new york supreme court part rules

Contested matrimonial Designating an application as an emergency without good cause may be punishable by the issuance of sanctions pursuant to Part 130 of the Rules of the Chief Administrative Judge. (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. (ii) a person identified as a debtor in a financing statement filed pursuant to Subpart one of Part five of Article nine of the Uniform Commercial Code; and. . . Matrimonial actions; calendar control of financial disclosure . The County Clerk or the court, with the approval of the Chief Administrator, may require an exempt attorney or small claims assessment filing agent to submit an additional, unbound hard copy of documents being presented in hard copy to the court. The submission of direct testimony in affidavit form shall not affect any right to conduct cross-examination or re-direct examination of the witness. (f) Counsel who appear before the court must be familiar with the case with regard to which they appear and be fully prepared and authorized to discuss and resolve the issues which are scheduled to be the subject of the appearance. Such order shall set the time and date for the conference and shall specify the papers that shall be exchanged between the parties. In the event the parties wish to deviate from the language in Appendix B, Paragraph 18, they shall submit to the Court a red-line of the proposed changes and a written explanation of why the deviations are warranted in connection with the pending matter. Historical Note Part 14 A request for judicial intervention must be submitted, in duplicate, on a form authorized by the Chief Administrator of the Courts, with proof of service on the other parties to the action (but proof of service is not required where the application is ex parte). (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. Any person seeking recognition of a judgment, decree or order rendered by a court duly established under tribal or federal law by any Indian tribe, band or nation recognized by the State of New York or by the United States may commence a special proceeding in Supreme Court pursuant to Article 4 of the CPLR by filing a notice of petition and a petition with a copy of the tribal court judgment, decree or order appended thereto in the County Clerks office in any appropriate county of the state. A party served by electronic means shall, within 24 hours of service, provide the serving party or attorney with an electronic confirmation that the service has been effected. (ii) other sworn statements or affidavits with respect to any fact which is not feasible to controvert in the opposing party's statement of net worth. . 1. The following will not be heard in the Commercial Division even if the monetary threshold is met: (2) Cases seeking a declaratory judgment as to insurance coverage for personal injury or property damage; (3) Residential real estate disputes, including landlord-tenant matters, and commercial real estate disputes involving the payment of rent only; (4) Home improvement contracts involving residential properties consisting of one to four residential units or individual units in any residential building, including cooperative or condominium units; (5) Proceedings to enforce a judgment regardless of the nature of the underlying case; (6) First-party insurance claims and actions by insurers to collect premiums or rescind non-commercial policies; and. Dec. 21, 1998. (5) In all original creditor and debt buyer actions, the affidavit of non-expiration of statute of limitations set forth in subsection (e), effective October 1, 2014. (2) Unless otherwise expressly provided by any provision of the CPLR or other statute, and in addition to the requirements of 22 NYCRR 202.16 (k) where applicable, the following rules and limitations are required for the submission of papers in all applications (including post judgment applications) for alimony, maintenance, counsel fees, child support, exclusive occupancy, custody and visitation unless said requirements are waived by the judge for good cause shown: (i) Applications that are deemed an emergency must comply with 22 NYCRR202.8 (e) and provide for notice, where applicable, in accordance with same. Parties and nonparties should adhere to the Electronically Stored Information (ESI) Guidelines set forth in Appendix A hereto. The Notice shall be on a form prescribed by the Chief Administrator, and it shall set forth the purpose of the conference, the requirements of CPLR Rule 3408, instructions to the parties on how to prepare for the conference, and what information and documents to bring to the conference as specified in CPLR Rule 3408(e). (g) In the event that the party examined intends at the trial to offer evidence of further or additional injuries or conditions, nonexistent or not known to exist at the time of service of the original medical reports, such party shall, within 30 days after the discovery thereof, and not later than 30 days before trial, serve upon all parties a supplemental medical report complying with the requirements of paragraph (b)(1) of this section, and shall specify a time, not more than 10 days thereafter, and a place at which a further examination may be had. Feb. 9, 1987. [Reserved] [Previous rule repealed in June 2020]. No allowances, fees or commissions shall be paid out until so fixed and directed by the court. The court may permit a greater number of alternates if a lengthy trial is expected or for any appropriate reason. Charged-off consumer debt means a consumer debt that has been removed from an original creditors books as an asset and treated as a loss or expense. Amended (a). Counsel may be permitted to ask follow-up questions. (a) Meet and Confer: General. Except to the extent that this section shall otherwise require, the provisions of section 202.5-b of these rules shall govern electronic filing under this section. The editing shall reflect the rulings of the court and shall remove all references to the objections. 7, 2022, effective April 11, 2022, Amended Rule 4 on April 1 2022,effective April 18, 2022, Amended Rule 19-a (b) on Apr. After assignment to the judge, the court shall provide for appropriate notice to the parties of the name of the assigned judge. (8) The testimony taken and all exhibits marked in evidence shall be filed with the report of the referee. (d) Readiness for Trial. An authorized e-filing user shall maintain his or her User ID and password as confidential, except as provided in paragraph (4) of this subdivision. WebPart IA-2. Address: Attorney(s) for Defendant(s) (c) If the net amount obtained for the infant, or incapacitated person in any approved settlement does not exceed the amount set forth in CPLR 1206(b), the court may permit it to be paid pursuant to CPLR 1206(b). Where a motion is brought on by order to show cause, the court may set forth in the order that oral argument is required on the return date of the motion. 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. The director shall submit to the court for its consideration such papers as the director may deem appropriate. (5) Working copies. If all parties sign the form and return it to the court before the scheduled preliminary conference, such form shall be "so ordered" by the court, and, unless the court orders otherwise, the scheduled preliminary conference shall be cancelled. Section 202.68 Proceedings involving custody of an Indian child. This subdivision shall not be construed to extend any jurisdictional limitations period. 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. Designated alternate jurors shall be selected in the same manner as described above, with the order of exercise of peremptory challenges continuing as the next round following the last completed round of challenges to regular jurors. Such consultation shall not be required where one or both parties is self-represented or where the expert testimony relates to matters of child custody or parental access, domestic violence, domestic abuse, or child neglect or abuse. (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. review proceed. (i) No action or proceeding to which this section is applicable shall be deemed ready for trial unless there is compliance with the provisions of this section and any order issued pursuant thereto. Counsel or parties are required to confirm all adjournment requests prior A party who has commenced an action electronically shall serve upon the other parties together with the initiating documents a notice of e-filing in a form approved by the Chief Administrator. A single memorandum of no more than 7,000 words shall be submitted by each side. (3) Where a person submitting a paper to a court for filing believes in good faith that the inclusion of the full confidential personal information described in subparagraphs (i) to (iv) of paragraph (1) of this subdivision is material and necessary to the adjudication of the action or proceeding before the court, he or she may apply to the court for leave to serve and file together with a paper in which such information has been set forth in abbreviated form a confidential affidavit or affirmation setting forth the same information in unabbreviated form, appropriately referenced to the page or pages of the paper at which the abbreviated form appears. Default Judgment and Judgment of Foreclosure and Sale (g) Expert Witnesses and Other Trial Matters. 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. (g) The affidavits required by this section shall be supported by exhibits, including a copy of the credit agreement as defined in this section, the bill of sale or written assignment of the account where applicable, and relevant business records of the Original Creditor that set forth the name of the defendant; the last four digits of the account number; the date and amount of the charge-off balance; the date and amount of the last payment, if any; the amounts of any post-charge-off interest and post-charge-off fees and charges, less any post-charge-off credits or payments made by or on behalf the defendant; and the balance due at the time of sale. Any such motion shall be determined within 30 days after the motion is submitted for decision. (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. . (6) In making sales at auction of personal property, the assignee shall give at least 10 days' notice of the time and place of sale and of the Articles to be sold, by advertisement in one or more newspapers. Counsel are encouraged to work together to select a mediator or neutral evaluator that is mutually acceptable and may wish to consult any list of approved neutrals in the county where the case is pending. Again, the Commission is satisfied that the Amended Motion for Reconsideration does not state any basis on which the Decision and Order was erroneous or unlawful under the Act or regulations. (9) After jury selection is completed, counsel shall advise the clerk of the assigned Trial Part or of the Trial Assignment Part or other designated part. 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. (b) Pre-Voir Dire Settlement Conference. By virtue of its specialized subject matter jurisdiction, exceptional judicial expertise, rules and procedures dedicated to commercial practice, and commitment to high standards of attorney professionalism, the Division has established itself at the forefront of worldwide commercial litigation in the twenty-first century. The parties are encouraged to utilize any reasoned method of organizing the documents that will facilitate an orderly assessment as to the appropriateness of withholding documents in the specified category. Materials submitted in violation hereof will not be read or considered. Added July 19, 2019 effective July 31, 2019, PART 202. (4) Matters requiring immediate disposition may be assigned to a judge designated to hear such matters when the assigned judge is not available. (1) At any time after filing of the note of issue and certificate of readiness, any party to a tax assessment review proceeding may demand, by application served on all other parties and filed with the court, together with proof of such service, a pretrial conference, or the court on its own motion may direct a pretrial conference at a time and date to be fixed by the court. Except where a party appears in the action pro se, an attorney thoroughly familiar with the action and authorized to act on behalf of the party shall appear at such conference. (a) For each document request propounded, the responding party shall, in its Response and Objections served pursuant to CPLR 3122(a) (the "Responses"), either: i. state that the production will be made as requested; or. A party seeking a preference pursuant to CPLR 3403(a)(3) in an action for damages for personal injuries or for causing death shall serve and file in support of the demand or application, whether in the note of issue or subsequent thereto, a copy of: (2) the complaint, answer and bill of particulars, conforming to CPLR 3043 and 3044; (3) each report required by this Part to be served by the parties relating to medical information; (4) a statement that the venue of the action was properly laid; and. (i) Use at Trial. The judicial hearing officer shall be designated and assigned by the appropriate administrative judge to hear such proceedings as determined by that judge or by the assessment review clerk, and the hearing shall be conducted in accordance with this section. (a)(1) The party filing the first paper in an action, upon payment of the proper fee, shall obtain from the county clerk an index number, which shall be affixed to the paper. Also, a judgment will affect your credit score and can affect your ability to rent a home, find a job, or take out a loan. If any party desires at the trial to offer the testimony of additional treating or examining medical providers, other than whose medical reports have been previously exchanged, the medical reports of such medical providers, complying with the requirements of paragraph (b)(1) of this section, shall be served upon all parties at least 30 days before trial. (e) Nothing in this rule shall preclude a party from seeking any form of relief otherwise permitted under the Civil Practice Law and Rules. Rule 32-a. Counsel shall comply with CPLR 2103(e). (vi) the scope, extent, order, and form of production; At the discretion of the court, the conference may be held on the record. January 5, 2015, Amended (b) onJan. 7, 2022, effective February 1, 2022. (A) Who Must File: Contents. (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. This section shall apply when related actions are pending in the courts of the Unified Court System in more than one judicial district and it may be appropriate for these actions to be coordinated pursuant to the criteria and procedures set forth in this section. 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: If plaintiff fails to make the motion, the defendant shall so move within 30 days after notice of such filing was given. Preclusion. Amended (1)(b), (1)(c), and added (1)(c)(6) & (1)(c)(7) on Dec. 4, 2012. Section 202.8-e Temporary Restraining Orders. Should the provisional bond already filed be deemed sufficient, an order may be granted making such bond, as approved, the final bond. Tax certiorar 202.33 Conduct of the voir dire 202.28 Discontinuance of actions A certificate of readiness and a note of issue may not be filed until a preliminary conference has been held pursuant to this subdivision. In such event, each working copy shall include, firmly affixed thereto, a copy of a confirmation notice in a form prescribed by the Chief Administrator. The court may further direct that any agreements reached in this regard shall be reduced to a written stipulation. Historical Note In that event, the court, after consulting with the parties, shall specify the order in which the peremptory challenges shall be exercised in a manner that shall balance the interests of the parties. Section 202.5-a Filing by Electronic Transmission. 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. State alleged medical specialty of each individual defendant, if known. (a) Applications for approval of compromises of third-party actions pursuant to subdivision 5 of section 29 of the Workers' Compensation Law must include all papers described therein, and a proposed order providing that the appropriate insuring body file an affidavit within a specified time consenting to or opposing the application. (a) Applicability. complaint, and shall provide instructions as to what must be done to effectuate a There shall be a dedicated part(s) of Supreme Court in each Judicial District which shall be assigned all actions revived pursuant to CPLR 214-g (214-g Part). 2020, effective February 1, 2021. (b) If appellant does not comply herewith, the County Court may, upon respondent's motion or upon its own motion, dismiss the appeal. (iv) proceedings brought pursuant to the mental hygiene law; Pre-Marking of Exhibits. No action or special proceeding shall be deemed ready for trial or inquest unless there is first filed a note of issue accompanied by a certificate of readiness, with proof of service on all parties entitled to notice, in the form prescribed by this section. (2) A County Clerk or chief clerk shall signify a refusal to accept a paper by use of a stamp on the paper indicating the date of the refusal and by providing on the paper the reason for the refusal. (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. section 202.33 of the Rules of the Chief Administrator of the Courts. (1) A signed copy of the attorney's retainer agreement with the client shall accompany the statement of net worth filed with the court, and the court shall examine the agreement to assure that it conforms to Appellate Division attorney conduct and disciplinary rules. (2) Neither party shall transfer, encumber, assign, remove, withdraw or in any way dispose of any tax deferred funds, stocks or other assets held in any individual retirement accounts, 401K accounts, profit sharing plans, Keogh accounts, or any other pension or retirement account, and the parties shall further refrain from applying for or requesting the payment of retirement benefits or annuity payments of any kind, without the consent of the other party in writing, or upon further order of the court, except that any party who is already in pay status may continue to receive such payments thereunder. Additionally, counsel for all parties may stipulate to having the case determined by a summary jury trial pursuant to any applicable local rules or, in the absence of a controlling local rule, with permission of the court. For example, the failure to appear (or the appearance without proper preparation) at scheduled court dates, depositions or hearings is generally viewed as highly improper in the Commercial Division, and can readily result in the imposition of sanctions and penalties as permitted under statute and court rule (see, e.g., CPLR 3126; see also 22 NYCRR Part 130). A military calendar is for cases where a party to an action or a witness necessary upon the trial is in military service, and is not presently available for trial, and a deposition cannot be taken, or, if taken, would not provide adequate evidence. A trial by jury may be demanded as provided by CPLR 4102. Discovery of Electronically Stored Information. (7) Military Calendar. DEBORAH A. KAPLAN. The court shall schedule a compliance conference unless the court dispenses with the conference based upon a stipulation of compliance filed by the parties. If served by any party other than the party to be examined, the notice shall name the examining medical provider or providers. (3) Within seven days of filing the petition with the County Clerk, the petitioner personally shall deliver or send by certified mail, return receipt requested, a copy of the petition to the Commissioner of Transportation of the City of New York or the commissioner's designee. (g) A party may move to advance the date of a preliminary conference upon a showing of special circumstances. Part17 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. (5) If the judge or referee believes that the papers are insufficient, the complaint shall either be dismissed for failure of proof or a hearing shall be directed to determine whether sufficient evidence exists to support the cause of action. The proponent of the videotaped deposition shall have the responsibility of providing whatever equipment and personnel may be necessary for presenting such videotape deposition. . The Panel shall provide notice and an opportunity to be heard to all parties to the actions sought to be coordinated and shall inform the justices before whom such actions are pending of the initiation of proceedings before the Panel. (l) Transcription for Appeal. 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. (iii) Emergency exception; other hard copy filings. Such stipulation shall be effective unless the court otherwise directs. 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. (h) Consistent with CPLR 3126, a party should take reasonable steps to preserve ESI that it has a duty to preserve. (2) Absent agreement by the parties, a request by any party for an adjournment shall be submitted in writing, upon notice to the other party, to the assigned judge on or before the return date. Section 202.17 Exchange of medical reports in personal injury and wrongful death actions. (3) When an assignee is removed, voluntarily or involuntarily, and another person has been appointed as assignee, a certified copy of the order shall be filed with the clerk of the county where the original assignment was recorded. The estimates of the length of testimony and the order of witnesses provided by counsel are advisory only and the court may permit witnesses to be called in a different order and may permit further testimony from a witness notwithstanding that the time estimate for such witness has been exceeded. Consultation prior to Preliminary and Compliance Conference. Historical Note The official home page of the New York State Unified Court System. filed Oct. 13, 1999; amd. In the absence of a showing of significant prejudice, the affirmation must demonstrate that a good faith effort has been made to notify the party against whom the temporary restraining order is sought of the time, date and place that the application will be made in a manner sufficient to permit the party an opportunity to appear in response to the application. Currently a Senior Registered Foreign Lawyer (England and Wales) in Allen & Overys Asia-Pacific Arbitration Group based in Hong Kong, she previously practised at Three Crowns in Discovery proceedings now known to be necessary completed. (1) Uncontested matrimonial actions, proceedings for dissolution of marriages and applications of declaratory judgments shall be assigned to judges or special parts of court as the Chief Administrator shall authorize. (b) Except as set forth in subdivision (c) of this section, and unless otherwise ordered by the court, the State Division of Human Rights shall have 20 days after service of the notice of petition and petition to file with the court the written transcript of the record of all prior proceedings upon which its order was made. The charge-off statement or the monthly statement recording the most recent purchase transaction, payment or balance transfer shall be deemed sufficient evidence of a credit agreement. (b) Failure to submit the order or judgment timely shall be deemed an abandonment of the motion or action, unless for good cause shown. The face of the envelope shall be addressed to the defendant at the address at which process was served, and shall contain the defendant's name, address (including apartment number) and zip code. (2) There shall be a Unified Court System Uncontested Divorce Packet which shall contain the official forms for use in uncontested matrimonial actions. 2. 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. filed Jan. 9, 1986; amd. . If in person, his or her address and telephone number, and if by attorney, the name, address and telephone number, shall be endorsed on every appearance filed by such attorney. Sec. 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. Hon. (e) Witnesses and defending attorneys shall have the right to review exhibits at the deposition independently to the same degree as if they were given paper copies. Such submission shall include a copy for each attorney on trial and the originals in a similar binder or notebook for the witnesses. If there is no such part, petitions shall be returnable before the judge is assigned. Sec. Upon learning of the compromise of the confidentiality of either the User ID or the password, an authorized e-filing user shall immediately notify the Resource Center. ii. If the notice is served by the party to be examined, the examining parties shall, within five days of receipt thereof, submit to the party to be examined the name of the medical providers who will conduct the examination. (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. A party may not charge, impose or otherwise require payment from the other party for any cost, including but not limited to attorneys' fees, for appearance at or participation in the settlement conference.

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