(7) The selection of designated alternate jurors shall take place after the selection of the six jurors. (2) The Chief Administrator may authorize the establishment in any court of special categories of actions and proceedings, including but not limited to matrimonial actions, medical malpractice actions, tax assessment review proceedings, condemnation actions and actions requiring protracted consideration, for assignment to judges specially assigned to hear such actions or proceedings. (2) Nothing herein shall require parties to omit or redact personal confidential information as described herein or 22NYCRR 202.5(e) in papers submitted to the court for filing. In lieu of the transcribed deposition and, on leave of the appellate court, a party may request a viewing of portions of the visual deposition by the appellate court but, in such case, a transcript of pertinent portions of the deposition shall be filed as required by the court. (d) At the conclusion of other discovery, and at least 30 days prior to the discovery cut-off date, interrogatories seeking the claims and contentions of the opposing party may be served unless the Court has ordered otherwise. (ii) With respect to property not in the custody of the court, possession having been acquired by the secured creditor, judgment creditor or lienor, the assignee may, upon notice to the adverse party, apply to the court where such assignment proceedings are pending to enjoin any prospective sale and to permit the assignee to conduct the sale, whether private or a public auction, upon such terms and conditions as in its discretion will not prejudice the interest of the secured party and yet preserve the interest of the assigned estate by affording the assignee an opportunity to liquidate the assets under the most favorable terms and conditions. (a) Interrogatories are limited to 25 in number, including subparts, unless another limit is specified in the preliminary conference order. complaint, and shall provide instructions as to what must be done to effectuate a (2) In debt buyer actions involving debt purchased from an original creditor on or after October 1, 2014, the affidavits set forth in subsection (d). Section 202.43 References of triable issues and proceedings to judicial hearing officers or referees. Sec. The court may also direct plaintiff and counterclaim plaintiff to A party may arrange to have a stenographic transcription made of the deposition at his or her own expense. 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. . With respect to other issues before the court, to the extent feasible, trial should proceed from day to day to conclusion. ", Historical Note (c) Upon motion, the County Court judge hearing the appeal may for good cause shown extend the time to a subsequent term or special term, in which case the appellant must notice the appeal for such subsequent term. (ix) scheduling and conducting any additional conferences as may be appropriate. (4) Procedures applicable to exempt attorneys and small claims assessment filing agents. Amended (c)(2) on November 5, 2014, effective December 1, 2014, Amended (b)(1) on June 21, 2022, effective effective July 1, 2022. 202.53 Trust accountings; procedure (e) Presence of Judge at the Voir Dire. 202.71 Section 202.71 Recognition of Tribal Court Judgments, Decrees and Orders (1) Within 90 days following service of the complaint, any party may seek assignment of a case to the Commercial Division by filing a Request for Judicial Intervention (RJI) that attaches a completed Commercial Division RJI Addendum certifying that the case meets the jurisdictional requirements for Commercial Division assignment set forth in subdivisions (a), (b) and (c) of this section. issue and the facts needed to establish their case. filed Jan. 9, 1986; amds. Where an application for an order to take a videotaped deposition is made, the application and order shall contain the same information. Amended Dec. 29. Unless otherwise stipulated or ordered by the court, expert disclosure must be accompanied by a written report, prepared and signed by the witness, if either (1) the witness is retained or specially employed to provide expert testimony in the case, or (2) the witness is a party's employee whose duties regularly involve giving expert testimony. All parties are directed to exchange e-mail addresses with each other at the commencement of the case and to keep these e-mail addresses current, in order to facilitate notification by the person(s) receiving the court notification. (i) Involuntary Petition in Bankruptcy of the Assigned Estate. Historical Note 202.48 Submission of orders, judgments and decrees for signature (c) If the notice or subpoena to an entity does not identify a particular officer, director, member or employee of the entity, but elects to set forth the matters for examination as contemplated in section (b) of this Rule, then no later than ten days prior to the scheduled deposition: (a) General. . Historical Note 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. Adjournment of a conference will not change any subsequent date in the preliminary conference order, unless otherwise directed by the court. (iii) Complex--discovery to be completed within 15 months. directors and officers, errors and omissions, and business interruption coverage); (11) Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures -- without consideration of the monetary threshold; and. 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. (d) If the notice or subpoena to an entity does identify a particular officer, director, member or employee of the entity, but elects to set forth the matters for examination as contemplated in section (b) of this Rule, then: (1) pursuant to CPLR 3106(d), the named entity shall produce the individual so designated unless it shall have, no later than ten days prior to the scheduled deposition, notified the requesting party that another individual would instead be produced and the identity, description or title of such individual is specified. (1) No discharge shall be granted an assignee who has not advertised for claims pursuant to section 5 of the Debtor and Creditor Law and the applicable provisions of this section. (2) The judge presiding at the preliminary conference shall take whatever action is warranted to expedite final disposition of the case, including but not limited to: (i) directing any party to utilize or comply by a date certain with any pretrial disclosure or bill of particulars procedure authorized by the Civil Practice Law and Rules; (ii) directing the parties to obtain appraisals and sales reports, and to exchange and file appraisal reports and sales reports by dates certain before the trial; (iii) directing the filing of a note of issue and certificate of readiness; (iv) fixing a date for trial, or by which the parties must be ready for trial; (vi) conducting conferences for the purpose of facilitating settlement; and. Use of Recycled Paper Part 216. For good cause shown, and in the interests of justice, the court in an action or proceeding may waive compliance with any of the rules in this Part, other than sections 202.2 and 202.3, unless prohibited from doing so by statute or by a rule of the Chief Judge. No more than three stipulated adjournments for an aggregate period of 60 days shall be submitted without prior permission of the court. Counsel for the parties shall consult prior to the pre-trial conference and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection. David A. Morris Part 12c. The unreasonable failure or refusal of counsel to participate in a conference requested by another party may relieve the requesting party of the obligation to comply with this paragraph and may be addressed by the imposition of sanctions pursuant to Part 130. The court in its discretion may extend the total number of trial hours as justice may require. In such cases, the matter shall be marked settled subject to written consent of the insuring body, or the entry of an order pursuant to subdivision 5 of section 29 of the Workers' Compensation Law. All applications made to the court under section 428 of the Real Property Law shall also be made to the appropriate part or judge, upon eight days' notice to the city or county treasurer and all other parties who have appeared in the proceeding to recover for loss or damage or deprivation of real property out of the assurance fund provided for by law. 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. (vi) the scope, extent, order, and form of production; (5) The assessment review clerk shall make additional copies of the decision and order, as necessary, and, in the case of a small claims tax assessment review proceeding, shall transmit a copy to the clerk of each tax district relying on the assessment that is named in the petition and to the treasurer of any county in which any part of the real property is located. In that event, examination after institution of the action may be waived. (4) Following questioning and the exercise of challenges for cause, peremptory challenges shall be exercised one at a time and alternately as follows: In the first round, in caption order, each attorney shall exercise one peremptory challenge by removing a prospective juror's name from a "board" passed back and forth between or among counsel. (a) Form of Motion Papers. Historical Note The board shall continue to circulate among the attorneys until no other peremptory challenges are exercised. A party shall serve notice of entry of an order or judgment on another party by serving a copy of the order or judgment and written notice of its entry. The order may address actions subsequently filed or not otherwise then before the Panel. (c) If the notice or subpoena to an entity does not identify a particular officer, director, member or employee of the entity, but elects to set forth the matters for examination as contemplated in section (b) of this Rule, then no later than ten days prior to the scheduled deposition: (1) the named entity must designate one or more officers, directors, members or employees, or other individual(s) who consent to testify on its behalf; (2) such designation must include the identity, description or title of such individual(s); and. . 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. 202.25 Objections to applications for special preference 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. If such order is not presented for signature within 20 days after the court directs a reference, the application shall be deemed abandoned. At that time, counsel shall be prepared to argue the motion, discuss resolution of the issue(s) presented and/or schedule a trial or hearing. Acknowledging that discovery is one of the most expensive, (h) Application to Continue Business of Assignor. (c) Consultation Regarding Expert Testimony. (1) pursuant to CPLR 3106(d), the named entity shall produce the individual so designated unless it shall have, no later than ten days prior to the scheduled deposition, notified the requesting party that another individual would instead be produced and the identity, description or title of such individual is specified. Any scheduling and procedural issues shall be determined by the justice assigned to the case. ORDERED AND ADJUDGED, that the Supreme Court shall retain jurisdiction to hear any applications to enforce the provisions of said Settlement Agreement, if any, or to enforce or modify the provisions of this judgment, provided the court retains jurisdiction of the matter concurrently with the Family Court for the purpose of specifically enforcing, such of the provisions of that (separation agreement)(stipulation agreement, if any), as are capable of specific enforcement, to the extent permitted by law, and of modifying such judgment with respect to maintenance, support, custody or visitation to the extent permitted by law , or both; and it is further, ORDERED AND ADJUDGED, that any applications brought in Supreme Court to enforce the provisions of said Settlement Agreement, if any, or to enforce or modify the provisions of this Judgment shall be brought in a County wherein one of the parties reside; provided that if there are minor children of the marriage, such applications shall be brought in a County wherein one of the parties or the child or children reside, except, in the discretion of the judge, for good cause. (7) any other matters that the court may deem relevant. Webare subject to final approval by the Judge in advance of a scheduled Court appearance as per this Parts Rules. An attorney may exercise a second, single peremptory challenge within the round only after all other attorneys have either exercised or waived their first peremptory challenges. Counsel for all parties shall consult prior to any preliminary or status conference on all issues likely to be addressed at the conference, including but not limited to (1) resolution of the case in whole or in part and early ADR; (2) outstanding issues relating to insurance coverage of the parties; (3) outstanding discovery issues, including the voluntary informal exchange of information for settlement purposes; (3) adoption of a confidentiality order; (4) scheduling; (5) anticipated use of experts; and (6) anticipated requests to obtain records from earlier cases related to the allegations in the revived case. (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. (8) Non-exclusive. Part IA-3/33. (4) Exemptions from MSC. David A. Morris At or before the pre-trial conference, the court may require the parties to prepare a written stipulation of undisputed facts. A petition in such a special proceeding shall substantially conform to the model petition set forth in Appendix A of this section and shall allege that: (i) the financing statement referred to in paragraph (3)(i) of this subdivision was falsely filed or amended to retaliate for the performance of the petitioners official duties in his or her capacity as a public employee (or, if the petitioner is an attorney referred to in paragraph (3)(i)(B) of this subdivision, to retaliate for the performance of the petitioners duties in his or her capacity as an attorney for the respondent in a criminal court); and, (ii) such financing statement does not relate to an interest in a consumer-goods transaction, a commercial transaction, or any other actual transaction between the petitioner and the respondent; and, (iii) the collateral covered in the financing statement is the property of the petitioner; and. (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. Before the note of issue and certificate of readiness may be filed, the petitioner shall have served on the respondent, in triplicate, a statement that the property is not income- producing, or a copy of a verified or certified statement of the income and expenses on the property for each tax year under review. 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. Section 202.20-j Adherence to the Electronically Stored Information (ESI) Guidelines Set Forth in Appendix Hereto. The request shall be served on all other parties and filed with the clerk for transmittal to the assigned judge. (e) If the matter can be resolved during the conference, an order consistent with such resolution may be issued or counsel will be directed to forward a letter confirming the resolution to be "so ordered." Staggered court appearances are a mechanism to increase efficiency in the courts and to decrease lawyers time waiting for a matter to be called by the courts. Historical Note The court shall ensure that procedures are in place to note the vacatur of any defaults upon service and filing of answers pursuant to CPLR Rule 3408(m). (check box if applicable). 6. Notice of the date selected by the court shall be given, if practicable, at least 14 days before the scheduled oral argument. Amended (c)(2) on Jul. paragraph: ORDERED AND ADJUDGED that pursuant to pursuant to the partiesSettlement Agreement dated __________________ OR the courts decision aftertrial, all parties shall duly execute all documents necessary to formally transfer title to real estate or co-op shares to the Plaintiff OR Defendant as set forth in the parties Settlement Agreement OR the court's decision after trial, including, without limitation. . These addresses are: [INSERT APPROPRIATE COURT ADDRESS OR ADDRESSES]. The contract can be renewable (annually, monthly) or lifelong in the case of private insurance. 202.43 Ref. Ref. (3) The Chief Administrator may authorize the assignment of one or more special reserve trial judges. In the event a filer shall file and serve documents in hard copy pursuant to this sub paragraph, each such document shall include the notice required by the immediately following sub paragraph, and the filer shall file those documents with the NYSCEF site within three business days thereafter. (d) No party shall challenge the validity of any oath or affirmation administered during a remote deposition on the grounds that. Section 202.66 Workers' compensation settlements. ORDERED AND ADJUDGED that the Settlement Agreement entered into between the parties on the ___ day of ___________, an original OR a transcript of which is on file with this Court and incorporated herein by reference, shall survive and shall not be merged into this judgment, and the parties are hereby directed to comply with all legally enforceable terms and conditions of said agreement as if such terms and conditions were set forth in their entirety herein; If such stipulation is not returned by all parties, the conference shall be held on the assigned date. These forms shall be accepted by the Court for obtaining an uncontested divorce, and no other forms shall be necessary. There shall be such parts of court as may be authorized from time to time by the Chief Administrator of the Courts. (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. These sample provisions should be construed in a manner that is consistent with governing case law and applicable sections and rules of the Commercial Division Rules, the Uniform Civil Rules, the CPLR, the Federal Rules of Civil Procedure, and any other applicable rules and regulations. 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. A. 202.54 Proceedings relating to appts. (2) Attendance at MSC. In any action in which an attorney or other person is exempt pursuant to this subdivision, all other attorneys, small claims assessment filing agents, unrepresented litigants, proposed intervenors, or others participating in e-filing and seeking relief from the court shall continue to be required to file and serve documents electronically, except that, whenever they serve documents upon a person who is exempt from having to file and serve documents electronically in accordance with this section, they shall serve such documents in hard copy, bearing full signatures, and shall file electronically proof of such service. Amended (c). . Applications for extension of a discovery deadline shall be made as soon as practicable and prior to the expiration of such deadline. Rule 28. Application of Part; waiver; additional rules; . WebPart IA-2. shall post prominently in the public areas of his or her office notice that filing of papers in order to commence an action or special proceeding must be with the county clerk. When an action has been announced "ready" but a trial is not immediately available, counsel may arrange with the judge to be summoned by telephone, provided they agree to hold themselves available and to appear on one hour's notice, or at such other time as the court may order, at the time assigned for trial. Any application for temporary injunctive relief, including but not limited to a motion for a stay or a temporary restraining order, shall contain, in addition to the other information required by this section, an affirmation demonstrating either that: (a) notice has been given; or (b) notice could not be given despite a good faith effort to provide it or (c) there will be significant prejudice to the party seeking the restraining order by giving of notice. Hon. establish their case. (d) By agreement of the parties to a date no later than one (1) month prior to the close of fact discovery, or at such time set by the Court, the responding party shall state, for each individual request: (i) whether the production of documents in its possession, custody or control and that are responsive to the individual request, as propounded or modified, is complete; or (ii) that there are no documents in its possession, custody or control that are responsive to the individual request as propounded or modified. (j) Nothing in this section is intended to impair a plaintiffs ability to make a default judgment application to the court as authorized under CPLR 3215(b). An audio copy of the sound track may be submitted in lieu of the videotape for this purpose, as the court may prefer. 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 (5) Counsel shall exercise peremptory challenges outside of the presence of the Panel of prospective jurors. An e-filing party causes service of an interlocutory document to be made upon another party participating in e-filing by filing the document electronically. (b) Commencement of Actions Under this Section. A party's failure to consent to participation in electronic filing and service shall not bar any other party to the action from filing documents electronically with the County Clerk and the court or serving documents upon any other party who has consented to participation. This limit applies to consolidated actions as well. Special masters shall serve without compensation. George Nolan WebJudicial Assignments & Locations. (a) Any complainant, respondent or other person aggrieved by any order of the State Commissioner of Human Rights or the State Division of Human Rights may obtain judicial review of such order by commencing a special proceeding, within 60 days after service of the order, in the Supreme Court in the county where the alleged discriminatory practice which is the subject of the order occurred or where any person required by the order to cease and desist from an unlawful discriminatory practice or to take other affirmative action resides or transacts business. (1) For purposes of this section a consumer credit transaction means a revolving or open-end credit transaction wherein credit is extended by a financial institution, which is in the business of extending credit, to an individual primarily for personal, family or household purposes, the terms of which include periodic payment provisions, late charges and interest accrual. Condemnation, Condemnation Rule 3. May 26, 1998. Findings and conclusions shall be in a separate paper from the judgment, which papers shall be labelled "FINDINGS OF FACT AND CONCLUSIONS OF LAW" and "JUDGMENT," respectively. (c) The contents and form of each appraisal report, including any rebuttal, amended or supplementary report, shall conform to the requirements of sections 202.59(g) and 202.60(g) of this Part. Where an unrepresented litigant opts to file a consent hereunder, it shall be documented in the case file in a manner prescribed by the Chief Administrator. (d) Assignment to the Commercial Division. 202.20-i Direct Testimony by Affidavit. (c) Commencement of Small Claims Sidewalk Assessment Review Proceeding. . Rule 23. In all actions in which the accounts of a receiver appointed in an action for the dissolution of a corporation are presented for settlement or to be passed upon by the court, a notice or a copy of an advertisement requiring the creditors to present their claims to a referee must be mailed, with the postage thereon prepaid, to each creditor whose name appears on the books of the corporation, at least 20 days before the date specified in such notice or advertisement. (1) Where the condemnor puts in issue the existence of any item in the inventory, the appraisal submitted on its behalf shall so state. (c) In any accelerated action, the court shall deem the parties to have irrevocably waived: (1) any objections based on lack of personal jurisdiction or the doctrine of forum non conveniens; (3) the right to recover punitive or exemplary damages; (4) the right to any interlocutory appeal; and. The paragraphs contained in Chapter III, Subchapter B of Subtitle D (Forms) of this Title, modified or deleted as may be necessary to conform to the law and facts in a particular action, shall be used in the preparation of " FINDINGS OF FACT AND CONCLUSIONS OF LAW," "JUDGMENT," or "REFEREE'S REPORT OF FINDINGS OF FACT AND CONCLUSIONS OF LAW." (3) if the named entity designates more than one individual, it must set out the matters on which each individual will testify. In the event that a party defaults in filing an appraisal report within the time limitation prescribed, the clerk shall return the filed copies of each party's appraisal report, with notice to the party in default. (i) identification of potentially relevant types or categories of ESI and the relevant time frame;
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