new york supreme court part rules
Parties which use these sample provisions must satisfy all jurisdictional, procedural, and other requirements of the courts specified in the provisions. (a) Parties and nonparties should consult the Commercial Divisions Guidelines for Discovery of Electronically Stored Information (ESI) (the ESI Guidelines), which can be found in Appendix A to these Rules of the Commercial Division. WebThe Judges' Part Rules online is updated daily to provide the most current information available. The Notice shall be mailed to all parties or their attorneys, which must include mailing to the address of the property subject to the mortgage. 202.33 Conduct of the voir dire Where appropriate, the court may permit representatives of either party to attend the conference telephonically or by video-conference. 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. The trial of such issues shall be had and the subsequent proceedings in relation thereto shall be such as are prescribed by the CPLR. For each category of documents that may be established, the producing party shall provide a certification, pursuant to 22 NYCRR 130-1.1a, setting forth with specificity those facts supporting the privileged or protected status of the information included within the category. (f) The parties are encouraged to use efficient means to identify ESI for production, which may include technology-assisted review in appropriate cases. WebThe U.S. FDA published a final rule creating additional recordkeeping requirements for foods listed on the Food Traceability List. The other party, if he or she has not already done so, shall file with the court a statement complying with paragraph (1) of this subdivision within 20 days of such service. (e) Nothing contained herein is intended to conflict with a party's obligation to supplement its disclosure obligations pursuant to CPLR 3101(h). (3) The assignee shall promptly require the assignor, if an individual, or its officers and persons in charge of its finances, if a corporation, to pay to the assignee all trust funds withheld for accounting to any governmental authorities, together with any preferential payments paid to them or to others by the assignor. (a) Within 20 days of the filing of the note of issue, if the notice of motion for a special preference is filed therewith, or within 10 days of the service of a notice of motion to obtain a preference, if served and filed subsequent to service and filing of the note of issue, any other party may serve upon all other parties, and file with the court affidavits and other relevant papers, with proof of service, in opposition to granting the preference. (c) The term "referee" in this section shall be used as defined in section 202.43(e) of this Part. 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. (g) Exchange and Filing of Appraisal Reports. (4) The likely importance or significance of the testimony of the witness to the claims and defenses at issue in the litigation. (3) A hearing officer shall disqualify himself or herself from hearing a matter where a conflict exists as defined by the Public Officers Law or, with respect to small claims tax assessment review hearing officers, by subdivision 2 of section 731 of the Real Property Tax Law. The court or the court's law clerks will attempt to address the matter through a telephone conference where possible. (c) Special Master. filed Jan. 9, 1986; amd. Proof of such mailing shall be required on the application for a final decree passing the accounts of the receiver unless proof is furnished that personal service of such notice or copy of advertisement has been made upon the creditors. These shall include a recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those x-ray and technicians' reports which will be offered at the trial, including a description of the injuries, a diagnosis and a prognosis. The counsel certifying compliance may rely on the word count of the word-processing system used to prepare the document. All documents separately maintained by the County Clerk as the official electronic record shall also be filed in the NYSCEF system. If the parties need to make a record, they will still have the opportunity to submit a formal motion. This subdivision shall apply only in counties where the Chief Administrator of the Courts has established arbitration programs pursuant to Part 28 of the Rules of the Chief Judge of the State of New York pertaining to the arbitration of certain actions (22 NYCRR Part 28). (6) Whether upon written proof or at the conclusion of a hearing, the judge or referee shall render a decision and sign the findings of fact, conclusions of law and the judgment, unless for reasons stated on the record decision is reserved. Materials submitted in violation hereof will not be read or considered. 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). (2) The assignee's attorney shall file a written notice of appearance as soon as possible, but not later than 10 days after being retained. An electronically filed document shall be considered to have been signed by, and shall be binding upon, the person identified as a signatory, if: (i) it bears the physical signature of such person and is scanned into an electronic format that reproduces such signature; or, (ii) the signatory has electronically affixed the digital image of his or her signature to the document; or, (iii) it is electronically filed under the User ID and password of that person; or. Every brief, memorandum, affirmation, and affidavit shall include, on a page attached to the end of the applicable document, a certification by the counsel who has filed the document describing the number of words in the document. (f) In the discretion of the court, failure by a party to comply with the order or transcript resulting from the preliminary conference, or with the so- ordered stipulation provided for in subdivision (b) of this section, or the making of unnecessary or frivolous motions by a party, shall result in the imposition upon such party of costs or such other sanctions as are authorized by law. (e) Receivers shall file with the court an accounting at least once each year. Frank A. Tinari Unless otherwise stipulated, the examination shall be held not less than 30 nor more than 60 days after service of the notice. Amended section title, (b); repealed (c)-(g). In cases with multiple parties, questioning shall be undertaken by counsel in the order in which the parties' names appear in the caption. 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. . 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. Non-compliance with such an order may result in the imposition of an appropriate sanction against that party pursuant to CPLR 3126. Consultation prior to Preliminary and Compliance Conference. Papers and correspondence filed by fax shall comply with the requirements of section 202.5 except that papers shall not be submitted to the court by fax without advance approval of the justice assigned. 202.31 Identification of trial counsel With respect to trials scheduled more than 60 days in advance, section 125.1(g) of the Rules of the Chief Administrator shall apply and the actual engagement of trial counsel in another matter will not be recognized as an acceptable basis for an adjournment of the trial. Documents may be filed or served electronically only by a person who has registered as an authorized e-filing user or as otherwise provided in this subdivision. (iii) identification of potentially relevant sources of ESI and whether the ESI is reasonably accessible; Part Clerks Email: SFC-Part58-Clerk@nycourts.gov Counsel are hereby referred to the Uniform Rules for the Supreme Court and the County Court (22 NYCRR Unless the court directs otherwise, any document that requires a judge's signature shall be transmitted electronically and in hard copy to the court. filed: June 23, 1989; Jan. 30, 1990; May 4, 1992; Nov. 12, 1992 eff. . Absent advance permission of the court, reply papers shall not be submitted on orders to show cause. Such order shall set the time and date for the conference and shall specify the papers that shall be exchanged between the parties. Special masters shall serve without compensation. (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. With respect to an incapacitated person, the judge presiding may provide for the posting of a bond as required by the Mental Hygiene Law. (a) All motions shall be returnable before the assigned judge, and all papers shall be filed with the court on or before the return date. plaintiff to revisit the documents to again state, clearly and concisely, the issues Where the address of either party and any child or children is unknown and not a matter of public record, or is subject to an existing confidentiality order pursuant to DRL 254 or FCA 154-b, such applications may be brought in the County where the Judgment was entered; and it is further. A petition in such a special proceeding shall substantially conform to the model petition set forth in Appendix A of this section and shall allege that: (i) the financing statement referred to in paragraph (3)(i) of this subdivision was falsely filed or amended to retaliate for the performance of the petitioners official duties in his or her capacity as a public employee (or, if the petitioner is an attorney referred to in paragraph (3)(i)(B) of this subdivision, to retaliate for the performance of the petitioners duties in his or her capacity as an attorney for the respondent in a criminal court); and, (ii) such financing statement does not relate to an interest in a consumer-goods transaction, a commercial transaction, or any other actual transaction between the petitioner and the respondent; and, (iii) the collateral covered in the financing statement is the property of the petitioner; and. The trial judge shall determine whether supervision of the voir dire should continue after the voir dire has commenced and, in his or her discretion, preside over part of or all of the remainder of the voir dire. OVERVIEW . (e) Omission or Redaction of Confidential Personal Information. An application by a receiver for final settlement of his or her account, or by an assignee for leave to sell assets, shall include a County Clerk's certificate stating the date that the bond of the applicant was filed, that it is still on file and that no order has been entered cancelling the bond or discharging the surety thereon. After the time provided in the notice of hearing shall have expired, or within such further time as may have been allowed by the court, if there have been no appearances or answers to the petition, the petitioner may apply to the appropriate part or judge for a final order and judgment of registration, as provided for in the law. Rule 30. (j) Nothing in this section is intended to impair a plaintiffs ability to make a default judgment application to the court as authorized under CPLR 3215(b). When the tape is filed with the clerk of the court, the clerk shall give an appropriate receipt for the tape and shall provide secure and adequate facilities for the storage of videotape recordings. In such cases, the matter shall be marked settled subject to written consent of the insuring body, or the entry of an order pursuant to subdivision 5 of section 29 of the Workers' Compensation Law. This shall not be a bar, however, to proceeding under subdivision (g) of this section in a proper case. (d) For the purposes of this Rule, each deposition of an officer, director, principal or employee of an entity who is also a fact witness, as opposed to an entity representative pursuant to CPLR 3106(d), shall constitute a separate deposition. Forms shall be available at no cost at each County Clerk's office within the City of New York. 1, 2010, effective nunc pro tunc as of Sep. 1, 2009, _________________Court,________________________County, Name of assigned judge_______________________________________, Name of Assigned Judge _____________________. 202.9 Special proceedings . The submission of direct testimony in affidavit form shall not affect any right to conduct cross-examination or re-direct examination of the witness. Added 202.70 on Jan. 17, 2006, Amended Rule 13 of section 202.70(g) on Sept 23, 2013 Unless otherwise permitted by the court: (i) briefs or memoranda of law shall be limited to 7,000 words each; (ii) reply memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief; (iii) affidavits and affirmations shall be limited to 7,000 words each. Section 202.7 Calendaring of motions; uniform notice of motion form; affirmation of good faith. In addition, every paper filed in court, other than an exhibit or printed form, shall contain writing on one side only, except that papers that are fastened on the side may contain writing on both sides, and shall contain print no smaller than 12-point, or 8 x 11 inch paper, bearing margins no smaller than one inch. All motions under this rule may be made on affidavits of attorneys, shall be made on notice, and shall be granted or denied on such terms as to costs, calendar position and dates of compliance with any provision of this rule as the court in its discretion shall direct. (ii) election law proceedings; filed Oct. 13, 1999; amds. an appropriate deed or other conveyance of title, and all other forms necessary to record such deed or other title documents (including the satisfaction or refinance of any mortgage if necessary) to convey ownership of the marital residence located at _____________________________, no later than _____________________; OR Not applicable; and it is further. The Administrative Judge may designate a justice from another local jurisdiction as a Coordinating Justice with the approval of the Administrative Judge thereof. (i) E-mail address for service. (7) Scheduling and Procedures. (2) Upon the filing of the RJI, the court shall send either a copy of the RJI, or the defendant's name, address and telephone number (if available), to a housing counseling agency or agencies funded by the New York State Office of the Attorney Generals Homeowner Protection Program for the judicial district in which the defendant resides, for the purpose of that agency making the homeowner aware of free foreclosure prevention services and options available to the parties. Amended Dec. 29. (2) Unless otherwise directed by the court, each electronically-submitted memorandum of law, affidavit and affirmation, exceeding 4500 words, which was prepared with the use of a computer software program, shall include bookmarks providing a listing of the document's contents and facilitating easy navigation by the reader within the document. . Office and P.O. (3) Except as set forth in paragraph four of this subsection, the affidavits set forth in subsection (d) shall not be required in debt buyer actions involving debt purchased from an original creditor before October 1, 2014. 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. filed: March 25, 1987; March 30, 1988; Feb. 13, 1989; April 30, 1999; July 26, 1999 eff. (g) Justification of Sureties. (a) General. (a) Petitions for Registration. ORDERED AND ADJUDGED, that the Supreme Court shall retain jurisdiction to hear any applications to enforce the provisions of said Settlement Agreement, if any, or to enforce or modify the provisions of this judgment, provided the court retains jurisdiction of the matter concurrently with the Family Court for the purpose of specifically enforcing, such of the provisions of that (separation agreement)(stipulation agreement, if any), as are capable of specific enforcement, to the extent permitted by law, and of modifying such judgment with respect to maintenance, support, custody or visitation to the extent permitted by law , or both; and it is further, ORDERED AND ADJUDGED, that any applications brought in Supreme Court to enforce the provisions of said Settlement Agreement, if any, or to enforce or modify the provisions of this Judgment shall be brought in a County wherein one of the parties reside; provided that if there are minor children of the marriage, such applications shall be brought in a County wherein one of the parties or the child or children reside, except, in the discretion of the judge, for good cause. (d) Termination of Coordination. (1) In assignments for the benefit of creditors, the clerk shall keep a register and docket. In the case of a proceeding to review a small claims assessment where the petition has been e-filed by the submission of a text file as provided in subdivision (b)(1) of this section, a hard copy of the petition, fully completed and signed as set forth in that subdivision, shall be mailed, and shall be served upon the assessing unit or tax commission, as provided in Section 730 of the Real Property Tax Law, unless otherwise stipulated. Rule 18. 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. James Hudson 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. (1-b) Both parties personally must be present in court at the time of the conference, and the judge personally shall address the parties at some time during the conference. (a) All papers submitted to the Commercial Division shall not be inconsistent with CPLR 2101and section 202.5(a). 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. (f) For good cause shown, the court may alter the limits on the number of depositions or the duration of an examination. If the bill of particulars, papers served pursuant to CPLR 3045, and information required by CPLR 3101(d)(1)(i) are not available, but later become available, they shall be filed with the court simultaneously when served on other parties. Any party who fails to serve an appraisal report as required by this section shall be precluded from offering any expert testimony on value; provided, however, upon the application of any party on such notice as the court shall direct, the court may, upon good cause shown, relieve a party of a default in the service of a report, extend the time for exchanging reports, or allow an amended or supplemental report to be served upon such conditions as the court may direct. 202.20-g Rulings at Disclosure Conferences. Court . All information required by CPLR 3101(d)(1)(i) is attached, a request for such information has not been made. Amended (b)(2)(ii)-(iv), (d)(1)-(7), (f)(2)(i)-(ii), (g), (h)(1)-(h)(2), (k)(2), (l) on Dec. 15, 2017. . These shall comply with the requirements of paragraph (b)(1) of this section. . Rule 5. WebLizzie is skilled in using international arbitration to resolve complex, high-value disputes. However, the 20-day time limitation to make such motion shall not apply to tax assessment review proceedings. (b) Waiver.
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