parties as the court shall direct. Rule 29. filed: Oct. 23, 2000; Jan. 6, 2003 eff. In the event the parties wish to deviate from the Attorneys Eyes-Only form set forth in Appendix F, they shall submit to the Court a redline of the proposed changes and a written explanation of why the deviations are warranted in connection with the pending matter. Improving the process of litigation by instituting staggered court appearances, for example, requires not only the promulgation of rules such as this one, but also, and more importantly, the proactive and earnest adherence to such rules by parties and their counsel and the court. Compliance with section 202.16 of the Rules of the Chief Administrator (22 NYCRR 202.16) in matrimonial actions. The court presiding over a non-jury trial or hearing may direct that prior, or during, the trial or hearing, counsel for the parties consult in good faith to identify those aspects of their respective experts' anticipated testimony that are not in dispute. Part 30 paragraph: ORDERED AND ADJUDGED that pursuant to pursuant to the partiesSettlement Agreement dated __________________ OR the courts decision aftertrial, all parties shall duly execute all documents necessary to formally transfer title to real estate or co-op shares to the Plaintiff OR Defendant as set forth in the parties Settlement Agreement OR the court's decision after trial, including, without limitation. review proceed. (c) Statement of Income and Expenses. After such period, except in a tax assessment review proceeding, no such motion shall be allowed except for good cause shown. (4) The parties shall engage in settlement discussions in good faith to reach a mutually agreeable resolution, including a loan modification if possible, consistent with CPLR Rule 3408(f) The court shall ensure that each party fulfills its obligation to negotiate in good faith and shall see that conferences not be unduly delayed or subject to willful dilatory tactics so that the rights of both parties may be adjudicated in a timely manner. (f) A petition for the expenditure of the funds of an infant shall comply with CPLR Article 12, and also shall set forth: (1) a full explanation of the purpose of the withdrawal; (2) a sworn statement of the reasonable cost of the proposed expenditure; (4) the date and amounts of the infant's and parents' recovery; (6) the nature of the infant's injuries and present condition; (7) a statement that the family of the infant is financially unable to afford the proposed expenditures; (8) a statement as to previous orders authorizing such expenditures; and. (c) If so ordered, the parties shall submit to the court, before the commencement of trial, trial memoranda which shall be exchanged among counsel. (h) Entry of Orders and Judgments and Notice of Entry. will move this court (in Room _____) at the ___________ Courthouse, ___________ New York, on the _____day of ___________, 20 _____ , at _____ (a.m.) (p.m.) for an order (briefly indicate relief requested). Such correspondence shall not be considered by the court in reaching its decision on the merits of the motion. (a) Any party may request to appear at a conference by electronic means. Any scheduling and procedural issues shall be determined by the justice assigned to the case. (4) The administrative judge shall screen each applicant in conformance with the requirements set forth in section 731 of the Real Property Tax Law or section 19-152.3(d) of the Administrative Code of the City of New York, for qualifications, character and ability to handle the hearing officer responsibilities, and shall forward the names of recommended nominees, with a summary of their qualifications, to the Chief Administrator for appointment. Section 202.20-d Depositions of Entities; Identification of Matters. . There is no Settlement Agreement entered between the parties; and it is further There shall be no adjournment of a trial except for good cause shown. (b) If, prior to the return of the application, the court directs that the parties place their stipulation on the record, the transcript shall be filed as part of the papers. (3) Where more than one sheet of paper is necessary to contain the schedule of liabilities and inventory of assets required to be filed by the assignor or assignee, each page shall be signed by the person or persons verifying the same. Contested matrimonial (b) Unless otherwise ordered by the court, interrogatories are limited to the following topics: name of witnesses with knowledge of information material and necessary to the subject matter of the action, computation of each category of damage alleged, and the existence, custodian, location and general description of material and necessary documents, including pertinent insurance agreements, and other physical evidence. Electronic Filing in Supreme Court; Consensual Program, Electronic Filing in Supreme Court; Mandatory Program. All applications for judicial relief shall be made in the Supreme Court in the county where the real property subject to review is located. 202.16-a Matrimonial Actions; Automatic Orders (1) Service of initiating documents in an action. (2) Unless otherwise directed by the court, each electronically-submitted memorandum of law, affidavit and affirmation, exceeding 4500 words, which was prepared with the use of a computer software program, shall include bookmarks providing a listing of the document's contents and facilitating easy navigation by the reader within the document. Uncontested matrimonial (6) The Chief Administrator may provide for such orientation courses, training courses and continuing education courses for persons applying to be hearing officers and for persons serving on hearing officer Panels as the Chief Administrator may deem necessary and desirable. When a note of issue and certificate of readiness are filed pursuant to section 202.21 of this Part, in an action to which this section is applicable, the filing party, in addition to complying with all other applicable rules of the court, shall file with the note of issue and certificate of readiness an affirmation or affidavit, with proof of service on all parties who have appeared, showing specific compliance with the preliminary conference order or transcript. (c) Consultation Regarding Expert Testimony. Each party receiving the notification shall be responsible for accessing the NYSCEF site to obtain a copy of the document received. (1) Where the requirements of matters already assigned to a judge are such as to limit the ability of that judge to handle additional cases, the Chief Administrator may authorize that new assignments to that judge be suspended until the judge is able to handle additional cases. The County Clerk shall require the payment of any applicable statutory fees, or an order of the Court waiving payment of such fees, before accepting a paper for filing. Amended (k)(3) & (k)(7) on Oct. 5, 2010 202.59 Tax assess. If the Panel determines to direct coordination, it shall issue an administrative order identifying the actions that shall be coordinated. (g) Deposition testimony given pursuant to this Rule shall be usable against the entity on whose behalf the testimony is given to the same extent provided in CPLR 3117(2) and the applicable rules of evidence. (e) Ex parte motions submitted to a judge outside of the county where the underlying action is venued or will be venued shall be referred to the appropriate court in the county of venue unless the judge determines that the urgency of the motion requires immediate determination. 22. Sec. of guardians w respect . With respect to trials scheduled more than 60 days in advance, section 125.1(g) of the Rules of the Chief Administrator shall apply and the actual engagement of trial counsel in another matter will not be recognized as an acceptable basis for an adjournment of the trial. In the court's discretion, counsel may be requested to submit memoranda of law by e-mail or by other electronic means, such as by a computer flash drive, along with an original and courtesy copy. This open motion report may be used by the justice to assist in the preparation of his or her official quarterly report. The EDDS may be used for the transmission of documents in such courts and in such classes of cases, and for such purposes including the filing thereof with a court, as may be authorized by order of the Chief Administrator. For the avoidance of doubt, the safety of the parties and the witness shall take priority over all other criteria. (if any)________________________. (b) Assignments. (7) Exhibits and other documents in hard copy. an appropriate deed or other conveyance of title, and all other forms necessary to record such deed or other title documents (including the satisfaction or refinance of any mortgage if necessary) to convey ownership of the marital residence located at _____________________________, no later than _____________________; OR Not applicable; and it is further. The court may direct that prior to the pre-trial conference, counsel for the parties consult in good faith to identify those aspects of their respective experts' anticipated testimony that are not in dispute. An application by a receiver for final settlement of his or her account, or by an assignee for leave to sell assets, shall include a County Clerk's certificate stating the date that the bond of the applicant was filed, that it is still on file and that no order has been entered cancelling the bond or discharging the surety thereon. (4) User ID and password; use by authorized person. Except in cases before justices who require oral argument on all motions, the court will determine, on a case-by-case basis, whether oral argument will be heard and, if so, when counsel shall appear. Sec. (4) During the voir dire each attorney may state generally the contentions of his or her client, and identify the parties, attorneys and the witnesses likely to be called. (2) The assignee's attorney shall require the person in charge of the assignor's business to submit to examination under oath and shall complete such examinations within 30 days, unless extended by the court for good cause. 202.45 Resched. If, for any reason, counsel are not prepared to proceed on the scheduled date, the court is to be notified within ten days of the date on which counsel are given the trial date or, in extraordinary circumstances, as soon as reasonably practicable. (1) the number of depositions taken by plaintiffs, or by defendants, or by third-party defendants, shall be limited to 10; and Sec. 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