(4) The parties shall engage in settlement discussions in good faith to reach a mutually agreeable resolution, including a loan modification if possible, consistent with CPLR Rule 3408(f) The court shall ensure that each party fulfills its obligation to negotiate in good faith and shall see that conferences not be unduly delayed or subject to willful dilatory tactics so that the rights of both parties may be adjudicated in a timely manner. after jury disagreement, mistrial or order for new trial v. any of the documents or testimony in a matrimonial action protected by Domestic Relations Law section 235 or evidence sealed by the court in such an action which are attached as exhibits or referenced in the papers filed in any other civil action. See Rule 12. (c) On the return of the application, the court may hear the matter forthwith or schedule the matter for later hearing if affidavits in opposition to the compromise show that the amount is grossly inadequate in view of the injuries involved, the potential monetary recovery against the third party and the possible exposure of the insuring body to future claims by the plaintiff- petitioner arising out of the same accident. Where an application for an order to take a videotaped deposition is made, the application and order shall contain the same information. A. (d) Consultation Regarding Expert Testimony. WebTaschenbuch (Buch mit Softcover und geklebtem Rcken) "Compendium of Costs, Fees and Taxes in the State of New York: as Provided by the Revised Statutes (Banks & Bros. 9th Ed.) (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. Absent advance permission, reply papers shall not be submitted on orders to show cause. (5) Parties and non-parties should adhere to the Electronically Store Information (ESI) Guidelines set forth in an Appendix to the Uniform Civil Rules. Local court rules, not inconsistent with law or with these rules, shall comply with Part 9 of the Rules of the Chief Judge (22 NYCRR Part 9). WebNEW YORK COUNTY LAWYERS ASSOCIATION COMMITTEE ON THE SUPREME COURTS COMMENTS ON AMENDMENTS TO THE COMMERCIAL DIVISION RULES . (3) 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. The timeframes must be complied with unless otherwise shortened or extended by the court depending upon the circumstances of the case. (3) prior to the conclusion of the conference, the parties shall prepare an outline of the material terms of any resolution and shall thereafter agree upon and jointly submit to the court within one (1) business day of the conference a stipulated proposed order, memorializing the resolution of their discovery dispute. Deputy Chief Administrative Judge for Courts Within New York City Part 20 111 Centre Street, New York, NY 10013 202.72 Actions Revived Pursuant to CPLR 214-g. Nothing in the Rule shall preclude or replace any settlement practices used by the court, by any individual justice, or as agreed to by the parties and the assigned justice shall retain ultimate authority with respect to each aspect of the MSC. 202.71 Section 202.71 Recognition of Tribal Court Judgments, Decrees and Orders Conclusion of discovery and note of issue: scheduled to be held within 60 days of note of issue, except with leave of court on good cause shown; or if dispositive motions have been filed, within 60 days of the decision of those motions. 202.5-bb. Attorney1 (or attorney in charge of case if law firm) for moving party. This section shall be applicable to all matrimonial actions and proceedings in the Supreme Court authorized by section 236(2) of the Domestic Relations Law. (8) Non-exclusive. Part 10, Compliance Conference Order with Certification, Default Judgment and Judgment of Foreclosure and Sale, Order Confirming Referee Report & Judgment of Foreclosure & Sale. Tax certiorar Accelerated Adjudication Actions. Motions shall be brought on by order to show cause only when there is genuine urgency (e.g., applications for provisional relief), a stay is required or a statute mandates so proceeding. 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. 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. . (f) Whenever the patient, or a person on behalf of the patient, or the director requests a court hearing, at least five days notice, if notice is given personally or by delivery at the home of the person receiving notice, or eight days notice, if notice is given by mail, excluding Sundays and holidays, of the date and place of the hearing, shall be given to the patient and any person requesting the hearing. (3) Failure to comply with any order or directive of the court authorized by this subdivision shall be subject to appropriate sanctions. The neutral shall determine whether a submission should be provided to the neutral and the service thereof. (1) The decision and order of the hearing officer shall be rendered expeditiously and, in a small claims tax assessment review proceeding, the notice required by section 733(4) of the Real Property Tax Law shall be attached to the petition form. An adjournment of a conference will not change any date in any court order, including but not limited to the preliminary conference order, unless otherwise directed by the court. Further, notwithstanding the time periods set forth in subdivisions (d) and (e) of this section, for good cause shown for the delay a party may seek the transfer of a case to the Commercial Division by letter application (with a copy to all parties) to the Administrative Judge. All papers for any judge that are filed in the clerk's office shall be promptly delivered to the judge by the clerk. (a) Judges are encouraged to order a bifurcated trial of the issues of liability and damages in any action for personal injury where it appears that bifurcation may assist in a clarification or simplification of issues and a fair and more expeditious resolution of the action. (b) Consistent with the requirements of Rule 11-c, counsel for all parties who appear at the preliminary conference shall be sufficiently versed in matters relating to their clients technological systems to discuss competently all issues relating to electronic discovery. (D) The parties may agree to engage a private neutral. The Panel may exclude particular actions from an otherwise applicable order of coordination when necessary to protect the rights of parties. If it is determined that the MSC is to be held before a neutral other than the assigned justice, scheduling and procedural issues with respect to the MSC shall be determined by the neutral. Such submission shall include a copy for each attorney on trial and the originals in a similar binder or notebook for the witnesses. (e) Sales of Real Estate. (a) Counsel who appear in the Commercial Division must be fully familiar with the case in regard to which they appear and fully authorized to enter into agreements, both substantive and procedural, on behalf of their clients. Nothing in this section shall prevent a judge from exempting an attorney from having to file and serve documents electronically in accordance with this section upon a showing of good cause therefor. Except for an unrepresented litigant, a party served with such a notice shall promptly record his or her consent electronically in the manner provided at the NYSCEF site or file with the court and serve on all parties of record a declination of consent.An unrepresented litigant is exempt from having to file and serve documents electronically in accordance with this section and need not respond to the notice described herein; except that he or she may file a consent to participate in e-filing provided the clerk shall first have explained his or her options for e-filing in plain language, including the option for expedited processing, and inquired whether he or she wishes to participate. Rule 29. Where a particular part has been designated for this purpose as a title part under the provisions of section 371 of such law, all petitions to register titles to land under the law must be returnable at the said title part. 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. (2) Every petition, order, decree or other paper shall have endorsed on the outside the nature of such paper, the date of filing, and the name, number and page of the book in which the proceedings are entered by the clerk. (a) Form of Judgments. (f) The court may, upon oral or letter application on notice to all parties permit the submission of affidavits, affirmations, briefs or memoranda which exceed the limitations set forth above. Sec. Added 202.16b on May 22 effective July 1, 2017, Amended 202.16-b on June 13, 2022, effective effective July 1, 2022. 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. . Except where the Chief Administrator authorizes use of electronic signatures, decisions, orders and judgments signed by a judge shall be signed in hard copy. Trials shall commence each court day promptly at such times as the court directs. (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. (a) Petitions for Registration. 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. (d) All appraisals of fixtures submitted on behalf of the claimants and the condemnor for which claim is made shall be filed and distributed as provided by these rules with respect to appraisal reports and shall set forth the appraisal value of each item in the same numerical order as in the inventory annexed to the claim. The court may view such portions of the videotape recording as it deems pertinent to the objections made, or may listen to an audiotape recording. Donate enough money, and you can get direct access to the nine justices. 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. Jan. 1, 1993. filed Feb. 16, 1988 eff. WebNEW YORK COUNTY LAWYERS ASSOCIATION COMMITTEE ON THE SUPREME COURTS COMMENTS ON AMENDMENTS TO THE COMMERCIAL DIVISION RULES . Virtual Evidentiary Hearing or Non-jury Trial. (c) When may the EDDS be used. State name, addresses and telephone numbers of counsel for all parties. In the discretion of the court, written reports may be used to substitute for direct testimony at the trial, but the reports shall be submitted by the expert under oath, and the expert shall be present and available for cross- examination. However, the 20-day time limitation to make such motion shall not apply to tax assessment review proceedings. The trial judge shall establish time limitations for the questioning of prospective jurors during the voir dire. Such service shall be accompanied by a notice, in a form approved by the Chief Administrator, advising the recipient that the action is subject to electronic filing pursuant to this section. (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. filed Jan. 9, 1986; amd. The RJI shall contain the name, address, telephone number and e-mail address, if available, of the defendant in the action, and the name of the mortgage servicer, and shall request that a settlement conference be scheduled. There are no outstanding requests for discovery. 202.20-a Privilege Logs. Condemnation, Condemnation (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. (6) removal to a lower court pursuant to CPLR 325, where appropriate; and. Added 202.70 on Jan. 17, 2006, Amended Rule 13 of section 202.70(g) on Sept 23, 2013 (b) By a date agreed to by the parties or at such time set by the Court, the responding party shall serve the Responses contemplated by Rule 11-e(a)(ii), which shall set forth specifically: (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 objections forms the basis for the responding party's 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. (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. filed Oct. 13, 1999; amds. (e) The requesting party shall promptly defray the reasonable expenses associated with a non-partys production of ESI, in accordance with CPLR 3111 and 3122(d). An attorney admitted to practice in the State of New York, or a person seeking to serve as an authorized e-filing agent on behalf of attorneys of record in an e-filed action or actions (hereinafter "filing agent") may register as an authorized e-filing user of the NYSCEF site. Counsel may bring a client representative or outside expert to assist in such discussions. Improving the process of litigation by instituting staggered court appearances, for example, requires not only the promulgation of rules such as this one, but also, and more importantly, the proactive and earnest adherence to such rules by parties and their counsel and the court. It can also be mandatory for all citizens in the case of national plans. (3) At the close of the conference, the court shall direct the parties to stipulate, in writing or on the record, as to all resolved issues, which the court then shall "so order," and as to all issues with respect to fault, custody and finance that remain unresolved. 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 (1-a) Where both parties are represented by counsel, counsel shall consult with each other prior to the preliminary conference to discuss the matters set forth in paragraph (2) below and in NYCRR 202.11 in a good faith effort to reach agreement on such matters. For purposes of this rule, confidential personal information (CPI) means: i. the taxpayer identification number of an individual or an entity, including a social security number, an employer identification number, and an individual taxpayer identification number, except the last four digits thereof; ii. However, counsel may not read from any of the pleadings in the action or inform potential jurors of the amount of money at issue. 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. after jury disagreement, mistrial or order for new trial, Submission of orders, judgments and decrees for signature, Proposed judgments in matrimonial actions; forms, Proof required in dissolution proceedings, Deposit of funds by receivers and assignees. Section 202.26 Settlement and Pretrial Conferences. Sept. 3, 1993. (b) The following shall apply to a special proceeding governed by this section: (1) Venue. The following procedures shall govern all disclosure conferences conducted by non-judicial personnel. (h) Custody of Tape. a financial account number, including a credit and/or debit card number, a bank account number, an investment account number, and/or an insurance account number, except the last four digits or letters thereof..; and. When e-filing is hindered by a technical failure, a party may file with the appropriate clerk and serve in hard copy. . (2) Service of interlocutory documents in an e-filed action. Small claims tax assessment review proceedings; . (3) In such county or counties as the Chief Administrator shall direct, in the event that a plaintiff fails to file proof of service of the summons and complaint in a residential mortgage foreclosure action with the county clerk within one hundred twenty days after the commencement of the action, or fails to file the RJI at the time of the filing of proof of service, the county clerk shall provide the Chief Administrator with the case name, index number, property address, and contact information of parties and counsel in the action. Unless otherwise directed by the Court or provided in the Courts individual rules, all text in briefs and affidavits, including footnotes, shall use proportionally spaced 12-point serif typeface. The stub shall also contain such other information as shall be required to identify it with the transcript with which it was issued, so that it may be readily identified upon its return to the issuing County Clerk, with the name of, and the date of receipt by, the receiving clerk endorsed thereon. 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 Section 202.48 Submission of orders, judgments and decrees for signature. (g) A party may move to advance the date of a preliminary conference upon a showing of special circumstances. 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 court or the court's law clerks will attempt to address the matter through a telephone conference where possible. Disclosure Disputes. 202.25 Objections to applications for special preference A party may arrange to have a stenographic transcription made of the deposition at his or her own expense. Motions for Summary Judgment; Statements of Material Facts. (g) Deposition testimony given pursuant to this Rule shall be usable against the entity on whose behalf the testimony is given to the same extent provided in CPLR 3117(2) and the applicable rules of evidence. 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. 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. Where a cross-motion is made, reply affidavits, affirmations, briefs or memoranda of the party who made the principal motion shall be limited to 4,200 words when prepared by use of a computer or to 10 pages when typewritten or handwritten. (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. In any civil action or proceeding, should counsel wish to proceed with a settlement conference before a justice or judge other than the justice or judge assigned to the case, counsel may jointly request that the assigned justice or judge grant such a separate settlement conference. Notwithstanding paragraph (1) of this subdivision, where documents are required to be filed and served electronically in accordance with such paragraph (1), such documents may nonetheless be filed and served in hard copy where permitted by paragraph (1) of subdivision (d) of section 202.5-b of these rules. . Any Batson or other objections shall be resolved by the court before any of the struck jurors are dismissed. In the event the defendant appears in such an action and denies responsibility for the identified account, the plaintiff may without leave of court amend his or her pleading to add full account or CPI by (i) submitting such amended paper to the court on written notice to defendant for in camera review or (ii) filing such full account or other CPI under seal in accordance with rules promulgated by the chief administrator of the courts. filed Aug. 4, 1998 eff. There shall be a recapitulation at the end of such schedule and inventory, as follows: Debts and liabilities amount to . $, Fair value of assets $, Assets realized on liquidation $. (a) Applications. Uncontested matrimonial 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. filed April 3, 1989 eff. 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. The Chief Administrator of the Courts may authorize the creation of a program for the appointment of attorneys as special masters in designated courts to preside over conferences and hear and report on applications to the court. The action or proceeding then may be assigned to another judge for trial in a manner prescribed by the Chief Administrator. (5) In subsequent rounds, the first exercise of peremptory challenges shall alternate from side to side. 7, 2022, effective April 11, 2022, Amended Rule 4 on April 1 2022,effective April 18, 2022, Amended Rule 19-a (b) on Apr. Where an action is subject to e-filing and a party (other than an unrepresented litigant who is not participating in e-filing) or attorney seeks to file a document therein in hard copy, such document shall include, on a separate page firmly affixed thereto, a notice of hard copy submission, in a form approved by the Chief Administrator, that states the reason why the document is being filed in hard copy form. 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