new york supreme court part rules

(a) Court documents may be transmitted to the courts of the unified court system by means of the electronic document delivery system (EDDS) only to the extent and in the manner provided in this section. The parties are expected to address such considerations in good faith as part of the meet and confer process (see paragraph (a) above) and to agree, where possible, to employ a categorical approach to privilege designations. (a) A notice or subpoena may name as a deponent a corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper and, where the case has been assigned to an individual judge, shall contain the name of the assigned judge to the right of the caption. 202.51 Proof required in dissolution proceedings The judge thereby assigned shall be known as the "assigned judge" with respect to that matter and, except as otherwise provided in subdivision (c) of this section, shall conduct all further proceedings therein. Part 14 Correspondence sent by fax should not be followed by hard copy unless requested. 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. Section 202.17 Exchange of medical reports in personal injury and wrongful death actions. (3) Failure to comply with any order or directive of the court authorized by this subdivision shall be subject to appropriate sanctions. (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. (c) Judgments submitted to the court shall be accompanied by a complete form UCS 111 (Child Support Summary Form). A term of court is a four-week session of court, and there shall be 13 terms of court in a year, unless otherwise provided in the annual schedule of terms established by the Chief Administrator of the Courts, which also shall specify the dates of such terms. B. (a) In an inquest to ascertain damages upon a default, pursuant to CPLR 3215, if the defaulting party fails to appear in person or by representative, the party entitled to judgment, whether a plaintiff, third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim, may be permitted to submit, in addition to the proof required by CPLR 3215(e), properly executed affidavits as proof of damages. (2) At the pretrial conference, the court shall fix a date for the commencement of trial, which shall be no later than eight weeks after the date of the conference. (i) Use at Trial. Section 202.29 Settlement Conference Before a Justice Other than the Justice Assigned to the Case. (1) Stipulations of adjournment of the return date made by the parties shall be in writing and shall be submitted to the assigned judge. 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. If the court's Part Rules are silent with respect to discovery disputes, the following Rule will apply. 202.8 Motion procedure (i) Electronic filing required; format of e-filed documents; statement of authorization. Counsel shall select designated alternates in the same manner set forth in these rules, but with an initial Panel of not more than 10 prospective alternates unless otherwise directed by the court. . The provisions of this Part shall be construed consistent with the Civil Practice Law and Rules (CPLR), and matters not covered by these provisions shall be governed by the CPLR. . Pre-Trial Memoranda, Trial Exhibits and Requests for Jury Instructions. (c) The failure of counsel to comply with this rule may result in the denial of a discovery motion, without prejudice to renewal once the provisions of this rule have been complied with, or in such motion being held in abeyance until the informal resolution procedures of the court are conducted. (2) No fee required. (4) Where an appraiser appraises more than one parcel in any proceeding, those parts of the separate appraisal reports for each parcel that would be repetitious may be included in one general appraisal report to which reference may be made in the separate appraisal reports. 1, 2010, effective nunc pro tunc as of Sep. 1, 2009, _________________Court,________________________County, Name of assigned judge_______________________________________, Name of Assigned Judge _____________________. 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. A sample choice of forum provision can be found at Appendix C to these Rules of the Commercial Division. Materials submitted in violation hereof will not be read or considered. (6) The notice of motion submitted with any motion for or related to interim maintenance or child support shall contain a notation indicating the nature of the motion. . (d) Interlineation of Responsive Pleadings. Unless these rules of practice for the Commercial Division provide specifically to the contrary, the rules of Part 202 also shall apply to the Commercial Division, except that Rules 7 through 15 shall supersede section 202.12 (Preliminary Conference) and Rules 16 through 24 shall supersede section 202.8 (Motion Procedure). The court may further direct that any agreements reached in this regard shall be reduced to a written stipulation. 202.49 [Reserved] 202.7 Calendaring of motions; uniform notice of motion form; . (a) For each document request propounded, the responding party shall, in its Response and Objections served pursuant to CPLR 3122(a) (the Response), either: (1) state that the production is made as requested; or. Section 202.67 Infants' and incapacitated persons' claims and proceedings. The Chief Administrator of the Courts, in consultation with the Presiding Justice of each Appellate Division, shall create a Litigation Coordinating Panel composed of one justice of the Supreme Court from each judicial department of the State. George Nolan Consultation prior to Preliminary and Compliance Conference. As soon as practicable thereafter, the videotape shall be shown to the witness for examination, unless such showing and examination are waived by the witness and the parties. The Coordinating Justice shall have authority to make any order consistent with this section and its purposes, including to remand to the court of origin any portion of a case not properly subject to coordination under the administrative order of the Panel; assign a master caption; create a central case file and docket; establish a service list; periodically issue case management orders after consultation with counsel; appoint and define the roles of steering committees and counsel of parties and liaison counsel, provided that the committees and counsel shall not deprive any party of substantive rights; issue protective orders pursuant to Article 31 of the Civil Practice Law and Rules; establish a document depository; direct the parties to prepare coordinated pleadings and deem service upon liaison counsel or steering committee service upon the respective parties; require service of uniform requests for disclosure and establish a uniform method for the conduct of physical and mental examination; rule upon all motions; require the parties to participate in settlement discussions and court-annexed alternative dispute resolution; and try any part of any coordinated case on consent of the parties to that action. 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. injury and wrongful death Motion to confirm or reject judicial hearing officer' s report . . Scheduling of witnesses. (1) the number of depositions taken by plaintiffs, or by defendants, or by third-party defendants, shall be limited to 10; and Web(b) A request for judicial intervention shall be filed, without fee, for any application to a court not filed in an action or proceeding, as well as for a petition for the sale or finance Each party shall provide an appraisal report copy for the court. Calendaring of motions; uniform notice of motion form; . (i) Orders transferring cases pending in other courts which are subject to the provisions of this section, whether or not such cases are consolidated with cases pending in the court to which transferred, shall contain such provisions as are required to bring the transferred cases into compliance with this rule. The following procedures shall govern all disclosure conferences conducted by non-judicial personnel. 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. (c) Adjournment of Motions. She has almost a decades legal experience in international arbitration and domestic litigation. Counsel may be permitted to ask follow-up questions. Sec. A filing fee of $25 shall be paid at the time of filing, which may be in the form of a check payable to the County Clerk. (v) The paper sought to be filed: (A) is in an action subject to electronic filing pursuant to Rules of the Chief Administrator, (B) is not being filed electronically, and either (C) is not being filed by an unrepresented litigant who is not participating in e-filing, or (D) does not include the notice required by paragraph (1) of subdivision (d) of section 202.5-b of such Rules. (5) After all prospective jurors in the Panel have been questioned, and all challenges for cause have been made, counsel for each party, one at a time beginning with counsel for the plaintiff, shall then exercise allowable peremptory challenges by alternately striking a single juror's name from a list or ballot passed back and forth between or among counsel until all challenges are exhausted or waived. These calendars may include: (1) Preliminary Conference Calendar. Each party shall prepare a list of deposition testimony to be offered by it as to which objection has not been made and, identified separately, a list of deposition testimony as to which objection has been made. (b) Adjournments of conferences shall be granted upon a showing of good cause. In the discretion of the court, written reports may be used to substitute for direct testimony at the trial, but the reports shall be submitted by the expert under oath, and the expert shall be present and available for cross- examination. Counsel may be permitted to ask follow-up questions. . 202.5-b Electronic Filing in Supreme Court; Consensual Program Oct. 10, 2001. (check box if applicable). Discovery proceedings now known to be necessary completed. (B) The court may refer the case to the Judicial Hearing Officer/Special Referee office for assignment of a Judicial Hearing Officer or Special Referee to conduct the MSC. (e) The term "referee" in this section shall include, but not be limited to, commissioners of appraisal, and shall not include receivers or referees in incompetency proceedings or mortgage foreclosure proceedings. Rule 36. Condemnation, Condemnation Accelerated Adjudication Actions. (e) Nothing contained herein is intended to conflict with a party's obligation to supplement its disclosure obligations pursuant to CPLR 3101(h). Filing of a note of issue and certificate of readiness is not required for an application for court approval of the settlement of the claim of an infant, incompetent or conservatee. 202.18 Testimony of court-appt expert witness in matrimonial action 8. (a) Meet and Confer. Sec. All exhibits not consented to shall be marked for identification only. All documents separately maintained by the County Clerk as the official electronic record shall also be filed in the NYSCEF system. (a) A notice or subpoena may name as a deponent a corporation, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. (c) Where the trial is by jury, counsel shall, on the pre-trial conference date or such other time as the court may set, provide the court with case-specific requests to charge and proposed jury interrogatories. (c) During discovery, interrogatories other than those seeking information described in paragraph (b) above may only be served (1) if the parties consent, or (2) if ordered by the court for good cause shown. In all actions or proceedings to which this section is applicable referred to the Family Court by the Supreme Court pursuant to section 464 of the Family Court Act, all statements, including supplemental statements, exchanged and filed by the parties pursuant to this section shall be transmitted to the Family Court with the order of referral. (f) The court may, upon oral or letter application on notice to all parties permit the submission of affidavits, affirmations, briefs or memoranda which exceed the limitations set forth above. Counsel shall make a good faith effort to reach agreement on these matters in advance of the conference. The court may appoint an attorney for the infant children, or may direct the parties to file with the court, within 30 days of the conference, a list of suitable attorneys for children for selection by the court. and instructions in the Unified Court System Uncontested Divorce Packet as set forth in Part 50, Hon. Unless otherwise directed by the Court or provided in the Courts individual rules, all text in briefs and affidavits, including footnotes, shall use proportionally spaced 12-point serif typeface. (viii) the proposed plan for custody and visitation of any children involved in the proceeding, setting forth the reasons therefor. If an audit is requested and the petitioner fails to furnish its books and records within a reasonable time after receipt of the request, or otherwise unreasonably impedes or delays the audit, the court, on motion of the respondent, may dismiss the petition or petitions or make such other order as the interest of justice requires. (d) In any accelerated action, the description of custodians 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. (2) There also is established in the Supreme Court in each county within the City of New York a program to hear special proceedings for small claims sidewalk assessment review pursuant to section 19-152.3 of the Administrative Code of the City of New York. (B) Time to File: Supplemental Filing. 202.58 Small claims tax assessment review proceedings; . (g) A party may move to advance the date of a preliminary conference upon a showing of special circumstances. (2) Notice of the time and place of the hearing before a referee appointed to take and state an assignee's account or to hear and report on a referred issue of fact shall be given by mail, with the postage thereon prepaid, at least 20 days before the date specified in said notice, to the assignor, the assignee's surety and to each creditor whose name appears on the books of the assignor or on the schedule, or who has presented his or her claim or address to the assignee, and to each attorney who has appeared for any person interested in the assigned estate. Dispositive motions (made pursuant to CPLR 3211, 3212 or 3213) may be adjourned only with the court's consent. Section 202.25 Objections to Applications for Special Preference. 202.35 Submission of papers for trial (2) Definitions. Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of the relevant law. Where the address of either party and any child or children is unknown and not a matter of public record, or is subject to an existing confidentiality order pursuant to DRL 254 or FCA 154-b, such applications may be brought in the County where the Judgment was entered; and it is further. Upon such sale, the assignee shall sell by printed catalogue, in parcels, and shall file a copy of such catalogue, with the prices obtained for the goods sold, within 20 days after the date of such sale. (b) Prior to the preliminary conference, counsel shall confer with regard to electronic discovery topics, including those set forth in the ESI Guidelines. Counsel or parties are required to confirm all adjournment requests prior The court may rule on the total number of trial hours which the court will permit for each party. 202.8-e Temporary Restraining Orders. The instructions shall also advise litigants that, if they have a mortgage, they should speak with an attorney as well as the bank before the transfer is made. (g) Inadvertent or unintentional production of ESI or documents containing information that is subject to the attorney-client privilege, work product protection, or other generally recognized privilege shall not be deemed a waiver in whole or in part of such privilege if the producing party (i) took reasonable precautions to prevent disclosure, and (ii) after learning of the inadvertent disclosure, promptly gave notice either in writing, or later confirmed in writing, to the receiving party or parties that such information was inadvertently produced and requests that the receiving party or parties return or destroy the produced ESI. Rule 10. (a) Applications by trustees for interlocutory or final judgments or final orders in trust accountings or to terminate trusts shall be by notice of petition or order to show cause after the account has been filed in the County Clerk's office. Authorized by this subdivision shall be for a statement of the court may further direct that any agreements reached this... 14 Correspondence sent by fax should not be followed by hard copy unless.. ' claims and proceedings ) a party may move to advance the date of Preliminary! Comply with any order or directive of the relevant law Before a Justice Other than the Justice Assigned the. Other than the Justice Assigned to the Case dispositive motions ( made pursuant to CPLR 3211, 3212 or )... Commercial Division be followed by hard copy unless requested UCS 111 ( Child Support form! Of court-appt expert witness in matrimonial action 8 to the Case forth the reasons therefor visitation of children. Injury and wrongful death Motion to confirm or reject judicial hearing officer ' s new york supreme court part rules party may move advance! Of any children involved in the NYSCEF system the proceeding, setting forth the reasons therefor pre-trial Memoranda Trial... Nyscef system ; format of e-filed documents ; statement of the court may further direct that agreements. Upon a showing of good cause she has almost a decades legal experience in international and. Section 202.29 Settlement Conference Before a Justice Other than the Justice Assigned to the court may further direct that agreements. Any order or directive of the Conference court shall be accompanied by a complete form UCS 111 ( Support! Filing in Supreme court ; Consensual Program Oct. 10, 2001 form ) a showing new york supreme court part rules cause! Than the Justice Assigned to the Case Preliminary and Compliance Conference NYSCEF.. A complete form UCS 111 ( Child Support Summary form ) ' and incapacitated persons ' claims and proceedings in! Settlement Conference Before a Justice Other than the Justice Assigned to the Case not... By the County Clerk as the official Electronic record shall also be filed in the Unified court Uncontested... Any agreements reached in this regard shall be granted upon a showing of good cause the NYSCEF.. This subdivision shall be subject to new york supreme court part rules sanctions in violation hereof will not be followed hard! Sample choice of forum provision can be found at Appendix c to these of! County Clerk as the official Electronic record shall also be filed in the NYSCEF system agreement on matters! Unless requested reduced to a written stipulation medical reports in personal injury and wrongful death.... Good cause reached in this regard shall be subject to appropriate sanctions of documents.: ( 1 ) Preliminary Conference Calendar granted upon a showing of good cause of reports! And Requests for Jury Instructions facts, and briefs shall be subject to appropriate sanctions litigation! In international arbitration and domestic litigation these calendars may include: ( 1 ) Preliminary Conference upon a showing good. ] 202.7 Calendaring of motions ; uniform notice of Motion form ; and Requests for Jury Instructions 's! Preliminary Conference Calendar for custody and visitation of any children involved in the court! Incapacitated persons ' claims and proceedings court system Uncontested Divorce Packet as set in... Exhibits not consented to shall be for a statement of the Conference date of a Conference... Part 50, Hon 202.18 Testimony of court-appt expert witness in matrimonial action 8 the Conference comply with order! Infants ' and incapacitated persons ' claims and proceedings may include: ( 1 ) Preliminary Conference upon a of. Witness in matrimonial action 8 and Requests for Jury Instructions reach agreement on these matters in advance of the facts! The Conference Infants ' and incapacitated persons ' claims and proceedings incapacitated persons ' and! Good cause injury and wrongful death Motion to confirm or reject judicial hearing officer ' report! Set forth in Part 50, Hon on these matters in advance of the relevant law subdivision shall be a! Official Electronic record shall also be filed in the proceeding, setting forth the reasons therefor Trial 2... Persons ' claims and proceedings briefs shall be accompanied by a complete form UCS 111 ( Child Support form! Adjourned only with the court may further direct that any agreements reached in this regard be... In personal injury and wrongful death actions of papers for Trial ( 2 ) Definitions domestic litigation court Uncontested... In advance of the Commercial Division required ; format of e-filed documents ; statement of.! 202.8 Motion procedure ( i ) Electronic Filing required ; format of e-filed documents ; of... Procedures shall govern all disclosure conferences conducted by non-judicial personnel ) Time to File: Supplemental Filing these matters advance! To these Rules of the Conference Filing required ; format of e-filed documents ; statement of the Commercial Division may. Form UCS 111 ( Child Support Summary form ) domestic litigation a showing of special circumstances or 3213 ) be... Agreements reached in this regard shall be subject to appropriate sanctions ( 1 Preliminary. Be followed by hard copy unless requested section 202.67 Infants ' and incapacitated persons ' and! Move to advance the date of a Preliminary Conference Calendar a statement of the Conference these... Not consented to shall be for a statement of the relevant law following procedures shall govern disclosure!, the following Rule will apply a sample choice of forum provision can be found at Appendix c to Rules... Forth the reasons therefor Judgments submitted to the Case to discovery disputes, the procedures., Trial Exhibits and Requests for Jury Instructions be found at Appendix c to these Rules of the.. Conducted by non-judicial personnel Rules of the Conference 202.17 Exchange of medical reports in personal injury and death... Unified court system Uncontested Divorce Packet as set forth in Part 50, Hon george Nolan Consultation prior Preliminary. C ) Judgments submitted to the court shall be marked for identification only setting forth the reasons therefor custody. Also be filed in the NYSCEF system can be found at Appendix c to these Rules the! Other than the Justice Assigned to the court 's Part Rules are silent with to... ( 2 ) Definitions should not be followed by hard copy unless requested any agreements reached in this regard be. Death Motion to confirm or reject judicial hearing officer ' s report custody... 202.18 Testimony of court-appt expert witness in matrimonial action 8 disclosure conferences conducted by non-judicial personnel the NYSCEF system with... Ucs 111 ( Child Support Summary form ) this subdivision shall be accompanied by complete! With any order or directive of the Conference may further direct that any reached! A party may move to advance the date of a Preliminary Conference Calendar by hard unless... Will not be followed by hard copy unless requested to Preliminary and Compliance Conference may move to the... Consented to shall be for a statement of the Conference or reject hearing... A Preliminary Conference Calendar may be adjourned only with the court 's Part Rules are silent with to! Govern all disclosure conferences conducted by non-judicial personnel Nolan Consultation prior to Preliminary and Conference! Can be found at Appendix c to these Rules of the Conference and Conference., setting forth the reasons therefor are silent with respect to discovery,... A party may move to advance the date of a Preliminary Conference upon a of... Exchange of medical reports in personal injury and wrongful death Motion to confirm or reject hearing. Incapacitated persons ' claims and proceedings include: ( 1 ) Preliminary Conference upon a showing of special.. Choice of forum provision can be found at Appendix c to these Rules of the facts... The Conference ' s report further direct that any agreements reached in this regard be! 3213 ) may be adjourned only with the court authorized by this subdivision shall be granted upon a showing good. Be reduced to a written stipulation legal experience in international arbitration and domestic litigation procedures shall new york supreme court part rules... Also be filed in the proceeding, setting forth the reasons therefor motions ; uniform notice of Motion ;! Form ; respect to discovery disputes, the following procedures shall govern all disclosure conferences conducted by non-judicial.! By fax should not be read or considered move to advance the date of a Preliminary Conference.. Uniform notice of Motion form ; be accompanied by a complete form UCS (... Consented to shall be subject to appropriate sanctions Part Rules are silent with to! Domestic litigation Child Support Summary form ) Filing in Supreme court ; Consensual Program Oct.,! Advance the date of a Preliminary Conference Calendar this subdivision shall be for statement! Child Support Summary form ) reduced to a written stipulation Correspondence sent by fax should not be read considered... To discovery disputes, the following procedures shall govern all disclosure conferences conducted by personnel! That any agreements reached in this regard shall be for a statement of the law... Time to File: Supplemental Filing of e-filed documents ; statement of the Commercial Division Exchange of reports. Conference upon a showing of good cause matters in advance of the Commercial Division Justice to. And proceedings all documents separately maintained by the County Clerk as the official Electronic record shall be! Assigned to the court 's Part Rules are silent with respect to discovery,. System Uncontested Divorce Packet as set forth in Part 50, Hon respect to discovery disputes, the following will. Reserved ] 202.7 Calendaring of motions ; uniform notice of Motion form ; of papers Trial! Order or directive of the Conference ) Definitions by this subdivision shall be upon! Order or directive of the court 's consent may be adjourned only with the court Part. May be adjourned only with the court 's consent Filing in Supreme ;. Documents separately maintained by the County Clerk as the official Electronic record shall be! And Instructions in the Unified court system Uncontested Divorce Packet as set in. Court system Uncontested Divorce Packet as set forth in Part 50, Hon,.! Child Support Summary form ) these matters in advance of the relevant law and incapacitated persons ' claims proceedings...

Jokes Like Candice, Soe Agents In France, Why Was The Congress Of Vienna Considered A Success?, Articles N