(b) any deferred compensation plan of any type or nature in which the party has an interest including, but not limited to, Individual Retirement Accounts, pensions, profit- sharing plans, Keogh plans, 401(k) plans and other retirement plans. 202.23 Staggered Court Appearances. (b) Medical, Dental and Podiatric Malpractice Preliminary Conference. Upon completion of jury selection, or upon removal of a prospective juror, the questionnaires shall be either returned to the respective jurors or collected and discarded by court staff in a manner that ensures juror privacy. (3) A notice or a copy of an advertisement, requiring the creditors to present their claims, with the vouchers therefor duly verified to the referee, must be mailed to each creditor whose name appears on the books of the assignor or on the schedule, with the postage thereon prepaid, at least 10 days before the date specified in such notice or advertisement. filed Aug. 4, 1998 eff. apartment in their request for ancillary relief in the summons with notice or verified The first round shall begin initially with the seating of six prospective jurors (where undesignated alternates are used, additional prospective jurors equal to the number of alternate jurors shall be seated as well). Amended section title, (b); repealed (c)-(g). (a) Applicability. (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. Section 202.7 Calendaring of motions; uniform notice of motion form; affirmation of good faith. Further authorizations to examine and make copies of additional hospital records, other records, x-ray or other technicians' reports as provided in paragraph (b)(2) of this section must also be delivered with the medical reports. (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. Motions in Limine. Not later than four business days after receiving such a letter, any affected opposing party or non-party shall submit a responsive letter not exceeding three single-spaced pages. (c) For the purposes of subsection (a)(1) of this Rule, the deposition of an entity through one or more representatives shall be treated as a single deposition even though more than one person may be designated to testify on the entitys behalf. The determinations of the Administrative Judge with respect to any letter applications or requests under this subdivision shall be final and subject to no further administrative review or appeal. 202.7 Calendaring of motions; uniform notice of motion form; . When an action has been announced "ready" but a trial is not immediately available, counsel may arrange with the judge to be summoned by telephone, provided they agree to hold themselves available and to appear on one hour's notice, or at such other time as the court may order, at the time assigned for trial. (1) Uncontested matrimonial actions, proceedings for dissolution of marriages and applications of declaratory judgments shall be assigned to judges or special parts of court as the Chief Administrator shall authorize. Every notice or subpoena for the taking of a videotaped deposition shall state that it is to be videotaped and the name and address of the videotape operator and of the operator's employer, if any. Sec. (c) Method of Jury Selection. April 17, 1998. . (d) Application of CPLR. At any time, the court on its own motion may vacate a note of issue if it appears that a material fact in the certificate of readiness is incorrect, or that the certificate of readiness fails to comply with the requirements of this section in some material respect. The Chief Administrator shall submit a report no later than the first day of November of each year to the Governor, and to the legislative leaders set forth in section 10-a(2) of chapter 507 of the Laws of 2009, on the adequacy and effectiveness of the settlement conferences, which shall include number of adjournments, defaults, discontinuances, dismissals, conferences held and the number of defendants appearing with and without counsel. (b) Within 10 days after the order determining the application is signed, a copy shall be served on the director. (1) all resolutions shall be dictated into the record, and either the transcript shall be submitted to the court to be so ordered, or the court shall otherwise enter an order incorporating the resolutions reached; (2) the parties shall prepare a writing setting forth the resolutions reached and submit the writing to the court for approval and signature by the justice presiding; or. (i) Use at Trial. of triable issues and proceedings to judicial hearing . 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. 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. The filing stamp shall be proof of the fact of entry and the date and time thereof. All signed decisions, orders and judgments shall be converted into electronic form and transmitted to the NYSCEF site by the appropriate clerk. (b) In order for the court to be able to address any and all matters of concern to the court and in order for the court to avoid the appearance of holding ex parte communications with one or more parties in the case, even those parties who believe that they are not directly involved in the matter before the court must appear at the appointed date and time assigned by the court unless specifically excused by the court. (1) "Chief Administrator of the Courts" in this Part also includes a designee of the Chief Administrator. 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. (1) The assignor shall deliver all books, records and documents to the assignee immediately upon filing the assignment, but the assignee shall make them available to the assignor to prepare the schedules. (vi) any other matters which the court shall deem appropriate. Whenever a County Clerk issues a transcript of judgment, which shall be in the form prescribed by law, such clerk shall at the same time issue a stub. The parties are encouraged to confer, at the outset of discovery and as needed throughout the discovery period, about technology-assisted review mechanisms they intend to use in document review and production. (c) Judgments submitted to the court shall be accompanied by a complete form UCS 111 (Child Support Summary Form). Quizs usted quiera comunicarse con un abogado. The trial judge shall establish time limitations for the questioning of prospective jurors during the voir dire. (ii) other sworn statements or affidavits with respect to any fact which is not feasible to controvert in the opposing party's statement of net worth. Part 29 Rules of the Commercial Division of the Supreme Court. If the determination of these issues by the court does not dispose of the action, a jury shall be emPanelled to try the issues as to which a trial by jury is demanded. The transcript, corrected if necessary on motion or by stipulation of the parties approved by the court, shall have the force and effect of an order of the court. 202.13 Removal of actions without consent to courts of Ltd. jurisdiction Except where the court otherwise directs, in all actions in which recovery is sought for personal injuries, disability or death, physical examinations and the exchange of medical information shall be governed by the provisions hereinafter set forth: (a) At any time after joinder of issue and service of a bill of particulars, the party to be examined or any other party may serve on all other parties a notice fixing the time and place of examination. Section 202.52 Deposit of funds by receivers and assignees. (iii) The paper sought to be filed with the County Clerk is filed in the wrong court; Address: Attorney(s) for Defendant(s) (ii) election law proceedings; 202.35 Submission of papers for trial Each time the videotape is stopped and resumed, such times shall be orally announced on the tape. This section shall apply when related actions are pending in the courts of the Unified Court System in more than one judicial district and it may be appropriate for these actions to be coordinated pursuant to the criteria and procedures set forth in this section. For purposes of this section, clerk of the court shall mean the county clerk where the court is the Supreme Court or a County Court, and the chief clerk of the court where it is any other court. 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 (i) Where the court (or a referee ordered by the court) makes a written finding that the allegations of the petition are established, it shall deliver a judgment, which shall include such finding and shall direct the expungement or redaction of the financing statement found therein to be falsely filed or amended in the public office in which it was filed; and may grant any additional relief sought that is authorized under section 9-625 of the Uniform Commercial Code. Section 202.20-j Adherence to the Electronically Stored Information (ESI) Guidelines Set Forth in Appendix Hereto. Each party shall provide an appraisal report copy for the court. 202.58 Small claims tax assessment review proceedings; . (a) Nothing in this rule shall be construed to prevent or limit counsel from making any motion deemed appropriate to best represent a party's interests. Rule 9. . (g) A party may move to advance the date of a preliminary conference upon a showing of special circumstances. ___________, Plaintiff ___________________ Defendant _____________, ATTENTION: A lawsuit has been filed against you claiming that you owe money for an unpaid consumer debt. As such, it strongly needs a modern, well-staffed, properly equipped forum for the swift, fair and expert resolution of significant commercial disputes. In 1995, those words introduced the New York State Bar Associations report proposing the creation of the Commercial Division (N.Y. St. Bar Assn, A Commercial Court For New York [Jan. 1995]). Except as provided in subdivision (b) of this section, in an action not yet assigned to a judge, the court shall not accept for filing a notice of motion, order to show cause, application for ex parte order, notice of petition, note of issue, notice of medical, dental or podiatric malpractice action, statement of net worth pursuant to section 236 of the Domestic Relations Law or request for a preliminary conference pursuant to section 202.12(a) of this Part, unless such notice or application is accompanied by a request for judicial intervention. (i) lacks the computer hardware and/or connection to the Internet and/or scanner or other device by which documents may be converted to an electronic format; or An attorney may exercise a second, single peremptory challenge within the round only after all other attorneys have either exercised or waived their first peremptory challenges. If the defendant appears at the conference without counsel, the court shall treat the defendant as having made a motion to proceed as a poor person and shall determine whether permission to so appear shall be granted pursuant to the standards set forth in CPLR 1101. At the pre-trial conference date, each side shall then mark its exhibits into evidence as to those to which no objection has been made. (b) Prior to the preliminary conference, counsel shall confer with regard to electronic discovery topics, including those set forth in the ESI Guidelines. (c) Counterclaims and Cross-Claims. 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. (a) At any time after service of process, a party may file a request for judicial intervention. Section 202.61 Exchange of appraisal reports in eminent domain proceedings. (2) Since motions are decided on a daily basis and further submissions may be received on a pending motion, the only report that shall be considered current is the official quarterly report submitted by the particular justice. Small claims tax assessment review proceedings; . (d) Termination of Coordination. 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) Rules of practice for the Commercial Division. The court may further direct that any agreements reached in this regard shall be reduced to a written stipulation. John H. Rouse . CPLR 2101(b). 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) General. (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. (i) The Panel shall issue a written decision on each application. Within 60 days after the service of the statement of income and expenses, the respondent, for the purpose of substantiating petitioner's statement of income and expenses, may request in writing an audit of the petitioner's books and records for the tax years under review. (a) All applications to the Supreme Court, or to a judge thereof, pursuant to the Election Law, shall be made at the special part designated for such proceedings, and where there is no special part, before the judge to whom the proceeding is assigned. For good cause shown, and in the interests of justice, the court in an action or proceeding may waive compliance with any of the rules in this Part, other than sections 202.2 and 202.3, unless prohibited from doing so by statute or by a rule of the Chief Judge. Any scheduling and procedural issues shall be determined by the justice assigned to the case. (4) The report of the referee shall show all the jurisdictional facts necessary to confer power on the court, such as the proper execution and acknowledgment of the assignment, its recording, the filing of the schedule and bond, the publication and mailing of notice to creditors to present claims, the filing of the assignee's account, the issuance and service of notice of application for settlement of the account, and, where any items in the account of the assignee are disallowed, the same shall be fully set out in the report, together with the reason therefor. . Jurors removed for cause shall immediately be replaced during each round. Together with any other affidavits required under New York law, the following affidavits shall be required as part of a default judgment application arising from a consumer credit transaction where such application is made to the clerk under CPLR 3215(a). Sec. and (3) of this subdivision, every judgment of divorce, whether uncontested or (5) Adjournments shall not be granted by the hearing officer except upon good cause shown. (l) Public view of documents containing social security numbers. Rule 14. No action or proceeding to which this section is applicable shall be deemed ready for trial unless there is compliance with this section by the party filing the note of issue and certificate of readiness. After the submission of letters, the court will schedule a telephone or in-court conference with counsel. (iii) Emergency exception; other hard copy filings. Rule 32-a. 202.37 Scheduling Witnesses filed Jan. 9, 1986; amds. (2) Judicial hearing officers appointed to hear proceedings pursuant to this section shall receive compensation as provided in section 122.8 of the rules of the Chief Administrator, or such other compensation as the Chief Administrator may direct. In all other commercial parts, counsel shall submit the pre-trial memoranda and requests to charge in a Word document, 12-point type, and submit the copy of trial exhibits in an indexed binder or notebook. There are no outstanding requests for discovery. Upon receipt of an interlocutory document, the NYSCEF site shall automatically transmit electronic notification to all e-mail service addresses in such action. (d) Nothing contained herein is intended to conflict with a partys obligation to supplement its disclosure obligations pursuant to CPLR 3101(h). New York is the center of world commerce, the headquarters of international finance, the home of Americas leading businesses. . Virtual Part Rules for Compliance Conferences; Virtual Part Rules for Status Conferences; Part IA-4. Unless otherwise stipulated, the examination shall be held not less than 30 nor more than 60 days after service of the notice. complexity of the case and the amount of proof that is required for the cause of State full name and address of each defendant. (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. Section 202.8-g Motions for Summary Judgment; Statements of Material Facts. . (d) In actions where the cause of death is in issue, each party shall serve upon all other parties copies of the reports of all treating and examining medical providers whose testimony will be offered at the trial, complying with the requirements of paragraph (b)(1) of this section, and the party seeking to recover shall deliver to all other parties authorizations to examine and obtain copies of all hospital records, autopsy or post-mortem reports, and such other records as provided in paragraph (b)(2) of this section. Once a trial date is set, counsel shall immediately determine the availability of witnesses. No memoranda in response shall be submitted. 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. 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. (ii) a person identified as a debtor in a financing statement filed pursuant to Subpart one of Part five of Article nine of the Uniform Commercial Code; and. (d) Nothing in this section shall preclude the insuring body from consenting to a reduction of its lien. Parties shall meet and confer at the outset of the case, and from time to time thereafter, to discuss 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 requirement, and any other issues pertinent to privilege review, including the entry of an appropriate non-waiver order. 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. 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. Amended Dec. 29. (d) The costs and burdens of discovery of ESI shall be proportionate to its benefits, considering the nature of the dispute, the amount in controversy, and the importance of the materials requested to resolving the dispute. (1) Submissions pursuant to e-filing procedures shall have the same copyright, confidentiality and proprietary rights as paper documents. produce a document stating clearly and concisely the issues asserted in the The operator may be an employee of the attorney taking the deposition. (7) Upon any application for an award of counsel fees or fees and expenses of experts made prior to the conclusion of the trial of the action, the court shall set forth in specific detail, in writing or on the record, the factors it considered and the reasons for its decision. (a) Form of Motion Papers. 202.16 Matrimonial actions; calendar control of financial disclosure . (5) In subsequent rounds, the first exercise of peremptory challenges shall alternate from side to side. Copies must be legible. Opposing counsel who receives a copy of materials submitted in violation of this Rule shall not respond in kind. (1) prior to the conclusion of the conference, the parties shall prepare a writing setting forth the resolutions reached and submit the writing to the court for approval and signature by the presiding justice; or. . (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. 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. (9) any other facts material to the application. (3) Such notice shall be filed after the expiration of 60 days only by leave of the court on motion and for good cause shown. Appendix F provides both a clean form of order as well as a redline, which illustrates how it differs from the confidentiality order without Attorneys Eyes-Only protection and referenced in Rule 11-g(a) above. Except for good cause shown, no preliminary conference shall be adjourned more than once or for more than 30 days. 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. May 16, 1994. (iii) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the court will either deny such requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final judgment. (a) Parties shall strictly comply with discovery obligations by the dates set forth in all case scheduling orders. Scheduling of witnesses. Historical Note (h) Motions in actions to which this section is applicable made after the preliminary conference has been scheduled, may be denied unless there is shown good cause why such relief is warranted before the preliminary conference is held. (3) To the extent that a party insists upon a document-by-document privilege log as contemplated by CPLR 3122, and absent an order to the contrary, each uninterrupted e-mail chain shall constitute a single entry, and the description accompanying the entry shall include the following: (i) an indication that the e-mails represent an uninterrupted dialogue; (ii) the beginning and ending dates and times (as noted on the e-mails) of the dialogue; (iii) the number of e-mails within the dialogue; and (iv) the names of all authors and recipients together with sufficient identifying information about each person (e.g., name of employer, job title, role in the case) to allow for a considered assessment of privilege issues. (8) The testimony taken and all exhibits marked in evidence shall be filed with the report of the referee. 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. Unless otherwise ordered by the court, appeals may be submitted without oral argument. The case shall be assigned to a judge as soon as practicable after the filing of the request for judicial intervention pursuant to section 202.6 of this Part, but in no event later than the return date. (2) At the pretrial conference, the court shall fix a date for the commencement of trial, which shall be no later than eight weeks after the date of the conference. Section 202.36 Absence of attorney during trial. (d) Assignment to the Commercial Division. In any action in which an attorney or other person is exempt pursuant to this subdivision, all other attorneys, small claims assessment filing agents, unrepresented litigants, proposed intervenors, or others participating in e-filing and seeking relief from the court shall continue to be required to file and serve documents electronically, except that, whenever they serve documents upon a person who is exempt from having to file and serve documents electronically in accordance with this section, they shall serve such documents in hard copy, bearing full signatures, and shall file electronically proof of such service. With respect to other issues before the court, to the extent feasible, trial should proceed from day to day to conclusion. 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. Before the note of issue and certificate of readiness may be filed, the petitioner shall have served on the respondent, in triplicate, a statement that the property is not income- producing, or a copy of a verified or certified statement of the income and expenses on the property for each tax year under review. The above-entitled action is for (briefly state nature of action, e.g., personal injury, medical malpractice, divorce, etc.). (xi) Resource Center shall mean the NYSCEF Resource Center, the e-filing help center available at 646-386-3033 or efile@nycourts.gov and through the NYSCEF site. (iii) Complex--discovery to be completed within 15 months. (c) Application for Jury Trial. (D) The parties may agree to engage a private neutral. (a) Parties shall strictly comply with discovery obligations by the dates set forth in all case scheduling orders. Upon registration, an authorized e-filing user shall be issued a confidential User Identification Designation (User ID) and a password by the Unified Court System (UCS). In cases not pending in the court's Filing by Electronic Means System, the court may permit counsel to communicate with the court and each other by e-mail. (2) Registering as an authorized e-filing user. Preamble to Rule 11. Historical Note The Provisions of NYCRR 202.20-b(a)(1) limiting the number of depositions taken by plaintiffs, or by defendants, or by third-party defendants, shall not apply to matrimonial actions. 3. 202.62 Payment of eminent domain award to other than named award Where a pre-trial conference is scheduled, or otherwise prior to the commencement of opening statements, counsel shall be prepared to discuss all matters as to which there is disagreement between the parties and settlement of the matter, and the court may require the parties to prepare a written stipulation of undisputed facts. (f) The affidavits required by this section may not be combined. (ii) Filing agent; statement of authorization. (4) The County Clerk shall assign a small claims assessment review filing number to each petition and, in proceedings commenced by filing in hard copy, shall retain one copy and shall forward two copies within two days of filing to the clerk designated by the appropriate administrative judge to process assessment review petitions. Appropriate clerk stipulated, the headquarters of international finance, the home of Americas leading businesses uniform of. Matters which the court may further direct that any agreements reached in section! Appendix Hereto marked in evidence shall be reduced to a reduction of its lien fact... Material to the extent feasible, trial new york supreme court part rules proceed from day to conclusion case and the date of preliminary! Alternate from side to side g ) limitations for the court shall deem appropriate shown. 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