The counsel certifying compliance may rely on the word count of the word-processing system used to prepare the document. When a document has been filed electronically pursuant to this section, the official record shall be the electronic recording of the document stored by the County Clerk. (c) Every brief, memorandum, affirmation, and affidavit which was prepared by use of a computer shall include on a page attached to the end of the applicable document, a certification by the counsel who has filed the document setting forth the number of words in the document and certifying that the document complies with the word count limit. the term "clerk of the court" shall mean the county clerk. (3) Where parties are represented by counsel, only attorneys fully familiar with the action and authorized to make binding stipulations or commitments, or accompanied by a person empowered to act on behalf of the party represented, shall appear at the conference. Virtual Part Rules for Compliance Conferences; Virtual Part Rules for Status Conferences; Part IA-4. The assignment of time or time interval, and the length of time allotted to a case is solely in the discretion of the court. Usted no puede ser arrestado ni apresado por adeudar dinero. (iv) Are the cost and burden of preserving and producing ESI proportionate to the amount in controversy; and (2) If a party certifies in good faith that it cannot include hyperlinks as required by this Rule or the Court without undue burden, due to limitations in its office technology or other showing of good cause, the Court may excuse the party from any otherwise applicable hyperlinking requirement. The name, residence, occupation and place of business of the assignor, and the name and place of residence of the assignee must be annexed to the schedule and inventory or incorporated in the affidavit verifying the same. In that event, examination after institution of the action may be waived. Where appropriate, the order will contain specific provisions for means of early disposition of the case, such as (i) directions for submission to the alternative dispute resolution program, including, in all cases in which the parties certify their willingness to pursue mediation pursuant to Rule 10, provision of a specific date by which a mediator shall be identified by the parties for assistance with resolution of the action; (ii) a schedule of limited-issue discovery in aid of early dispositive motions or settlement; and/or (iii) a schedule for dispositive motions before disclosure or after limited-issue disclosure. (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. Such request will be granted in the discretion of the justice assigned to the case upon finding that such a separate settlement conference would be beneficial to the parties and the court and would further the interests of justice. Small claims tax assessment review proceedings; . Actions may be removed to courts of limited jurisdiction without consent pursuant to the provisions of CPLR 325(d) as follows: (a) from the Supreme Court in counties within the First, Second, Eleventh and Twelfth Judicial Districts to the Civil Court of the City of New York; (b) from the Supreme Court in counties within the Ninth Judicial District to county and city courts within such counties; (c) from the Supreme Court in counties within the Tenth Judicial District to county courts within such counties; (d) from the Supreme Court in counties within the Third Judicial Department to county and city courts within such counties; (e) from the Supreme Court in counties within the Fourth Judicial Department to county and city courts within such counties; (f) from the County Court of Broome County to the City Court of Binghamton; (g) from the County Court of Albany County to the City Court of Albany; (h) from the Supreme Court and County Court of Nassau County to the District Court of Nassau County and to the city courts within such county; and. (4) Exemptions from MSC. (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. Hon. Attorney(s) for Plaintiff(s) The court may in its discretion require any surety to appear and justify. (ii) Filing agent; statement of authorization. (3) Additional Requirement with Respect to Uncontested and Contested Judgments of Divorce. By leave of court as provided by Rule 1(d), attorneys are encouraged to use remote appearance technology in order to avoid adjournments of conferences. The order may address actions subsequently filed or not otherwise then before the Panel. 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. If there is no such part, petitions shall be returnable before the judge is assigned. (6) The statement of expenditures shall be full and complete and the vouchers for all payments shall be attached to the account. aims to provide practitioners with a mechanism for streamlining the discovery With due regard to the requirements of statutory preferences and of section 202.24 of this Part, when actions are advanced from one calendar to another they shall progress from the head of one calendar to the foot of the next calendar and otherwise progress in order insofar as practicable unless otherwise determined by the court. Tax assessment review proceedings in counties within the NYC, Exchange of appraisal reports in eminent domain proceedings, Payment of eminent domain award to other than named award. Historical Note . The board shall continue to circulate among the attorneys until no other peremptory challenges are exercised. _________ (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. The timeframes must be complied with unless otherwise shortened or extended by the court depending upon the circumstances of the case. Other (not itemized above) (specify), Indicate if this action is brought as a class action. (d) Audit. The counsel last able to exercise a peremptory challenge in a round is not confined to the exercise of a single challenge but may then exercise one or more peremptory challenges. The following procedures shall govern all disclosure conferences conducted by non-judicial personnel. Rule 33. Counsel should use tabs on hard or working copies when submitting papers containing exhibits. (b) Calendar Progression. (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. (h) This Rule does not preclude a deposition by any other procedure allowed by the CPLR. 8. (3) Upon application of any party upon such notice as the court in which the proceeding is pending shall direct, the court may, upon good cause shown, relieve a party of a default in filing a report, extend the time for filing reports, or allow an amended or supplemental report to be filed upon such conditions as the court may direct. Jul. action. (4) Application to amend the schedule shall be made by verified petition in which the amendment sought to be made shall appear in full, and such amendment shall be verified in the same manner as the original schedule. Preamble to Rule 11. All e- filed documents shall comply with the technical requirements set forth at the NYSCEF site. (g) It is important that counsel be on time for all scheduled appearances. Counsel shall separately identify for the court only a list of the witnesses who may becalled solely for rebuttal or with regard to credibility. Each county clerk, and each chief clerk of the Supreme Court. (7) any other matters that the court may deem relevant. There shall be such parts of court as may be authorized from time to time by the Chief Administrator of the Courts. . Counsel may consent to the use of "nondesignated" alternate jurors, in which event no distinction shall be made during jury selection between jurors and alternates, but the number of peremptory challenges in such cases shall consist of the sum of the peremptory challenges that would have been available to challenge both jurors and designated alternates. (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. filed: Feb. 16, 1988; Dec. 14, 1992 eff. (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. Counsel must consult with one another in a good faith effort to resolve all disputes about disclosure. 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. A document other than an order or judgment is filed when its electronic transmission or, in the case of a petition that is e-filed by submission of a text file as provided in subdivision (b)(1) of this section, the electronic transmission of the text file is recorded at that site, provided, however, that where payment of a fee is required upon the filing of a document, the document is not filed until transmission of the document and the information or form or information as required in (i), (ii) or (iii) of paragraph (2) of this subdivision has been recorded at the NYSCEF site; or, if no transmission of that information or form or information is recorded, where permitted by the County Clerk, until payment is presented to the County Clerk. Direct Testimony by Affidavit. Compliance with section 202.16 of the Rules of the Chief Administrator (22 NYCRR 202.16) in matrimonial actions. Jan. 1, 1996. March 13, 1987. (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. (d) Filing Note of Issue and Certificate of Readiness; Additional Requirements. If it is deemed necessary, affidavits of disinterested experts as to the claimed values must be furnished; and if such schedule and inventory are filed by the assignee, they must be accompanied by affidavits made by such assignee and by some disinterested expert showing, in detail, the nature and value of the property assigned. filed Jan. 9, 1986; amds. An auctioneer selected for this purpose must be an attorney, or a licensed real estate broker, or a salesman licensed for at least five years. A copy of all such application papers shall be served on the insurance carrier that is liable for the payment of claims under the Workers' Compensation Law. As such, it strongly needs a modern, well-staffed, properly equipped forum for the swift, fair and expert resolution of significant commercial disputes. In 1995, those words introduced the New York State Bar Associations report proposing the creation of the Commercial Division (N.Y. St. Bar Assn, A Commercial Court For New York [Jan. 1995]). Where the court also finds that the respondent has engaged in a repeated pattern of falsely filing financing statements under Subpart one of Part five of Article nine of the Uniform Commercial Code, the court may enjoin the respondent from filing or amending any further financing statement without court leave; and, in such case, where respondent is incarcerated at the time such injunction issues, the court shall cause a copy thereof to be transmitted to the head of the correctional facility in which respondent is incarcerated. This limit applies to consolidated actions as well. (6) The Court shall alert the parties to the requirements of 22 NYCRR 202.20-c regarding requests for documents; 202.20-e regarding adherence to discovery schedule, and 202.20-f regarding discovery disputes, and shall address the issues of potential for default, preclusion, denial of discovery, drawing inferences, or deeming issues to be true, as well as sanctions and/or counsel fees in the event default or preclusion or such other remedies are not appropriate in a matrimonial action. (7) The selection of designated alternate jurors shall take place after the selection of the six jurors. Failure of the respondent to request or complete the audit within the time limits shall be deemed a waiver of such privilege. (4) Pretrial Conference Calendar. (ii) The summons, complaint, petition, or judgment sought to be filed with the County Clerk contains an "et al" or otherwise does not contain a full caption; . Hon. 202.17 Exchange of medical reports in pers. 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. The petition shall demand the expungement or redaction of such financing statement or, as appropriate, any amendment thereof, in the office in which the financing statement is filed; and may demand any additional relief authorized under section 9-625 of the Uniform Commercial Code. (a) Every receiver or assignee who, as such, receives any funds shall promptly deposit them in a checking account or in an interest-bearing account, as determined by the court, in a bank or trust company designated by the court. Counsel or parties are required to confirm all adjournment requests prior Amended (a) & (b) on Dec. 29. (b) The court may direct that on the first day of trial or at such other time as the court may set, counsel shall submit an indexed binder or notebook, or the electronic equivalent, of trial exhibits for the court's use. A proposed intervenor or other non-party who seeks relief from the court in such an action shall make his or her application for such relief by electronic means as provided by the NYSCEF system. This subdivision shall not be applicable to orders to show cause or motions in special proceedings brought under Article 7 of the Real Property Actions and Proceedings Law, nor to orders to show cause or motions requesting an order of protection under section 240 of the Domestic Relations Law, unless otherwise ordered by the court. Unless the court orders otherwise, no motion may be adjourned on consent more than three times or for a cumulative total of more than 60 days. Section 202.52 Deposit of funds by receivers and assignees. WebEven the supreme court handles cases, aside verdict to motion, and agreements with. Office and P.O. (ii) Do any of the parties intend to seek or rely upon ESI; Amended Dec. 29. The cost of videotaping or audio recording shall be borne by the party who served the notice for the videotaped or audio recording of the deposition, and such cost shall be a taxable disbursement in the action unless the court in its discretion orders otherwise in the interest of justice. If such stipulation is not returned signed by all parties, the parties shall appear at the conference. (2) Proposed counter-orders or judgments shall be made returnable on the same date and at the same place, and shall be served on all parties by personal service, not less than two days, or by mail, not less than seven days, before the date of settlement. Section 202.67 Infants' and incapacitated persons' claims and proceedings. 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. remaining in the case, the elements of each cause of action and the facts needed to (i) Collateral Proceedings. Proposed Form of Confidentiality Order. 202.27-b Additional Mailing of Notice on an Action Arising from a Consumer Credit Transaction The court shall consider the pro se status of any party in granting relief pursuant to this provision. 202.61 Exchange of appraisal reports in eminent domain proceedings Historical Note January 5, 2015, Amended (b) onJan. 7, 2022, effective February 1, 2022. (d) No party shall challenge the validity of any oath or affirmation administered during a remote deposition on the grounds that. 202.44 Motion to confirm or reject judicial hearing officer' s report . (c) Filing and Service of Documents After Commencement in Actions Under this Section. 202.33 Conduct of the voir dire the cost of conducting discovery. 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. Webare subject to final approval by the Judge in advance of a scheduled Court appearance as per this Parts Rules. The submission of direct testimony in affidavit form shall not affect any right to conduct cross-examination or re-direct examination of the witness. If that number is less than the total number of jurors to be selected (including alternates, where non-designated alternates are being used) plus the maximum number of peremptory challenges allowed by the court or by statute that may be exercised by the parties (such sum shall be referred to as the "jury Panel number"), additional prospective jurors shall be added until the number of prospective jurors not subject to challenge for cause equals or exceeds the jury Panel number. Amended on June 13, 2022, effective effective July 1, 2022. After such issues are disposed of, either or any party to the registration proceeding may apply to the appropriate part or judge, upon eight days' notice to all who have appeared in the registration proceeding, for a final order and judgment of registration, and on such application the court shall try all other issues in the proceeding not disposed of by the jury, or may refer any such issues undisposed of to be tried by an official examiner of title as referee. The court shall ensure that procedures are in place to enforce the duty to negotiate in good faith, as defined in CPLR Rule 3408(f), consistent with the mandates of CPLR Rule 3408(i), (j), and (k). (1) the court reporter or officer is or might not be a notary public in the state where the witness is located; or. (d) Termination of Coordination. 2020, effective February 1, 2021. Added May 26, 2015 effective June 15, 2015, 202.72: Actions Revived Pursuant to CPLR 214-g. 1. (h) Consistent with CPLR 3126, a party should take reasonable steps to preserve ESI that it has a duty to preserve. Added (e)(1)(v) on December 23, 2015Effective March 1, 2016, Amended (a)(1) & added (a)(2) on Dec. 29. (ii) How to register. Coordination pursuant to this section shall apply to pretrial proceedings, including dispositive motions. In complex matters likely to raise significant issues regarding privileged and protected material, parties are encouraged to hire a Special Master to help the parties efficiently generate privilege logs, with costs to be shared. An attorney who waives a challenge may not thereafter exercise a peremptory challenge. (1) Within 60 days after joinder of issued by all defendants named in the complaint in an action for medical, dental or podiatric malpractice, or after the time for a defaulting party to appear, answer or move with respect to a pleading has expired, the plaintiff shall obtain an index number and file a notice of such medical, dental or podiatric malpractice action with the appropriate clerk of the county of venue, together with: (i) proof of service of the notice upon all other parties to the action; (ii) proof that, if demanded, authorizations to obtain medical, dental and hospital records have been served upon the defendants in the action; (iii) copies of the summons, notice of appearance and all pleadings, including the certificate of merit if required by CPLR 3012-a; (iv) a copy of the bill of particulars, if one has been served; (v) a copy of any arbitration demand, election of arbitration or concession of liability served pursuant to CPLR 3045; and. 202.16 of the Supreme court handles cases, aside verdict to motion, and agreements with actions this. 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