Historical Note (b) Special Procedure for Unassigned Cases. (1) The court shall hold a settlement conference in accordance with CPLR 3409 within 45 days after the filing of the note of issue and certificate of readiness or, if a party moves to vacate the note of issue and certificate of readiness and that motion is denied, within 45 days after denial of the motion. In the event that the court grants permission for an oversize submission, the certification required by paragraph (c) above shall set forth the number of words in the document and certify compliance with the limit, if any set forth by the court. Upon the filing of the schedule and inventory, the amount of the bond shall be determined finally. If such stipulation is not returned by all parties, the conference shall be held on the assigned date. 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. 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. (ii) The order of the Panel shall specify the number of Coordinating Justices and the county or counties in which the coordinated proceedings shall take place. Such submission shall include a copy for each attorney on trial and the originals in a similar binder or notebook for the witnesses. Rule 32. Notwithstanding any provision of Article eighty of the CPLR, no fee shall be collected pursuant to such Article in such a special proceeding. Length of Trial. Historical Note (4) Unless the court excuses their presence, the parties personally must be present in court at the time of the compliance conference. Other (not itemized above) (specify), Indicate if this action is brought as a class action. (3) 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. 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. 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. . Historical Note . Settlements and Discontinuances. In any case where the interests of justice will not be promoted by service of such reports and delivery of such authorizations, an order dispensing with either or both may be obtained. Amended (a)(1). State full name, address and age of each plaintiff. This notification shall be made in addition to the filing of a stipulation with the County Clerk. Registration shall be on a form prescribed by the Chief Administrator. (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. Rule 22. review proceed. (c) Requests for the production of ESI may specify the format in which ESI shall be produced, to which the responding party may object. 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. Where procedurally permitted, upon court direction, an application by a party to the court, or a stipulation among the parties, a pending action may be converted to electronic form. . Uncontested matrimonial The neutral shall determine whether a submission should be provided to the neutral and the service thereof. Section 202.23 Staggered Court Appearances. Amended on Dec. 29. (a) General. filed Oct. 13, 1999; amd. A judge, party or attorney may add his or her signature to a stipulation or other filed document by signing and filing, or causing to be filed, a Certification of Signature for such document in a form prescribed by the Chief Administrator. (j) Any party may move to compel compliance or to be relieved from compliance with this rule or any provision thereof, but motions directed to the sufficiency of medical reports must be made within 20 days of receipt of such reports. In other respects, electronic discovery shall proceed as set forth in Rule 11-c. (i) the production of electronic documents shall normally be made in a searchable format that is usable by the party receiving the e-documents; (ii) the description of custodians from whom electronic documents may be collected 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; and. June 11, 2001. AmendedRule 8 of section 202.70(g) on Sept 23, 2013, Added Rule 9 of section 202.70(g) on Apr 17, 2014, Added Rule 11-a of section 202.70(g) on Jun. Procedures for questioning, challenging and selecting jurors authorized by 202.7 Calendaring of motions; uniform notice of motion form; . (v) What is the likelihood that discovery of ESI will aid in the resolution of the dispute. Notwithstanding the foregoing, the cumulative presumptive durational limit may be enlarged by agreement of the parties or upon application for leave of Court, which shall be freely granted. The following procedures shall govern all disclosure conferences conducted by non-judicial personnel. (required only where the motion relates to disclosure or to a bill of particulars), Pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of this motion. Copies of the reports of the examining medical providers, complying with the requirements of subdivision (c) of this section, shall be served within 10 days after completion of such further examination. Submission of Information; Certification Relating to Alternative Dispute Resolution. (a) Upon the trial of an action, the following papers, if not yet submitted, shall be submitted to the court by the party who has filed the note of issue: (1) copies of all pleadings marked as required by CPLR 4012; and. Plaintiff's exhibits shall be numerically tabbed, and defendant's exhibits shall be tabbed alphabetically. 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. Except as otherwise may be authorized by the Chief Administrator or by these rules, every action and proceeding shall be assigned and heard pursuant to the individual assignment system. (a) When a judicial hearing officer or referee appointed to hear and report has duly filed his or her report, together with the transcript of testimony taken and all papers and exhibits before him or her in the proceedings, if any, and has duly given notice to each party of the filing of the report, the plaintiff shall move on notice to confirm or reject all or part of the report within 15 days after notice of such filing was given. Motion to confirm or reject judicial hearing officer' s report . (7) Exhibits and other documents in hard copy. Copies of the summons, notice of appearance, all pleadings, certificate of merit, if required, and the bill of particulars if one has been served, are attached. 2020, effective February 1, 2021. Failure to comply with this rule may be treated as a default for purposes of Rule 202.27 and/or may be treated as a failure to appear for purposes of Rule 130-2.1, provided that, in matrimonial actions and proceedings, consistent with applicable case law on defaults in matrimonial actions, failure to comply with this rule may, either in lieu of or in addition to any other direction, be considered in the determination of any award of attorney fees or expenses. (iii) Correction. each produce a document stating each of the elements in the causes of action at A party who has not consented to participation shall file documents with the court and the County Clerk, and serve and be served with documents, in hard copy. The note of issue and certificate of readiness may not be filed until the completion of expert disclosure. Such consultation must take place by an in-person or telephonic conference. Such material cannot be disclosed to anyone not involved in the litigation or to the court, and may not be used in any fashion in the litigation of the case. Counsel must attach copies of all pleadings and other documents as required by the CPLR and as necessary for an informed decision on the motion (especially on motions pursuant to CPLR 3211 and 3212). (i) When documents are filed. Costs of such motion, including reasonable attorneys' fees, shall be borne by the parties pro rata, except a party who did not request any relief. The print size of footnotes shall be no smaller than 10 point. If fewer prospective jurors are needed due to the use of designated alternate jurors or for any other reason, the size of the Panel may be decreased. 202.35 Submission of papers for trial The petitioner shall complete all items listed on such form. Historical Note (x) the anticipated cost and burden of data recovery and proposed initial allocation of such cost. A filing fee of $25 shall be paid at the time of filing, which may be in the form of a check payable to the County Clerk. The officer before whom the deposition is taken shall be a person authorized by statute and shall identify himself or herself and swear the witness on camera. The court may order a referee to hear and determine such a special proceeding. David A. Morris (4) The assessment review clerk shall file the petition and the attached decision and order with the County Clerk. (e) Ex parte motions submitted to a judge outside of the county where the underlying action is venued or will be venued shall be referred to the appropriate court in the county of venue unless the judge determines that the urgency of the motion requires immediate determination. 202.20-b Limitations on Depositions. Part 40 If more than one application for such authority is subsequently made, the petition must set forth, by a statement of receipts, disbursements and expenses, the result of the continuance of such business for or during the period for which the same was previously authorized. 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. County Court judge; ex parte applications in Sup. (c) The order appointing a receiver or assignee shall incorporate subdivisions (a) and (b) of this section. (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. . Where a jury trial has been demanded, the action or special proceeding shall be scheduled for jury trial upon payment of the fee prescribed by CPLR 8020 by the party first filing the demand. 202.8-e Temporary Restraining Orders. Whenever documents are filed electronically that require the payment of a filing fee, the person who files the documents shall provide therewith, in payment of the fee: (i) such credit card information as shall be required at the NYSCEF site to permit a card to be charged by the County Clerk; or (ii) the form or information required by the County Clerk to permit him or her to debit an account maintained with the County Clerk by an attorney or law firm appearing for a party to the action; or (iii) such information as shall be required at the NYSCEF site to permit an automated clearing house debit to be made; or (iv) any other form of payment authorized by the Chief Administrator. (c) Where all parties file a written consent to the entry of a judgment or order, it may be presented at a motion part for consideration by the court. (b) Court Order. (a) Petitions for Registration. You should respond to the lawsuit as soon as possible by filing an answer. You may wish to contact an attorney. (D) The parties may agree to engage a private neutral. filed: March 25, 1987; Feb. 16, 1988; Nov. 30, 1993; July 5, 1994; Feb. 12, 1996; March 25, 1996; Feb. 5, 1997; Oct. 9, 1997; Jan. 8, 1998; July 26, 2000; June 14, 2001 Upon such notice, or as otherwise required, the receiving party or parties shall promptly return or destroy all such material, including copies, except as may be necessary to bring a challenge before the Court. Section 202.47 Transcript of judgment; receipt stub. (3) The papers in each proceeding shall be kept in a separate file, as required by section 18 of the Debtor and Creditor Law. 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. 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. Section 202.13 Removal of actions without consent to courts of limited jurisdiction. 202.39 [Reserved] All information required by CPLR 3101(d)(1)(i) is attached, a request for such information has not been made. The filing of a consent to e-filing hereunder shall not constitute an appearance in the action under CPLR 320. After the trial of the issues has begun, any such application must be made to the trial judge and shall be entertained only in unusual and extraordinary circumstances. 202.18 Testimony of court-appt expert witness in matrimonial action demand has not been made for such authorizations. remaining in the case, the elements of each cause of action and the facts needed to Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper and, where the case has been assigned to an individual judge, shall contain the name of the assigned judge to the right of the caption. 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. (b) In such a case, the papers opposing a motion for summary judgment shall include a correspondingly numbered statement responding to each numbered paragraph in the statement of the moving party. (b) If, prior to the return of the application, the court directs that the parties place their stipulation on the record, the transcript shall be filed as part of the papers. Preclusion. Where an objection to a portion of a direct testimony affidavit is sustained, the court may direct that such portion be stricken. (1) A note of issue and certificate of readiness shall not be filed unless all disclosure proceedings have been completed and the statement of income and expenses has been served and filed. (a) A judge to whom cases are assigned under the individual assignment system may establish such calendars of cases as the judge shall deem necessary or desirable for proper case management. . Notwithstanding NYCRR 202.11, no prior consultation is required where either or both of the parties is self-represented. Section 202.67 Infants' and incapacitated persons' claims and proceedings. Rule 21. However, in order to permit the court the opportunity to resolve issues before motion practice ensues, and to control its calendar in the context of the discovery and trial schedule, pre-motion conferences in accordance herewith must be held. . (3) The statement referred to in paragraph (1) of this subdivision, with proof of service upon the other party, shall, with the note of issue, be filed with the court. The instructions to said Packets shall instruct litigants that they may include a request for transfer of title to the marital home, cooperative apartment or condominium Sec. The clerk shall enter in the register in full every final order according to date; the docket shall contain a brief note of each day's proceedings under the respective title. Disclosure Disputes. 202.9-a Special proceedings authorized by subsection (d) of section 9-518 . 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. (e) Upon trial, all parties shall be limited in their affirmative proof of value to matters set forth in their respective appraisal reports. (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. Thereafter such number shall appear on the outside cover and first page to the right of the caption of every paper tendered for filing in the action. (iii) Where multiple parties or more than one parcel is involved, each appraisal report need be served only upon the taxing authority and the party or parties contesting the value of the property which is the subject of the report. (c) The Response shall contain, at the conclusion of thereof, the affidavit of the responding party stating: (i) whether the production of documents in its possession, custody or control and that are responsive to the individual requests is complete; or (ii) that there are no documents in its possession, custody or control that are responsive to any individual requests. Judges and other court personnel involved in actions revived pursuant to CPLR 214-g, in the exercise of their discretion in any matter relating to such action, shall be mindful of the statutory directive that such actions be adjudicated in a timely fashion (Judiciary Law 219-d) and shall aspire to the following schedule in such actions: 4. When appropriate, proposed orders should be submitted with motions, e.g., motions to be relieved, pro hac vice admissions, open commissions, etc. OR (7) Scheduling and Procedures. (h) Entry of Orders and Judgments and Notice of Entry. Adjournment of a conference will not change any subsequent date in the preliminary conference order, unless otherwise directed by the court. Section 202.31 Identification of Trial Counsel. WebLizzie is skilled in using international arbitration to resolve complex, high-value disputes. (ii) election law proceedings; 202.55 Procedure for perfection of civil appeals to the County Court All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or clerk's office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity. (2) Each expert witness whom a party expects to call at the trial shall file with the court a written report, which shall be exchanged and filed with the court no later than 60 days before the date set for trial, and reply reports, if any, shall be exchanged and filed no later than 30 days before such date. Such sale shall be held within 15 days after the entry of the order authorizing the same, unless in the meantime an order of the court has been obtained granting an extension of the time for such sale; and he or she shall give notice of the sale at auction of any real estate at least 20 days before such sale. (5) The Chief Administrator may authorize the transfer of any action or proceeding and any matter relating to an action or proceeding from one judge to another in accordance with the needs of the court. . For purposes of this rule, a matrimonial action shall mean: an action to annul a marriage or declare the nullity of a void marriage, an action or agreement for a separation, an action for a divorce, or an action or proceeding for custody, visitation, writ of habeus corpus, child support, maintenance or paternity. Questioning, challenging and selecting jurors authorized by 202.7 Calendaring of motions ; uniform notice of Entry made in to. 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