202.16-b Submission of Written Applications in Contested Matrimonial Actions. The counsel last able to exercise a peremptory challenge in a round is not confined to the exercise of a single challenge but may then exercise one or more peremptory challenges. All information required by CPLR 3101(d)(1)(i) is attached, a request for such information has not been made. (D) The parties may agree to engage a private neutral. 202.3 Individual assignment system; structure plaintiff to revisit the documents to again state, clearly and concisely, the issues (i) In a small claims tax assessment review proceeding, if the assessment is reduced by an amount equal to or greater than half the reduction sought, the hearing officer shall award the petitioner costs against the respondent assessing unit in the amount of $25. In such event, each working copy shall include, firmly affixed thereto, a copy of a confirmation notice in a form prescribed by the Chief Administrator. Rule 11-f. Depositions of Entities; Identification of Matters. The length of the time slot allotted to each matter is solely in the discretion of the court. Where an order for relief pursuant to section 503 of Title 11 of the United States Code has been entered, the assignee shall file with the clerk a certified copy of such petition in bankruptcy, together with proof by affidavit on the part of the assignee showing that he has turned over all assets of the assigned estate to the trustee or receiver in bankruptcy. 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. Section 202.54 Proceedings relating to appointments of guardians with respect to patients in facilities defined in the Mental Hygiene Law. (a) To the maximum extent possible, discovery disputes should be resolved through informal procedures, such as conferences, as opposed to motion practice. Amendedsections 202.12(b) and 202.12(c)(3) on Sept 23, 2013, 202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference. Small claims tax assessment review proceedings; . (i) from the Supreme Court and County Court of Suffolk County to the District Court of Suffolk County. Added 202.70 on Jan. 17, 2006, Amended Rule 13 of section 202.70(g) on Sept 23, 2013 (i) Who may register. (b) In such a case, the papers opposing a motion for summary judgment shall include a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party and, if necessary, additional paragraphs containing a separate short and concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried. Linda J. Kevins (d) Jurisdictional motions where issues, including application of long arm jurisdiction, may be dispositive; (b) Papers submitted in digital format. 8. (1) Where the condemnor puts in issue the existence of any item in the inventory, the appraisal submitted on its behalf shall so state. The request shall state the title of the action; index number; names, addresses and telephone numbers of all attorneys appearing in the action; and the nature of the action. (1-b) Both parties personally must be present in court at the time of the conference, and the judge personally shall address the parties at some time during the conference. filed April 3, 1989 eff. In other respects, electronic discovery shall proceed as set forth in Rule 11-c. (i) the production of electronic documents shall normally be made in a searchable format that is usable by the party receiving the e-documents; (ii) the description of custodians from whom electronic documents may be collected shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute; and. Sec. (4) Effective July 1, 2015, the affidavits set forth in subsection (d) shall be required in all debt buyer actions notwithstanding that the debt was purchased from an original creditor before October 1, 2014. If a cross-motion is contemplated, a similar motion notice letter shall be forwarded to the court and counsel. (b) Application for Final Order and Judgment of Registration. The Administrative Judge may designate a justice from another local jurisdiction as a Coordinating Justice with the approval of the Administrative Judge thereof. 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. Motions for Summary Judgment; Statements of Material Facts. If all parties sign the form and return it to the court before the scheduled preliminary conference, such form shall be "so ordered" by the court, and, unless the court orders otherwise, the scheduled preliminary conference shall be cancelled. Sec. Tax and Condemnation Part Rules. Finally, the work of the Commercial Division has prospered through the strong cooperative spirit of the bar practicing before it. The operator may be an employee of the attorney taking the deposition. A court may deny or modify disproportionate requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final judgment. of triable issues and proceedings to judicial hearing . (7) Military Calendar. No later than the close of business on the business day following the electronic filing of a document, a notification, in a form prescribed by the Chief Administrator, shall be transmitted electronically by the NYSCEF site to the person filing such document and the e-mail service addresses of all other participating parties in such action.When documents initiating an action are filed electronically, the County Clerk shall assign an index number or filing number to the action and that number shall be transmitted to the person filing such documents as part of the notification. 202.43 Ref. (1) Exemption of unrepresented litigants. 202.40 Jury trial of less than all issues; procedure No proposed order should be submitted with motion papers on a dispositive motion. (c) Prior to the making or filing of a motion, counsel for the moving party shall advise the Court in writing (no more than two pages) on notice to opposing counsel outlining the issue(s) in dispute and requesting a telephone conference. 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). 202.64 Election Law proceedings Fees and expenses of experts shall include appraisal, accounting, actuarial, investigative and other fees and expenses (including costs for processing of NYSCEF documents because of the inability of a self-represented party that desires to e-file to have computer access or afford internet accessibility) to enable a spouse to carry on or defend a matrimonial action or proceeding in the Supreme Court. (5) Every assignee shall keep full, exact and regular books of account of all receipts, payments and expenditures of monies. The trial of such issues shall be had and the subsequent proceedings in relation thereto shall be such as are prescribed by the CPLR. All motions under this rule may be made on affidavits of attorneys, shall be made on notice, and shall be granted or denied on such terms as to costs, calendar position and dates of compliance with any provision of this rule as the court in its discretion shall direct. (b) If the requirements of paragraph (c) of this Rule are met, the court may, with the consent of the parties, permit a witness or party to participate in anevidentiary hearing or a non-jury trial utilizing video technology. The moving party shall give written notice of the index number to all other parties immediately after filing of the papers. (i) Where the court (or a referee ordered by the court) makes a written finding that the allegations of the petition are established, it shall deliver a judgment, which shall include such finding and shall direct the expungement or redaction of the financing statement found therein to be falsely filed or amended in the public office in which it was filed; and may grant any additional relief sought that is authorized under section 9-625 of the Uniform Commercial Code. Lynn Kotler, J.S.C. 202.32 Engagement of counsel (1) To assist in preparing the quarterly report of pending civil matters required by section 4.1 of the Rules of the Chief Judge, the Chief Administrator of the Court or his or her designee shall provide to a justice of the Supreme Court, upon request, an automated open motion report of all motions pending before the justice which appear undecided 60 days after final submission. the actual home address of the parties to the matrimonial action and their children; iii. Where the requested charge is from the New York Pattern Jury Instructions - Civil, a reference to the PJI number will suffice. (3) More than one camera may be used, either in sequence or simultaneously. (2) Judicial hearing officers appointed to hear proceedings pursuant to this section shall receive compensation as provided in section 122.8 of the rules of the Chief Administrator, or such other compensation as the Chief Administrator may direct. Whenever documents are filed electronically that require the payment of a filing fee, the person who files the documents shall provide therewith, in payment of the fee: (i) such credit card information as shall be required at the NYSCEF site to permit a card to be charged by the County Clerk; or (ii) the form or information required by the County Clerk to permit him or her to debit an account maintained with the County Clerk by an attorney or law firm appearing for a party to the action; or (iii) such information as shall be required at the NYSCEF site to permit an automated clearing house debit to be made; or (iv) any other form of payment authorized by the Chief Administrator. 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. GUIDELINES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI) FROM NONPARTIES. filed Feb. 16, 1988 eff. (b) If appellant does not comply herewith, the County Court may, upon respondent's motion or upon its own motion, dismiss the appeal. Correspondence sent by fax should not be followed by hard copy unless requested. 6. (c) When may the EDDS be used. There is no Settlement Agreement entered between the parties; and it is further (a) General. A party may serve such documents electronically by filing them with the NYSCEF site and thus causing transmission by the site of notification of receipt of the documents, which shall constitute service thereof by the filer. All sales of real estate or an interest therein, made pursuant to a judgment, decree or order, or by an officer of the court under its direction, shall be made pursuant to section 231 of the Real Property Actions and Proceedings Law, after notice as prescribed in that section. If a medical malpractice action, there has been compliance with any order issued pursuant to section 202.56 of the Rules of the Chief Administrator (22 NYCRR 202.56). Christopher Modelewski (3) In such county or counties as the Chief Administrator shall direct, in the event that a plaintiff fails to file proof of service of the summons and complaint in a residential mortgage foreclosure action with the county clerk within one hundred twenty days after the commencement of the action, or fails to file the RJI at the time of the filing of proof of service, the county clerk shall provide the Chief Administrator with the case name, index number, property address, and contact information of parties and counsel in the action. Section 202.13 Removal of actions without consent to courts of limited jurisdiction. Justices, judicial hearing officers, referees and alternative dispute resolution (ADR) neutrals in 214-g Parts shall receive training in subjects related to sexual assault and the sexual abuse of minors, pursuant to a curriculum and format approved by the Office of Court Administration. WebNEW YORK COUNTY LAWYERS ASSOCIATION COMMITTEE ON THE SUPREME COURTS COMMENTS ON AMENDMENTS TO THE COMMERCIAL DIVISION RULES . (i) No action or proceeding to which this section is applicable shall be deemed ready for trial unless there is compliance with the provisions of this section and any order issued pursuant thereto. (f) The individual(s) designated must testify about information known or reasonably available to the entity. Pre-Trial Memoranda, Trial Exhibits and Requests for Jury Instructions. Donate enough money, and you can get direct access to the nine justices. (b) The court may further direct, if a defendant filed a motion to dismiss and the court dismissed some but not all of the causes of action, plaintiff and counterclaim In such case the proponent may cause both the original videotape recording and a marked version of that recording, each clearly identified, to be filed with the clerk of the trial court, and shall do so at the request of any party. (e) A subpoena must advise a nonparty entity of its duty to make the designations discussed in this Rule. . May 26, 1998. (b) By a date agreed to by the parties or at such time set by the Court, the responding party shall serve the Responses contemplated by Rule 11-e(a)(ii), which shall set forth specifically: (i) whether the objection(s) interposed pertains to all or part of the request being challenged; (ii) whether any documents or categories of documents are being withheld, and if so, which of the stated objections forms the basis for the responding party's decision to withhold otherwise responsive documents or categories of documents; and (iii) the manner in which the responding party intends to limit the scope of its production. If requested, the audit must be completed within 120 days after the request has been made unless the court, upon good cause shown, extends the time for the audit. (6) At the first conference held pursuant to CPLR Rule 3408, the court shall determine if the defendant has answered the complaint and shall provide defendants who have not answered information as mandated by CPLR Rule 3408(1). section. (d) Where the plaintiff is a debt buyer, the plaintiff must submit the AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF, the AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR and, if applicable, the AFFIDAVIT OF PURCHASE AND SALE OF ACCOUNT BY DEBT SELLER for each debt seller who owned the debt prior to the plaintiff. (c) Statement of Income and Expenses. After the submission of letters, the court will schedule a telephone or in-court conference with counsel. The court may also use the conference for whatever other purposes the court deems appropriate. Martha L. Luft Part 50. If such stipulation is not returned signed by all parties, the parties shall appear at the conference. The print size of footnotes shall be no smaller than 10 point. Sec. (e) Presence of Judge at the Voir Dire. Unless the court orders otherwise, no motion may be adjourned on consent more than three times or for a cumulative total of more than 60 days. In establishing the method and scope of electronic discovery, the court may consider the following non-exhaustive list, including but not limited to: of guardians w respect . (ix) the scope or method for searching and reviewing ESI; and (f) No case otherwise eligible to be noticed for trial may be noticed unless there has been compliance with this rule, or an order dispensing with compliance or extending the time therefor has been obtained; or, where the party to be examined was served a notice as provided in subdivision (a) of this section, and the party so served has not responded thereto. (a) Meet and Confer. Should the provisional bond already filed be deemed sufficient, an order may be granted making such bond, as approved, the final bond. (8) If counsel objects to anything said or done by any other counsel during the selection process, the objecting counsel shall unobtrusively request that all counsel step outside of the juror's presence, and counsel shall make a determined effort to resolve the problem. (ii) The court may, in respect to objectionable material, instead of ordering its deletion, permit such material to be clearly marked so that the audio recording may be suppressed by the operator during the objectionable portion when the videotape is presented at the trial. Where appropriate, the Coordinating Justice, while respecting the rights of parties under the Civil Practice Law and Rules, may require that discovery in the cases coordinated pursuant to this section proceed jointly or in coordination with discovery in the Federal or other states' actions. The court may permit a greater number of alternates if a lengthy trial is expected or for any appropriate reason. For each category of documents that may be established, the producing party shall provide a certification, pursuant to 22 NYCRR 130-1.1a, setting forth with specificity those facts supporting the privileged or protected status of the information included within the category. A pretrial conference calendar is for actions awaiting conference after the note of issue and certificate of readiness have been filed. (2) Original creditor means the financial institution that owned the consumer credit account at the time the account was charged off, even if that financial institution did not originate the account. 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. in counties outside the NYC . Since then, they have served as the central rationale for the Divisions commitment to excellence in the administration of the rule of law in business in New York. Upon completion of jury selection, or upon removal of a prospective juror, the questionnaires shall be either returned to the respective jurors or collected and discarded by court staff in a manner that ensures juror privacy. (i) lacks the computer hardware and/or connection to the Internet and/or scanner or other device by which documents may be converted to an electronic format; or The estimates of the length of testimony and the order of witnesses provided by counsel are advisory only and the court may permit witnesses to be called in a different order and may permit further testimony from a witness notwithstanding that the time estimate for such witness has been exceeded. Motions in Limine. (c) Method of Jury Selection. (i) Involuntary Petition in Bankruptcy of the Assigned Estate. (B) Time to File: Supplemental Filing. The waiver, which shall recite that medical reports have been exchanged and that all parties waive further physical examination, shall be filed with the note of issue. Except as otherwise provided in this section, filing and service of all documents in an action that has been commenced electronically in accordance with this section shall be by electronic means. (2) a copy of the bill of particulars, if any. (5) all other papers material to the application. The Coordinating Justice, sua sponteor upon motion by any party, may terminate coordination, in whole or in part, if the Justice determines that coordination has been completed or that the purposes of this section can be best advanced by termination of the coordination. No paper shall be removed from the files of the court except by order of the court. The court may require the parties to provide working copies of documents filed electronically. Orders to Show Cause. [Reserved] [Previous rule repealed in June 2020]. If it is deemed necessary, affidavits of disinterested experts as to the claimed values must be furnished; and if such schedule and inventory are filed by the assignee, they must be accompanied by affidavits made by such assignee and by some disinterested expert showing, in detail, the nature and value of the property assigned. Address: (1) Part 202 shall be applicable to civil actions and proceedings in the Supreme Court, including, but not limited to, matrimonial actions and proceedings, except as otherwise provided in this section 202.16 and in sections 202.16-a, 202.16-b, and 202.18, which sections shall control in the event of conflict. Tax assess. Procedure for perfection of civil appeals to the County Court, Medical, dental and podiatric malpractice actions; special rules, Judicial review of orders of the State Division of Human Rights. Rule 22. Counsel shall comply with CPLR 2103(e). Prior to Trial, counsel shall confer in a good faith effort to identify matters not in contention, resolve disputed questions without need for court intervention and further discuss settlement of the case. (1) Proceedings pursuant to Title 1-A of Article 7 of the Real Property Tax Law may be heard and determined by a judicial hearing officer. The proponent, after causing the videotape to be edited in accordance with the court's instructions, may cause both the original videotape recording and the deleted version of the recording, clearly identified, to be filed with the clerk of the trial court, and shall do so at the request of any party. (iv) implementation of a preservation plan for potentially relevant ESI; Section 202.36 Absence of attorney during trial. action. 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. (i) The Panel shall issue a written decision on each application. The This subdivision shall not apply to a reference to a special referee or a judicial hearing officer or to a reference to a referee in an uncontested matrimonial action. (1) At the time that proof of service of the summons and complaint is filed with the county clerk, plaintiff shall file with the county clerk a specialized request for judicial intervention (RJI), on a form prescribed by the Chief Administrator of the Courts, applicable to residential mortgage foreclosure actions covered by this section. (b) Where a bifurcated trial is ordered, the issues of liability and damages shall be severed and the issue of liability shall be tried first, unless the court orders otherwise. Provided, however, that where an unrepresented litigant chooses to participate in e-filing in accordance with these rules, he or she may at any time opt out of such participation by presenting the clerk of the court with a form so declaring. Rule 18. (5) Working copies. Oct. 1, 2014, Section 202.27-b Additional Mailing of Notice on an Action Arising from a Consumer Credit Transaction (Uniform Civil Rules for the Supreme Court and the County Court). (ii) The summons, complaint, petition, or judgment sought to be filed with the County Clerk contains an "et al" or otherwise does not contain a full caption; Section 202.55 Procedure for perfection of civil appeals to the County Court. (a) Within 20 days of the filing of the note of issue, if the notice of motion for a special preference is filed therewith, or within 10 days of the service of a notice of motion to obtain a preference, if served and filed subsequent to service and filing of the note of issue, any other party may serve upon all other parties, and file with the court affidavits and other relevant papers, with proof of service, in opposition to granting the preference. (1) On consent, documents may be filed and served by electronic means in Supreme Court in such civil actions and in such counties as shall be authorized by order of the Chief Administrator of the Courts and only to the extent and in the manner provided in this section. (vii) Except for affidavits of net worth (pursuant to 22 NYCRR 202.16 (b)), retainer agreements (pursuant to Rule 1400.3 of the Joint Rules of the Appellate Division), maintenance guidelines worksheets and/or child support worksheets, or counsel fee billing statements or affirmations or affidavits related to counsel fees (pursuant to Domestic Relations Law 237 and 22 NYCRR 202.16(k)), all of which may include attachments thereto, all exhibits annexed to any motion, cross motion, order to show cause, opposition or reply may not be greater than three (3) inches thick without prior permission of the court. Further, notwithstanding the time periods set forth in subdivisions (d) and (e) of this section, for good cause shown for the delay a party may seek the transfer of a case to the Commercial Division by letter application (with a copy to all parties) to the Administrative Judge. filed: Feb. 16, 1988; Dec. 14, 1992 eff. (1) Registration required. Again, the Commission is satisfied that the Amended Motion for Reconsideration does not state any basis on which the Decision and Order was erroneous or unlawful under the Act or regulations. (3) The papers in each proceeding shall be kept in a separate file, as required by section 18 of the Debtor and Creditor Law. (c) Automatic Orders. Documents in a foreign language shall be translated as required by CPLR 2101(b). You should respond to the lawsuit as soon as possible by filing an answer. You may wish to contact an attorney. Notwithstanding the foregoing, in an action for custody, visitation, contempt, order of protection or exclusive occupancy, however, except as provided in NYCRR 202.18, a party or a partys own witness may not testify on direct examination by affidavit.
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