After assignment to the judge, the court shall provide for appropriate notice to the parties of the name of the assigned judge. (3) Provisional and Final Bond. Once entered, a judgment is good and can be used against you for twenty years, and your personal property and money, including a portion of your paycheck and/or bank account, may be taken from you. (2) Except as otherwise provided hereafter, three copies of the petition shall be filed with the County Clerk in the county in which the property is located within 30 days after the final completion and filing of the assessment roll containing the assessment at issue, except that in the City of New York, the petition shall be filed before the 25th day of October following the time when the determination sought to be reviewed was made. (3) The Chief Administrator may authorize the assignment of one or more special reserve trial judges. 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. If all parties sign the form and return it to the court before the return date of the motion, such form shall be "so ordered" by the court, and the motion shall be deemed withdrawn. The parties shall make all motions in limine no later than ten days prior to the scheduled pre-trial conference date, and the motions shall be returnable on the date of the pre-trial conference, unless otherwise directed by the court. Documents in a foreign language shall be translated as required by CPLR 2101(b). (4) Unless the court otherwise directs, the proof required by statute must be in writing, by affidavits, which shall include a sufficient factual statement to establish jurisdiction, as well as all elements of the cause of action warranting the relief sought. In advance of an immediate trial or evidentiary hearing, the parties may request, if necessary, that the court direct limited expedited discovery targeting the factual issue to be tried. Equally important, through the work of the Commercial Division Advisory Council a committee of commercial practitioners, corporate in-house counsel and jurists devoted to the Divisions excellence the Commercial Division has become a recognized leader in court system innovation, demonstrating an unparalleled creativity and flexibility in development of rules and practices. (a) Court documents may be transmitted to the courts of the unified court system by means of the electronic document delivery system (EDDS) only to the extent and in the manner provided in this section. (iii) Correction. In the discretion of the court, in a proper case, parties may be bound by the expert's report in their direct case. WebAll matters before Part 48 are governed by the Rules of the Commercial Division, 22 NYCRR 202.70, except as supplemented, modified, and/or superseded by the Part 48 Procedures For purposes of this section, such an action shall be deemed to have been commenced electronically. Submission of Information; Certification Relating to Alternative Dispute Resolution. (ii) With respect to property not in the custody of the court, possession having been acquired by the secured creditor, judgment creditor or lienor, the assignee may, upon notice to the adverse party, apply to the court where such assignment proceedings are pending to enjoin any prospective sale and to permit the assignee to conduct the sale, whether private or a public auction, upon such terms and conditions as in its discretion will not prejudice the interest of the secured party and yet preserve the interest of the assigned estate by affording the assignee an opportunity to liquidate the assets under the most favorable terms and conditions. These sample provisions should be construed in a manner that is consistent with governing case law and applicable sections and rules of the Commercial Division Rules, the Uniform Civil Rules, the CPLR, the Federal Rules of Civil Procedure, and any other applicable rules and regulations. (f) The affidavits required by this section may not be combined. The applicant must give notice, including copies of all supporting papers, to the opposing parties sufficient to permit them an opportunity to appear and contest the application. Whenever reliance is placed upon a decision or other authority not readily available to the court, a the court may direct counsel to submit a copy and counsel shall otherwise follow Rule 6 with respect to hyperlinking. (6) At the end of each round, those seated jurors who remain unchallenged shall be sworn and removed from the room. Rule 2. Rule 11-c. 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. 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. The sheets on which such schedule and inventory are written shall be securely fastened before the filing thereof and shall be endorsed with the full name of the assignor and assignee; and when filed by an attorney, the name and address of such attorney shall also be endorsed thereon. Pre-Trial Memoranda, Trial Exhibits and Requests for Jury Instructions. (c) Papers filed to commence an action or special proceeding. (a) Any complainant, respondent or other person aggrieved by any order of the State Commissioner of Human Rights or the State Division of Human Rights may obtain judicial review of such order by commencing a special proceeding, within 60 days after service of the order, in the Supreme Court in the county where the alleged discriminatory practice which is the subject of the order occurred or where any person required by the order to cease and desist from an unlawful discriminatory practice or to take other affirmative action resides or transacts business. . 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. (2) Counsel first shall ask questions generally to the prospective jurors as a group to determine whether any prospective juror has knowledge of the subject matter, the parties, their attorneys or the prospective witnesses. in counties outside the NYC . 202.20 Interrogatories. The court shall fix a schedule for discovery as to all unresolved issues and, in a noncomplex case, shall schedule a date for trial not later than six months from the date of the conference. The ESI Guidelines are advisory and should be applied to the extent appropriate under the circumstances. (c) Judgments submitted to the court shall be accompanied by a complete form UCS 111 (Child Support Summary Form). Sealing of Court Records in Civil Actions in the Trial Courts Part 217. (a) Notice of Medical, Dental or Podiatric Malpractice Action. 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. (2) No fee required. filed Jan. 9, 1986; repealed, new filed April 26, 1993 eff. Part 12c, Hon. In setting schedules for the conduct of litigation of actions revived pursuant to CPLR 214-g, and in a manner consistent with the goal of timely adjudication of such actions, judges and other court personnel should be mindful of (1) the impact upon the litigation of pending proceedings addressing insurance coverage issues relating to the parties; (2) the difficulties inherent in document, deposition, and other discovery in matters of this type and age; and (3) the benefits of appropriate use of ADR programs to facilitate early resolution of disputes. Amended (c) on June 13, 2022, effective effective July 1, 2022. Part 40 2020, effective February 1, 2021, Amended (a)(2) on June 13, 2022, effective effective July 1, 2022. Section 202.61 Exchange of appraisal reports in eminent domain proceedings. The court will notify the requesting party whether the adjournment has been granted. The cost of such expert witness shall be paid by a party or parties as the court shall direct. Counsel are expected to be ready to proceed either to select a jury or to begin presentation of proof on the scheduled trial date. Prior to the commencement of jury selection, completed questionnaires shall be made available to counsel. (c) Notice of Taking Deposition. Rule 33. 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. 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. Una vez emitido, ese fallo es vlido y puede ser utilizado contra usted por un perodo de veinte aos, y contra su propiedad personal y su dinero, incluyendo una porcin de su salario y/o su cuenta bancaria, los cuales pueden ser embargados. Sec. 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. (a) Each court appearance before a Commercial Division Justice for oral argument on a motion shall be assigned a time slot. The court may permit for good cause shown and in the absence of substantial prejudice, a party to call a witness to testify who was not identified on the witness list submitted by that party. (2) Original creditor means the financial institution that owned the consumer credit account at the time the account was charged off, even if that financial institution did not originate the account. (b) Special Procedure for Unassigned Cases. The In each such round, before the board is to be passed to the other side, the board must be passed to all remaining parties within the side, in caption order, starting from the first party in the rotation for that round. Rule 11-g. ii. (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. Proposed Form of Confidentiality Order. section. Unless otherwise stipulated by the parties or ordered by the court, interrogatories shall be no more than 25 in number including subparts; and depositions shall be no more than 7 hours long. . Notwithstanding the foregoing, in an action for custody, visitation, contempt, order of protection or exclusive occupancy, however, except as provided in NYCRR 202.18, a party or a partys own witness may not testify on direct examination by affidavit. If the parties are unable to agree upon an appropriate form of proposed order, they shall so advise the court so that the court can direct an alternative course of action. Hon. (2) Addition of parties after commencement of action. Ex parte applications in actions or proceedings in the Supreme Court, and applications for the settlement of actions or proceedings pending in the Supreme Court, where judicial approval is necessary, may be heard and determined by a judge of the County Court in the county where venue is laid, during periods when no Supreme Court term is in session in the county. (b) The proposed order of reference shall be presented in duplicate, and a signed original order shall be delivered to the referee. 202.22 Calendars (a) When Permitted. Immediate Trial or Pre-Trial Evidentiary Hearing. (b) Other Rules Applicable. (3) The papers in each proceeding shall be kept in a separate file, as required by section 18 of the Debtor and Creditor Law. (c) It is important that counsel be on time for all scheduled appearances. . (3) All prospective jurors shall complete a background questionnaire supplied by the court in a form approved by the Chief Administrator. Counsel may exercise challenges for cause at this time. (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. (3) No motion for counsel fees and expenses shall be heard unless the moving papers also include the affidavit of the movant's attorney stating the moneys, if any, received on account of such attorney's fee from the movant or any other person on behalf of the movant, the hourly amount charged by the attorney, the amounts paid, or to be paid, to counsel and any experts, and any additional costs, disbursements or expenses, and the moneys such attorney has been promised by, or the agreement made with, the movant or other persons on behalf of the movant, concerning or in payment of the fee. (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. 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. aims to provide practitioners with a mechanism for streamlining the discovery At its initiative or upon request, the UCS may at any time issue a new User ID or password to any authorized e-filing user. (7) Scheduling and Procedures. Hon. Where an answer is interposed which raises an issue of fact which in an action relating to the title to real property would be triable by a jury, either or any party to the registration proceeding who is entitled to have such issue determined may apply to the appropriate part or judge within 20 days after the issue has been joined to have the issues framed to be tried by a jury, as provided by CPLR 4102(b). ", Historical Note review proceed. Counsel may consent to the use of "nondesignated" alternate jurors, in which event no distinction shall be made during jury selection between jurors and alternates, but the number of peremptory challenges in such cases shall consist of the sum of the peremptory challenges that would have been available to challenge both jurors and designated alternates. The court presiding over a non-jury trial or hearing may direct that prior, or during, the trial or hearing, counsel for the parties consult in good faith to identify those aspects of their respective experts' anticipated testimony that are not in dispute. Preliminary Conference; Request. (b) If no party moves as specified above, the court, on its own motion, shall issue its determination. Feb. 9, 1987. The counsel certifying compliance may rely on the word count of the word-processing system used to prepare the document. (b) Papers submitted in digital format. Where all issues have been disposed of, any party, upon eight days' notice to all who have appeared in the proceeding, may apply for the final order and judgment of registration at the appropriate part or before the appropriate assigned judge. Where a patient in a facility defined in the Mental Hygiene Law is the subject of a proceeding for the appointment of a guardian, pursuant to the Mental Hygiene Law or Article 17-A of the Surrogate's Court Procedure Act, or for any substitute for or successor to such person: (a) A copy of the notice of application for the appointment shall be served on the director of the Mental Hygiene Legal Service in the department in which the facility is located. (a) The court may, upon the consent of the parties or upon a motion showing good cause, order oral depositions by remote electronic means, subject to the limitations of this Rule. Electronic Filing in Supreme Court; Consensual Program, Electronic Filing in Supreme Court; Mandatory Program. If, where permitted, payment is submitted after the initiating documents have been transmitted electronically, the County Clerk shall assign the number upon presentation of that payment. Hon. . A hearing thereon shall be scheduled for the purpose of considering that offer or any higher or better offers that may be submitted upon such notice and advertising as the court may deem appropriate. (ii) by mail not less than 10 days before the date of settlement. All such exhibits must contain exhibit tabs. Preamble to Rule 11. In the event that the opponent of a motion for summary judgment fails to provide any counter statement of undisputed facts though required to do so, the court may order compliance and adjourn the motion, may, after notice to the opponent and opportunity to cure, deem the assertions contained in the proponents statement to be admitted for purposes of the motion, or may take such other action as may be just and appropriate. (1) Composition. In cases not pending in the New York State Courts Electronic Filing System, the court may permit counsel to communicate with the court and each other by e-mail. In lieu of the transcribed deposition and, on leave of the appellate court, a party may request a viewing of portions of the visual deposition by the appellate court but, in such case, a transcript of pertinent portions of the deposition shall be filed as required by the court. (2) state with reasonable particularity the grounds for any objection to production. Where appropriate, the Coordinating Justice, while respecting the rights of parties under the Civil Practice Law and Rules, may require that discovery in the cases coordinated pursuant to this section proceed jointly or in coordination with discovery in the Federal or other states' actions. In the event the parties are unable to enter into an agreement or protocol, the court shall by order provide for the scope of the privilege review, the amount of information to be set out in the privilege log, the use of categories to reduce document-by-document logging, whether any categories of information may be excluded from the logging, whether any categories of information may be excluded from the logging requirement, and any other issues pertinent to privilege review, including the entry of an appropriate non-waiver order, and the allocation of costs and expenses as between the parties. Non-compliance with such an order may result in the imposition of an appropriate sanction against that party pursuant to CPLR 3126. . Responses and Objections to Document Requests. (3) Upon application of any party upon such notice as the court in which the proceeding is pending shall direct, the court may, upon good cause shown, relieve a party of a default in filing a report, extend the time for filing reports, or allow an amended or supplemental report to be filed upon such conditions as the court may direct. Amended (a)(1). Rule 30. (3) Emergency exception; other hard copy filings. Failure to appear shall result in the petition being dismissed or in the petition being determined upon inquest by the hearing officer based upon the available evidence submitted. Joint Pre-Trial Order. 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. Where a document that was filed in hard copy is thereafter e-filed, the filing date recorded in NYSCEF shall be the date of hard copy filing. The party causing the first paper to be filed shall communicate in writing the county clerk's index number forthwith to all other parties to the action. Section 202.18 Testimony of court-appointed expert witness in matrimonial action or proceeding. (b) Commencement of Actions Under this Section. 202.32 Engagement of counsel In the latter case, they must be specifically taken and entered in the minutes. There are no outstanding requests for discovery. Regardless of whether the papers are filed electronically or in hard copy or as working copies, counsel must submit as part of the motion papers 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). David A. Morris Part 12c. Jan. 2, 2003. At least ten days prior to trial or such other time as the court may set, the parties, after considering the expected testimony of and, if necessary, consulting with their witnesses, shall furnish the court with a realistic estimate of the length of the trial. The parties shall not discuss any reasons why a settlement was not reached. In the First and Second Judicial Departments, appointments shall be made as appropriate from a panel of mental health professionals pursuant to 22 NYCRR Parts 623 and 680. 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. 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. 2020, effective February 1, 2021. (i) Collateral Proceedings. Electronic Filing in Supreme Court; Mandatory Program. Proof of such service will be recorded on the NYSCEF site. of guardians w respect . Deputy Chief Administrative Judge for Courts Within New York City Part 20 111 Centre Street, New York, NY 10013 The following procedures shall govern all disclosure conferences conducted by non-judicial personnel. (d) In the event the parties wish to incorporate Attorneys Eyes-Only protection, the parties shall submit to the Court for signature the proposed stipulation and order that appears in Appendix F to these Rules of the Commercial Division. (f) For good cause shown, the court may alter the limits on the number of depositions or the duration of an examination. The court may appoint an attorney for the infant children, or may direct the parties to file with the court, within 30 days of the conference, a list of suitable attorneys for children for selection by the court. The hearing officer shall schedule hearings in the evening at the request of any party, unless special circumstances require otherwise. The failure of counsel to comply with this rule may result in a motion being held in abeyance until the court has an opportunity to conference the matter. For purposes of CPLR 304. governing the method of commencing actions and special Proceedings. (b) Applicability. The County Clerk shall forward one of the duplicate originals of the note of issue to the clerk of the trial court stamped "Fee Paid" or "Poor Person Order.". (2) Proposed counter-orders or judgments shall be made returnable on the same date and at the same place, and shall be served on all parties by personal service, not less than two days, or by mail, not less than seven days, before the date of settlement. 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. Notwithstanding any other provision of this section, and subject to such guidelines as may be established by the Chief Administrator, the County Clerk or his or her designee may require or permit a party to file in hard copy, in accordance with procedures set by the County Clerk or designee, an exhibit or other document which it is impractical or inconvenient to file electronically. The trial of such issues shall be had and the subsequent proceedings in relation thereto shall be such as are prescribed by the CPLR. (g) On the face of all notices of motion and orders to show cause, there shall be a statement that there has been compliance with this rule. (l) Public view of documents containing social security numbers. 202.2 Terms and parts of court After such issues are disposed of, either or any party to the registration proceeding may apply to the appropriate part or judge, upon eight days' notice to all who have appeared in the registration proceeding, for a final order and judgment of registration, and on such application the court shall try all other issues in the proceeding not disposed of by the jury, or may refer any such issues undisposed of to be tried by an official examiner of title as referee. , they must be specifically taken and entered in the evening at end... Proceedings in relation thereto shall be assigned a time slot on the scheduled trial date Memoranda trial... Entered in the evening at the request of any party, unless special circumstances require otherwise the of! 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