(a) Unless otherwise stipulated to by the parties or ordered by the court: In an as-applied case in New York state, the New York Supreme Court (which, confusingly, is not the states highest court, thats the Court of Appeals) ruled that the A response from a juror that requires further elaboration may be the subject of further questioning of that juror by counsel on an individual basis. (iii) identification of potentially relevant sources of ESI and whether the ESI is reasonably accessible; Where an action is subject to e-filing and a party (other than an unrepresented litigant who is not participating in e-filing) or attorney seeks to file a document therein in hard copy, such document shall include, on a separate page firmly affixed thereto, a notice of hard copy submission, in a form approved by the Chief Administrator, that states the reason why the document is being filed in hard copy form. produce a document stating clearly and concisely the issues asserted in the (5) The failure to comply with the provisions of this subdivision shall be good cause, in the discretion of the judge presiding, either: (i) to draw an inference favorable to the adverse party with respect to any disputed fact or issue affected by such failure; or. A motion calendar is for the hearing of motions. filed Jan. 9, 1986; amd. WebPart IA-2. (b) The notice of motion shall read substantially as follows: __________________ COURT OF THE STATE OF NEW YORK. The parties shall delete from the testimony to be read questions and answers that are irrelevant to the point for which the deposition testimony is offered. Article 78 is the article of the Civil Practice Law and Rules (CPLR), which establishes the procedure for challenging the determinations of administrative agencies, How can companies ensure Rule 36. Section 202.54 Proceedings relating to appointments of guardians with respect to patients in facilities defined in the Mental Hygiene Law. (a) All motions shall be returnable before the assigned judge, and all papers shall be filed with the court on or before the return date. Rule 11-e. (v) residential foreclosure actions involving a home loan as such term is defined in section 1304 of the real property actions and proceedings law other than actions commenced prior to September 1, 2017 in Erie, Essex, New York, Queens, Rockland, Suffolk and Westchester Counties; provided, however, the Chief Administrator may require that the initial filing of papers required for the commencement of such actions in any county, where made by a party represented by counsel, be electronically filed; and 202.6 Request for judicial intervention Identification of Deposition Testimony. Telephone number: _______________________________ _________, Contract (6) All parties are required to appear at the hearing. (d) Counsel may request the courts permission to participate in court conferences and oral arguments of motions from remote locations through use of videoconferencing or other technologies. 202.9-a Special proceedings authorized by subsection (d) of section 9-518 . Rule 1. (e) Applications for approval of an infant's or incapacitated person's compromise shall be made returnable before the judge who presided over the compromise or, where the agreement was reached out-of-court, before the appropriate assigned judge. Equally important, through the work of the Commercial Division Advisory Council a committee of commercial practitioners, corporate in-house counsel and jurists devoted to the Divisions excellence the Commercial Division has become a recognized leader in court system innovation, demonstrating an unparalleled creativity and flexibility in development of rules and practices. Notwithstanding any other provision of this section, a party to be added in an action that has been commenced electronically in accordance with this section shall be served with initiating documents in hard copy together with the notice specified in paragraph (3) of subdivision (b) of this section. 6. (a) This section shall govern a special proceeding authorized by subsection (d) of section 9-518 of the Uniform Commercial Code for the redaction or expungement of a falsely-filed or amended financing statement. Added (c)(6). (4) The County Clerk shall assign a small claims assessment review filing number to each petition and, in proceedings commenced by filing in hard copy, shall retain one copy and shall forward two copies within two days of filing to the clerk designated by the appropriate administrative judge to process assessment review petitions. (h) Expenditures of the funds of an incapacitated person shall comply with the provisions of the Mental Hygiene Law. (2) At the preliminary conference, the court shall designate the track to which the case shall be assigned in accordance with the following: (i) Expedited--discovery to be completed within eight months; (ii) Standard--discovery to be completed within 12 months; and. Christopher Modelewski (d) Requests for adjournments shall be transmitted in writing to the court and to all parties, in such manner as the court may direct, so as to be received no later than 48 hours before the hearing and shall set forth whether the other parties consent to the adjournment. (b) The court shall notify all parties of the scheduled conference date, which shall be not more than 45 days from the date the request for judicial intervention is filed unless the court orders otherwise, and a form of a stipulation and order, prescribed by the Chief Administrator of the Courts, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure within 12 months of the filing of the request for judicial intervention for a standard case, or within 15 months of such filing for a complex case. (a) Upon any motion for summary judgment, other than a motion made pursuant toCPLR 3213, the court may direct that there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried. It is important that counsels discovery requests, OVERVIEW . (a) To the maximum extent possible, discovery disputes should be resolved through informal procedures, such as conferences, as opposed to motion practice. (3) if the named entity, pursuant to subsection (d)(1) of this Rule, cross-designates more than one individual, it must set out the matters on which each individual will testify. Where the applicable arbitration agreement provides for the arbitration to be heard outside the United States, the monetary threshold set forth in section 202.70(a) shall not apply. (d) In cases brought before paperless commercial parts, counsel shall submit the pre-trial memoranda, copy of trial exhibits and requests to charge on a USB flash drive. filed Dec. 7, 1995 eff. A non-governmental corporate party and a non-governmental corporation that seeks to intervene must file a disclosure statement that: (1) identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or. (3) Identification and password. If all parties have agreed upon the settlement conference track that they prefer, they may file a joint request with a statement of preferred procedure for MSC. 202.12 Preliminary conference establish their case. (c) Notwithstanding the failure of any party to oppose the application, no preference shall be granted by default unless the court finds that the action is entitled to a preference. Section 202.68 Proceedings involving custody of an Indian child. The court shall consider the pro se status of any party in granting relief pursuant to this provision. (k) Copyright, Confidentiality and Other Proprietary Rights. (vi) the scope, extent, order, and form of production; 202.50 Proposed judgments in matrimonial actions; forms (2) Upon the filing of the RJI, the court shall send either a copy of the RJI, or the defendant's name, address and telephone number (if available), to a housing counseling agency or agencies funded by the New York State Office of the Attorney Generals Homeowner Protection Program for the judicial district in which the defendant resides, for the purpose of that agency making the homeowner aware of free foreclosure prevention services and options available to the parties. 7, 2022, effective April 11, 2022, Amended Rule 4 on April 1 2022,effective April 18, 2022, Amended Rule 19-a (b) on Apr. All exhibits not consented to shall be marked for identification only. (3) The statement referred to in paragraph (1) of this subdivision, with proof of service upon the other party, shall, with the note of issue, be filed with the court. Upon the trial, expert witnesses shall be limited in their proof of appraised value to details set forth in their respective appraisal reports. (3) A hearing officer shall disqualify himself or herself from hearing a matter where a conflict exists as defined by the Public Officers Law or, with respect to small claims tax assessment review hearing officers, by subdivision 2 of section 731 of the Real Property Tax Law. Address: Attorney(s) for Defendant(s) Historical Note 202.26 Settlement and Pretrial Conferences. 202.32 Engagement of counsel Any party may move to modify or vacate the notice fixing the time and place of examination or the notice naming the examining medical providers, within 10 days of the receipt thereof, on the grounds that the time or place fixed or the medical provider named is objectionable, or that the nature of the action is such that the interests of justice will not be served by an examination, exchange of medical reports or delivery of authorizations. No default judgment based on defendants failure to answer shall be entered if the additional notice is returned to the court as undeliverable, unless the address at which process was served matches the address of the defendant on a Certified Abstract of Driving Record issued from the New York State Department of Motor Vehicles. An attorney admitted pro hac vice in an action, an unrepresented litigant, or a person who has been authorized in writing by an owner or owners of real property to submit a petition as provided in section 730 of the Real Property Tax Law and who has been licensed to engage in such business as required by the jurisdiction in which the business is operated (hereinafter "small claims assessment review filing agent") may also register as an authorized e-filing user, but solely for purposes of such action or, in the case of a small claims assessment review filing agent, solely for those proceedings under section 730 of the Real Property Tax Law in which he or she has been authorized to submit a petition. (3) In each round, the questioning of the seated prospective jurors shall be conducted first by counsel for the plaintiff, followed by counsel for the remaining parties in the order in which their names appear in the caption. (5) Use of Referee. If the mortgage servicer involved in the case and listed on the RJI is changed at any time following the filing of the RJI, plaintiff shall file with the court and serve on all the parties a notice setting forth the name and contact information of the new or substituted mortgage servicer. While this rule is intended to streamline the litigation process in the Commercial Division, it will be ineffectual without the cooperation and participation of litigants. (b) Assignments. 202.5-b Electronic Filing in Supreme Court; Consensual Program (f) The individual(s) designated must testify about information known or reasonably available to the entity. (a) Application. The note of issue shall include the County Clerk's index number; the name of the judge to whom the action is assigned; the name, office address and telephone number of each attorney who has appeared; the name, address and telephone number of any party who has appeared pro se; and the name of any insurance carrier acting on behalf of any party. (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. (1) In all proceedings for the determination of the value of property taken pursuant to eminent domain, the exchange of appraisal reports shall be accomplished in the same manner as provided for the exchange of such reports by section 202.59(g) and 202.60(g) of this Part, except that such reports shall be filed no later than nine months after service of the claim, demand or notice of appearance required by section 503 of the Eminent Domain Procedure Law unless otherwise extended by the court. Motions where a hearing or trial on a material factual issue may be particularly useful in disposition of a material part of a case, include, but are not limited to: (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. (a) Upon the trial of an action, the following papers, if not yet submitted, shall be submitted to the court by the party who has filed the note of issue: (1) copies of all pleadings marked as required by CPLR 4012; and. (1) The Chief Administrator of the Courts shall establish Panels of small claims hearing officers found qualified to hear small claims tax assessment review proceedings pursuant to title 1-A of Article 7 of the Real Property Tax Law and Panels of small claims hearing officers found qualified to hear small claims sidewalk assessment review proceedings pursuant to section 19-152.3(d) of the Administrative Code of the City of New York. All papers for any judge that are filed in the clerk's office shall be promptly delivered to the judge by the clerk. PART RULES (updated September 2021) Hon. (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. Materials submitted in violation hereof will not be read or considered. (f) Transfer from the Commercial Division. The print size of footnotes shall be no smaller than 10 point. Rule 5. (f) The preliminary conference order may provide for such limitations of interrogatories and other discovery as may be necessary to the circumstances of the case. 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. Rule 17. (2) prior to the conclusion of the conference, all resolutions shall be dictated into the record, and either the transcript shall be submitted to the court to be "so ordered," or the court shall otherwise enter an order incorporating the resolutions reached. Except as otherwise provided in section 202.5-bb of these rules, the following shall apply to all actions in Supreme Court: (1) Commencing an action by electronic means. Where a new trial is granted by an appellate court, a notice to reschedule shall be filed with the appropriate clerk. Default Judgment and Judgment of Foreclosure and Sale All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or clerk's office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity. If the defendant appears at the conference without counsel, the court shall treat the defendant as having made a motion to proceed as a poor person and shall determine whether permission to so appear shall be granted pursuant to the standards set forth in CPLR 1101. The court, in its discretion, may also require submission of a stenographic transcript of the portion of the deposition to which objection is made, and may read such transcript in lieu of reviewing the videotape or audio copy. (b) If appellant does not comply herewith, the County Court may, upon respondent's motion or upon its own motion, dismiss the appeal. The lawsuit alleges that the Trumps committed extensive tax fraud from 2011 to 2021 and seeks to bar Trump, Trump Jr., Eric Trump, and Ivanka Trump from serving as an An attorney alternatively may waive the making of a peremptory challenge. 202.11 Consultation prior to Preliminary and Compliance Conference. 202.15 Videotape recording of civil depositions The County Clerk may require the parties to furnish previously filed hard copy documents in electronic form. In any case where the interests of justice will not be promoted by service of such reports and delivery of such authorizations, an order dispensing with either or both may be obtained. Consultation prior to Preliminary and Compliance Conferences. (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. (g) Rules of practice for the Commercial Division. (a) Settlement Conference. (3) At the close of the conference, the court shall direct the parties to stipulate, in writing or on the record, as to all resolved issues, which the court then shall "so order," and as to all issues with respect to fault, custody and finance that remain unresolved. . . Copies of all responding papers shall be submitted to the court, with proof of service and with the index number set forth in the papers, on or before the return date. Exchange of medical reports in pers. (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. . Upon receipt of such transmission, the site shall generate and record the completed petition in proper form in portable document format. Contested matrimonial Notwithstanding paragraph (1) of this subdivision, where documents are required to be filed and served electronically in accordance with such paragraph (1), such documents may nonetheless be filed and served in hard copy where permitted by paragraph (1) of subdivision (d) of section 202.5-b of these rules. Where a cross-motion is made, reply affidavits, affirmations, briefs or memoranda of the party who made the principal motion shall be limited to 4,200 words when prepared by use of a computer or to 10 pages when typewritten or handwritten. (8) Continuous Calendars. Appendix A GUIDELINES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI) FROM NONPARTIES. Upon service of the summons in every matrimonial action, it is hereby ordered that: (1) Neither part shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of, without the consent of the other party in writing, or by order of the court, any property (including, but not limited to, real estate, personal property, cash accounts, stocks, mutual funds, bank accounts, cars and boats) individually or jointly held by the parties, except in the usual course of business, for customary and usual household expenses or for reasonable attorney's fees in connection with this action. (i) Plaintiff and Defendant shall bring all documents enumerated in CPLR Rule 3408(e) to each conference held pursuant to CPLR Rule 3408, in addition to any other documents required by the judge, referee or judicial hearing officer presiding over the case. (f) The Chief Administrator of the Courts may continue to require counsel to file affidavits or affirmations confirming the scope of inquiry and the accuracy of papers filed in residential mortgage foreclosure actions addressing both owner-occupied and (notwithstanding section [a] supra) non-owner-occupied residential properties. (f) Absent good cause, a party may not use at trial or otherwise any document which was not produced in response to a request for such document or category of document, which request was not objected to or, if objected to, such objection was overruled by the court. (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. 2. (b) Applicability. If the court finds that the judgment, decree or order is entitled to recognition under principles of the common law of comity, it shall direct entry of the tribal judgment, decree or order as a judgment, decree or order of the Supreme Court of the State of New York. (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. Where an objection to a portion of a direct testimony affidavit is sustained, the court may direct that such portion be stricken. Historical Note No such party shall be compelled, directly or indirectly, to participate in e-filing. 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. GUIDELINES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI) FROM NONPARTIES. The court may rule on the total number of trial hours which the court will permit for each party. (2) Each expert witness whom a party expects to call at the trial shall file with the court a written report, which shall be exchanged and filed with the court no later than 60 days before the date set for trial, and reply reports, if any, shall be exchanged and filed no later than 30 days before such date. If a Request for Judicial Intervention is accompanied by a dispositive motion, the preliminary conference shall take place within 30 days following the decision of such motion (if not rendered moot) or at such earlier date as scheduled by the justice presiding. 202.8-d Orders to Show Cause. Acknowledging that discovery is one of the most expensive, (a) General. (2) After general questions have been asked to the group of prospective jurors, jury selection shall continue in rounds, with each round to consist of the following: (1) seating prospective jurors in the jury box; (2) questioning of seated prospective jurors; and (3) removal of seated prospective jurors upon exercise of challenges. . (A) Who Must File: Contents. (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. (2) Notwithstanding the foregoing, the Chief Administrator shall not eliminate the requirement of consent to participate in electronic filing in the following classes of cases: (b) Failure to submit the order or judgment timely shall be deemed an abandonment of the motion or action, unless for good cause shown. Amendedsections 202.12(b) and 202.12(c)(3) on Sept 23, 2013, 202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference. (4) Credit agreement means a copy of a contract or other document governing the account provided to the defendant evidencing the defendants agreement to the debt, the amount due on the account, the name of the original creditor, the account number, and the name and address of the defendant. 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. Section 202.16 Application of Part 202 and Section 202.16. April 1, 1988. Such general appraisal reports shall be served and filed as provided in paragraph (1) of this subdivision. Section 202.20-b Limitations on Depositions. (c) The final order in an election proceeding shall state the determination and the facts upon which it was made. Submissions should be by hard copy and electronically, as directed by the court. Created in 1995, todays Commercial Division of the New York State Supreme Court is an efficient, sophisticated, uptodate court dealing with challenging commercial cases. 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. Added 202.16b on May 22 effective July 1, 2017, Amended 202.16-b on June 13, 2022, effective effective July 1, 2022. (viii) the proposed plan for custody and visitation of any children involved in the proceeding, setting forth the reasons therefor. 2020, effective February 1, 2021. (j) Applicability to Audio Taping of Depositions. (7) any other matters that the court may deem relevant. (7) The affirmative on the accounting shall be with the assignee; the objections to the account may be presented to the court or designated referee in writing or be brought out on a cross-examination. (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. filed Feb. 16, 1988 eff. . (2) This section shall be applicable to all contested actions and proceedings in the Supreme Court in which statements of net worth are required by section 236 of the Domestic Relations Law to be filed and in which a judicial determination may be made with respect to alimony, counsel fees, pendente lite, maintenance, custody and visitation, child support, or the equitable distribution of property, including those referred to Family Court by the Supreme Court pursuant to section 464 of the Family Court Act. A party may, however, utilize other service methods permitted by the CPLR provided that, if one of such other methods is used, proof of that service shall be filed electronically. (c) The term "referee" in this section shall be used as defined in section 202.43(e) of this Part. (6) Whether upon written proof or at the conclusion of a hearing, the judge or referee shall render a decision and sign the findings of fact, conclusions of law and the judgment, unless for reasons stated on the record decision is reserved. . Where feasible and appropriate, the court is encouraged to grant such requests. Amended (b) on June 13, 2022, effective effective July 1, 2022. 2020, effective February 1, 2021. If the parties wish to continue talks with the neutral beyond the initial conference, an arrangement will have to be made to retain such neutral at terms agreed to by the neutral and the parties. 202.16-b Submission of Written Applications in Contested Matrimonial Actions. Quizs usted quiera comunicarse con un abogado. If an RJI is filed within the 90-day period following service of the complaint and the case is assigned to a noncommercial part because the filing party did not designate the case as "commercial" on the RJI, any other party may apply by letter application (with a copy to all parties) to the Administrative Judge, within ten days after receipt of a copy of the RJI, for a transfer of the case into the Commercial Division. Section 202.23 Staggered Court Appearances. In cases not pending in the court's Filing by Electronic Means System, the court may permit counsel to communicate with the court and each other by e-mail. Such material cannot be disclosed to anyone not involved in the litigation or to the court, and may not be used in any fashion in the litigation of the case. Each electronically-submitted memorandum of law and, where appropriate, affidavit and affirmation shall include bookmarks providing a listing of the documents contents and facilitating easy navigation by the reader within the document. 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. An electronically filed document shall be considered to have been signed by, and shall be binding upon, the person identified as a signatory, if: (i) it bears the physical signature of such person and is scanned into an electronic format that reproduces such signature; or, (ii) the signatory has electronically affixed the digital image of his or her signature to the document; or, (iii) it is electronically filed under the User ID and password of that person; or. 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. ", Alternatively, in the event that parties wish to express their consent to the exclusive jurisdiction of either the Commercial Division or the federal courts in New York State, the parties may include specific language in their contract, such as: "THE PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL DIVISION, NEW YORK STATE SUPREME COURT, OR THE FEDERAL COURTS IN NEW YORK STATE, WHICH SHALL HEAR ANY DISPUTE, CLAIM OR CONTROVERSY ARISING IN CONNECTION WITH OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO THE VALIDITY, BREACH, ENFORCEMENT OR TERMINATION THEREOF. (e) The parties are encouraged to use the most efficient means to review documents, including electronically stored information (ESI), that is consistent with the parties disclosure obligations under Article 31 of the CPLR and proportional to the needs of the case. (k) Cost. Section 202.52 Deposit of funds by receivers and assignees. (1) Where the condemnor puts in issue the existence of any item in the inventory, the appraisal submitted on its behalf shall so state. In any action or proceeding tried without a jury to which section 237 of the Domestic Relations Law applies, the court may appoint a psychiatrist, psychologist, social worker or other appropriate expert to give testimony with respect to custody or visitation, and may appoint an accountant, appraiser, actuary or other appropriate expert to give testimony with respect to equitable distribution or a distributive award. In making this decision, the Panel shall consider, among other things, the venues of origin of the cases to be coordinated; whether the actions arise out of an accident or events in a particular county; judicial caseloads in prospective venues; fairness to parties; the convenience of the parties and witnesses; the convenience of counsel; and whether the purposes of this section can best be advanced by coordination before more than one Coordinating Justice. Failure to comply with this rule may be treated as a default for purposes of Rule 202.27 and/or may be treated as a failure to appear for purposes of Rule 130.2.1. A ready calendar is for actions in which a trial is imminent. In order to commence such a special proceeding, the petitioner must be: A party may commence any action in the Supreme Court in any county (provided that e-filing has been authorized in that county and in the class of actions to which that action belongs pursuant to paragraph (1) of subdivision (a) of this section) by electronically filing the initiating documents with the County Clerk through the NYSCEF site. 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. (c) On the return of the application, the court may hear the matter forthwith or schedule the matter for later hearing if affidavits in opposition to the compromise show that the amount is grossly inadequate in view of the injuries involved, the potential monetary recovery against the third party and the possible exposure of the insuring body to future claims by the plaintiff- petitioner arising out of the same accident. Historical Note (a) Form of Motion Papers. (1) Except where otherwise required by statute, all documents filed and served in Supreme Court shall be filed and served by electronic means in such classes of actions and such counties as shall be specified by order of the Chief Administrator of the Courts and only to the extent and in the manner prescribed in this section. In addition to satisfying the requirements ofparagraphs (1) and (2) of this subdivision, every judgment of divorce,whether uncontested or contested, shall include language substantially in accordance with the following decretal paragraphs which shall supersede any inconsistent decretal paragraphs currently required for such forms: Fill in Box A or Box B, whichever, applies: (2) Since motions are decided on a daily basis and further submissions may be received on a pending motion, the only report that shall be considered current is the official quarterly report submitted by the particular justice. Added May 26, 2015 effective June 15, 2015, 202.72: Actions Revived Pursuant to CPLR 214-g. 1. April 1, 1988. To express their consent to the exclusive jurisdiction of the Commercial Division, parties may include specific language in their contract, such as: "THE PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL DIVISION, NEW YORK STATE SUPREME COURT, WHICH SHALL HEAR ANY DISPUTE, CLAIM OR CONTROVERSY ARISING IN CONNECTION WITH OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO THE VALIDITY, BREACH, ENFORCEMENT OR TERMINATION THEREOF. The submission of direct testimony in affidavit form shall not affect any right to conduct cross-examination or re-direct examination of the witness. For purposes of this rule, confidential personal information (CPI) means: i. the taxpayer identification number of an individual or an entity, including a social security number, an employer identification number, and an individual taxpayer identification number, except the last four digits thereof; ii. (1) The assignor shall deliver all books, records and documents to the assignee immediately upon filing the assignment, but the assignee shall make them available to the assignor to prepare the schedules. (2) The party who prepared a pleading to which a responsive pleading is required shall, upon request, promptly provide a copy of its pleading in the same word processing software application in which the pleading was prepared to the party preparing the responsive pleading. If the trial exhibits are voluminous, counsel shall consult the clerk of the part for guidance. (i) The Panel shall issue a written decision on each application. 202.63 Assignment for benefit of creditors Sec. Counsel at all court appearances should be fully familiar with the case, fully prepared to discuss pending matters competently, authorized to enter into substantive and procedural agreements on behalf of their clients, and authorized to enter into a disposition of the case. May 26, 1998. (c) When may the EDDS be used. However, counsel may not read from any of the pleadings in the action or inform potential jurors of the amount of money at issue. (1) A note of issue and certificate of readiness shall not be filed unless all disclosure proceedings have been completed and the statement of income and expenses has been served and filed. A note of issue may not be filed until such reports have been filed. (c) The Response shall contain, at the conclusion of thereof, the affidavit of the responding party stating: (i) whether the production of documents in its possession, custody or control and that are responsive to the individual requests is complete; or (ii) that there are no documents in its possession, custody or control that are responsive to any individual requests. (3) Where appropriate, the court may order parties, representatives of parties, representatives of insurance carriers or other persons having an interest in any settlement to attend the settlement conference in person, by telephone, or by other electronic media. Where a patient in a facility defined in the Mental Hygiene Law is the subject of a proceeding for the appointment of a guardian, pursuant to the Mental Hygiene Law or Article 17-A of the Surrogate's Court Procedure Act, or for any substitute for or successor to such person: (a) A copy of the notice of application for the appointment shall be served on the director of the Mental Hygiene Legal Service in the department in which the facility is located. If so provided by the Chief Administrator, registration shall not be complete until the registering person has been approved as an e-filing user. (2) states that there is no such corporation. Sec. In the event that the court grants permission for an oversize submission, the certification required by paragraph (c) above shall set forth the number of words in the document and certify compliance with the limit, if any set forth by the court. (vi) it otherwise bears the electronic signature of the signatory in a format conforming to such standards and requirements as may hereafter be established by the Chief Administrator. (iii) Length of Papers: Parties shall comply with the word limitations in subsections (a)-(f) of 22 NYCRR 202.8(b) as amended. Receipt of the additional notice by the defendant does not confer jurisdiction on the court in the absence of proper service of process. (ix) the scope or method for searching and reviewing ESI; and Part 12c, Hon. (1) When settlement of an order or judgment is directed by the court, a copy of the proposed order or judgment with notice of settlement, returnable at the office of the clerk of the court in which the order or judgment was granted, or before the judge if the court has so directed or if the clerk is unavailable, shall be served on all parties either: (i) by personal service not less than five days before the date of settlement; or. A preliminary conference calendar is for the calendaring for conference of cases in which a note of issue and certificate of readiness have not yet been filed. Upon entry of an order or judgment, the NYSCEF site shall transmit to the e-mail service addresses a notification of receipt of such entry, which shall not constitute service of notice of entry by any party. Improving the process of litigating in the Commercial Division by instituting staggered court appearances of matters before the court, 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. The In establishing the method and scope of electronic discovery, the court may consider the following non-exhaustive list, including but not limited to: of triable issues and proceedings to judicial hearing . (b) With respect to telephone conferences, upon request of a party and if the court so directs, the parties shall agree upon and jointly submit to the court within one (1) business day of the telephone conference a stipulated proposed order, memorializing the resolution of their discovery dispute. Section 202.35 Submission of papers for trial. Section 202.67 Infants' and incapacitated persons' claims and proceedings. Notwithstanding any other provision of this section, and subject to such guidelines as may be established by the Chief Administrator, the County Clerk or his or her designee may require or permit a party to file in hard copy, in accordance with procedures set by the County Clerk or designee, an exhibit or other document which it is impractical or inconvenient to file electronically. If there are Supreme Court nominees, after being selected by the president must be approved by a simple majority vote (51 votes) of the Senate . Under Article II of the Constitution, the President of the United States alone is empowered to nominate Supreme Court Justices and the U.S. Senate is required to confirm those nominations. (a) Proposed orders or judgments, with proof of service on all parties where the order is directed to be settled or submitted on notice, must be submitted for signature, unless otherwise directed by the court, within 60 days after the signing and filing of the decision directing that the order be settled or submitted. 202.31 Identification of trial counsel However, in order to permit the court the opportunity to resolve issues before motion practice ensues, and to control its calendar in the context of the discovery and trial schedule, pre-motion conferences in accordance herewith must be held. The parties may extend or modify the protections and duties of this provision by written agreement, as provided in Rule 11-g(c), which shall be submitted to the Court to be ordered. Whenever a County Clerk issues a transcript of judgment, which shall be in the form prescribed by law, such clerk shall at the same time issue a stub. (4) Procedures applicable to exempt attorneys and small claims assessment filing agents. The Chief Administrator of the Courts shall promulgate forms to implement this process. The court may permit for good cause shown and in the absence of substantial prejudice, a party to call a witness to testify who was not identified on the witness list submitted by that party. Should be by hard copy documents in electronic form ( ESI ) FROM NONPARTIES in which a trial is.... Of footnotes shall be marked for identification only relief pursuant to this provision facts upon which it was.. Hearing of motions final order in an election proceeding shall STATE the and! Require the parties to furnish previously filed hard copy documents in electronic.... May the EDDS be used the absence of proper service of process for searching and ESI! The Part for guidance paragraph ( 1 ) of this subdivision does not confer jurisdiction the... 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