(c) Adjournment of Motions. Cited documents filed with NYSCEF that are accessible through bookmarks in the electronically submitted document need not also be hyperlinked. (2) The exchange and filing of appraisal reports shall be accomplished by the following procedure: (i) the respective parties shall file with the clerk of the trial court one copy, or in the event that there are two or more adversaries, a copy for each adversary, of all appraisal reports intended to be used at the trial. (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. Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits of a motion are not permitted, except that counsel may inform the court by letter of the citation of any post-submission court decision that is relevant to the pending issues, but there shall be no additional argument. If sales, leases or other transactions involving comparable properties are to be relied on, they shall be set forth with sufficient particularity as to permit the transaction to be readily identified, and the report shall contain a clear and concise statement of every fact that a party will seek to prove in relation to those comparable properties. . Created in 1995, todays Commercial Division of the New York State Supreme Court is an efficient, sophisticated, uptodate court dealing with challenging commercial cases. The jury Panel number for designated alternate jurors shall be equal to the number of alternates plus the maximum number of peremptory challenges allowed by the court or by statute that may be exercised by the parties. In any court not continuously in session, the calendars at the close of one term shall be used to open the following term and actions on the calendars shall retain their positions. (e) A subpoena must advise a nonparty entity of its duty to make the designations discussed in this Rule. the Codes of Civil and Criminal Procedure, the Rules of the Court of Appeals and Supreme Court and the Session Laws" von D M (Donald M ) Bain. Amended (c) on June 13, 2022, effective effective July 1, 2022. Where a case is reasonably likely to include electronic discovery counsel shall, prior to the preliminary conference, confer with regard to any anticipated electronic discovery issues. Address: No allowances, fees or commissions shall be paid out until so fixed and directed by the court. 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. (c) The affirmation of the good faith effort to resolve the issues raised by the motion shall indicate the time, place and nature of the consultation and the issues discussed and any resolutions, or shall indicate good cause why no such conferral with counsel for opposing parties was held. Adherence to Discovery Schedule, Expert Disclosure. (a) In an inquest to ascertain damages upon a default, pursuant to CPLR 3215, if the defaulting party fails to appear in person or by representative, the party entitled to judgment, whether a plaintiff, third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim, may be permitted to submit, in addition to the proof required by CPLR 3215(e), properly executed affidavits as proof of damages. Sealing of Court Records in Civil Actions in the Trial Courts Part 217. (1) "Chief Administrator of the Courts" in this Part also includes a designee of the Chief Administrator. 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. If the court's Part Rules address discovery disputes, those Part Rules will govern discovery disputes in a pending case. Section 202.16 Application of Part 202 and Section 202.16. Section 202.6 Request for judicial intervention. filed Feb. 16, 1988 eff. Affidavits may be augmented to provide explanatory details, and supplemental affidavits may be filed for the same purpose. Uncontested matrimonial HON. All signed decisions, orders and judgments shall be converted into electronic form and transmitted to the NYSCEF site by the appropriate clerk. (b) Each Response shall state: (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 objection(s) forms the basis for the responding partys 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. Unless the court directs otherwise, any document that requires a judge's signature shall be transmitted electronically and in hard copy to the court. When e-filing is hindered by a technical failure, a party may file with the appropriate clerk and serve in hard copy. (b) In any action where it is necessary to take an inquest before the court, the party seeking damages may submit the proof required by oral testimony of witnesses in open court or by written statements of the witnesses, in narrative or question-and-answer form, signed and sworn to. Sec. 202.5-bb. 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. 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. (b) How to use the EDDS. 2. (c) Counterclaims and Cross-Claims. When appropriate, proposed orders should be submitted with motions, e.g., motions to be relieved, pro hac vice admissions, open commissions, etc. Documents may be transmitted at any time of the day or night to the NYSCEF site. Sec. No hearing officer shall use letterhead or business cards bearing the title of hearing officer except in direct connection with such person's official duties as hearing officer. (4) The administrative judge shall screen each applicant in conformance with the requirements set forth in section 731 of the Real Property Tax Law or section 19-152.3(d) of the Administrative Code of the City of New York, for qualifications, character and ability to handle the hearing officer responsibilities, and shall forward the names of recommended nominees, with a summary of their qualifications, to the Chief Administrator for appointment. The County Clerk may require the parties to furnish previously filed hard copy documents in electronic form. (1) The exchange and filing of appraisal reports shall be accomplished by the following procedure: (i) The respective parties shall file with the clerk of the trial court one copy, or in the event that there are two or more adversaries, a copy for each adversary, of all appraisal reports intended to be used at the trial. To express their consent to have New York law apply to the contract between them, or any disputes under such contract, the parties may include specific language in their contract, such as: "THIS AGREEMENT AND ITS ENFORCEMENT, AND ANY CONTROVERSY ARISING OUT OF OR RELATING TO THE MAKING OR PERFORMANCE OF THIS AGREEMENT, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE OF NEW YORK, WITHOUT REGARD TO NEW YORK'S PRINCIPLES OF CONFLICTS OF LAW. (5) Confidentiality. These orders shall remain in full force and effect during the pendency of the action unless terminated, modified or amended by further order of the court or upon written agreement between the parties. Any party may request oral argument on the face of its papers or in an accompanying letter. 202.24 Special preferences The action or proceeding then may be assigned to another judge for trial in a manner prescribed by the Chief Administrator. 202.20-e Adherence to Discovery Schedule. (d) Assignment to the Commercial Division. Sec. (2) Where parties are represented by counsel, only attorneys fully familiar with the action and authorized to dispose of the case, or accompanied by a person empowered to act on behalf of the party represented, shall appear at the conference. (j) Assignee's Commissions and Attorney's Fees. The name of such person or attorney shall be entered in the docket. (4) Matters requiring immediate disposition may be assigned to a judge designated to hear such matters when the assigned judge is not available. 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. The parties may make audio copies of the deposition and thereafter may purchase additional audio and audio-visual copies. 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. (a) Form of Judgments. 202.3 Individual assignment system; structure These emergency applications shall receive a preference by the clerk for processing and the court for signature. No person who is appointed a hearing officer shall, in any public advertisement published or distributed to advance such person's business or professional interests, refer to his or her status as a hearing officer. She has almost a decades legal experience in international arbitration and domestic litigation. At the discretion of the judge, the limits established may consist of a general period for the completion of the questioning, a period after which attorneys shall report back to the judge on the progress of the voir dire, and/or specific time periods for the questioning of Panels of jurors or individual jurors. filed March 25, 1987 eff. (n) Upon request of a party, the court may permit direct testimony of that party's own witness in a non-jury trial or evidentiary hearing shall be submitted in affidavit form, provided, however, that the opposing party shall have the right to object to statements in the direct testimony affidavit, and the court shall rule on such objections, just as if the statements had been made orally in open court. 202.63 Assignment for benefit of creditors (a) Papers and correspondence by fax. Section 202.46 Damages, inquest after default; proof. 202.20 Interrogatories. (d) At the conclusion of the conference, the court shall make a written order including its directions to the parties as well as stipulations of counsel. (c) Where the trial is by jury, counsel shall, on the first day of the trial or such other time as the court may set, provide the court with case-specific requests to charge and proposed jury interrogatories. Personal service of initiating documents upon a party in an action that must be commenced electronically in accordance with this section shall be made as provided in Article 3 of the Civil Practice Law and Rules, or the Real Property Tax Law, or by electronic means if the party served agrees to accept such service. (4) Neither party shall cause the other party or the children of the marriage to be removed from any existing medical, hospital and dental insurance coverage, and each party shall maintain the existing medical, hospital and dental insurance coverage in full force and effect. (c) Judgments submitted to the court shall be accompanied by a complete form UCS 111 (Child Support Summary Form). (4) 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. 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. Except where the Chief Administrator authorizes use of electronic signatures, decisions, orders and judgments signed by a judge shall be signed in hard copy. (2) Notice of the time and place of the hearing before a referee appointed to take and state an assignee's account or to hear and report on a referred issue of fact shall be given by mail, with the postage thereon prepaid, at least 20 days before the date specified in said notice, to the assignor, the assignee's surety and to each creditor whose name appears on the books of the assignor or on the schedule, or who has presented his or her claim or address to the assignee, and to each attorney who has appeared for any person interested in the assigned estate. WebCivil Term - Part Rules, Part 35, Courtroom 43 JUSTICE TIMOTHY J. DUFFICY Supreme Court of the State of New York Queens County - Civil Term Part 35 Courtroom 43 88-11 (d) No party shall challenge the validity of any oath or affirmation administered during a remote deposition on the grounds that. 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. (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." George Nolan 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. 9. Added July 19, 2019 effective July 31, 2019, PART 202. The appraisal reports also may contain photographs of the property under review and of any comparable property that specifically is relied upon by the appraiser, unless the court otherwise directs. However, courtesy copies of all motion papers and proposed orders shall be submitted in cases in the court's Filing by Electronic Means System. Uniform Civil Rules for the Justice Courts Part 215. A party may serve such documents electronically by filing them with the NYSCEF site and thus causing transmission by the site of notification of receipt of the documents, which shall constitute service thereof by the filer. Whenever reliance is placed upon a decision or other authority not readily available to the court, a copy of the case or of pertinent portions of the authority shall be submitted with the motion papers. (4) Official record; maintenance of files . Amended (a). Section 202.26 Settlement and Pretrial Conferences. (v) What is the likelihood that discovery of ESI will aid in the resolution of the dispute. Default Judgment and Judgment of Foreclosure and Sale Judges to whom actions and proceedings are assigned pursuant to the individual assignment system may schedule calls of any calendars they have established at such times as they deem appropriate. filed Jan. 9, 1986; amds. An authorized e-filing user shall notify the Resource Center immediately of any change in the information provided on his or her registration form. The timeframes must be complied with unless otherwise shortened or extended by the court depending upon the circumstances of the case. Section 202.1 Application of Part; Waiver; Additional Rules; Application of CPLR; Definitions. CPLR 2101(b). . (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. Counsel shall make a good faith effort to reach agreement on these matters in advance of the conference. (a) A notice or subpoena may name as a deponent a corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. There shall be such parts of court as may be authorized from time to time by the Chief Administrator of the Courts. In order for a party to a court action or proceeding to use the EDDS to transmit one or more court documents to a court, such party must: (1) have use of a computer or other electronic device that permits access to the Internet, an email address and telephone number, and a scanner to digitize documents or some other device by which to convert documents into an electronically transmissible form; and. Sworn statements of net worth, except as provided in subdivision (k) of this section, exchanged and filed with the court pursuant to section 236 of the Domestic Relations Law, shall be in substantial compliance with the Statement of Net Worth form contained in appendix A of this Part. 202.59 Tax assess. Notwithstanding the foregoing, an unrepresented litigant or a proposed intervenor or other non-party seeking relief from the court who is unrepresented is exempt from having to file and serve documents electronically in accordance with this section. Issues raised by the motion and not resolved at the conference shall be determined by the court. Sec. . (a) Trial Judge. Except in cases before justices who require oral argument on all motions, the court will determine, on a case-by-case basis, whether oral argument will be heard and, if so, when counsel shall appear. (c) Since the court is setting aside a specific time or time interval for the case and since there are occasions when the courts electronic or other notification system fails or occasions when a party fails to receive the court-generated notification, each attorney who receives notification of an appearance on a specific date and time is responsible for notifying all other parties by e-mail that the matter is scheduled to be heard on that assigned date and time. 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. (c) Application for Jury Trial. 202.28 Discontinuance of actions Section 202.10 Appearance at Conferences. (i) Orders transferring cases pending in other courts which are subject to the provisions of this section, whether or not such cases are consolidated with cases pending in the court to which transferred, shall contain such provisions as are required to bring the transferred cases into compliance with this rule. (2) No discharge shall be granted an assignee and his or her sureties in any case, whether or not the creditors have been paid, or have released, or have entered into composition, except in a regular proceeding for an accounting under the applicable provisions of the Debtor and Creditor Law, commenced by petition, and after due and timely notice thereof to all persons interested in the estate. (e) Nothing in this rule shall preclude a party from seeking any form of relief otherwise permitted under the Civil Practice Law and Rules. 202.13 Removal of actions without consent to courts of Ltd. jurisdiction The movant shall, upon request, promptly provide the respondent with a copy of the material statement of facts in the same word processing software application in which the statement was prepared. At the preliminary conference, counsel shall be prepared to furnish the court with the following: (i) a complete caption, including the index number; (ii) the name, address, telephone number, e-mail address and fax number of all counsel; (iii) the dates the action was commenced and issue joined; (iv) a statement as to what motions, if any, are anticipated; and (v) copies of any decisions previously rendered in the case. (8) If counsel objects to anything said or done by any other counsel during the selection process, the objecting counsel shall unobtrusively request that all counsel step outside of the juror's presence, and counsel shall make a determined effort to resolve the problem. Rule 18. (f) No case otherwise eligible to be noticed for trial may be noticed unless there has been compliance with this rule, or an order dispensing with compliance or extending the time therefor has been obtained; or, where the party to be examined was served a notice as provided in subdivision (a) of this section, and the party so served has not responded thereto. Rule 32. 1If any party is appearing pro se, the name, address and telephone number of such party shall be stated. Section 202.68 Proceedings involving custody of an Indian child. (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. filed Jan. 9, 1986 ; amd. 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. Each county clerk, and each chief clerk of the Supreme Court. 202.44 Motion to confirm or reject judicial hearing officer' s report . Accelerated Adjudication Actions. produce a document stating clearly and concisely the issues asserted in the (c) Spoliation of evidence motions where the issue of spoliation impacts the ultimate outcome of the action; Section 202.57 Judicial review of orders of the State Division of Human Rights; procedure. A counterclaim or cross-claim which is not entitled to a preference shall not itself defeat the plaintiff's right to a preference under this section. Rule 9. Amended (i). Former President Donald Trump and his children will not be able to evade the $250 million fraud lawsuit filed against them by New York Attorney General Letitia James. No proposed order should be submitted with motion papers on a dispositive motion.
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new york supreme court part rules