Added 202.16b on May 22 effective July 1, 2017, Amended 202.16-b on June 13, 2022, effective effective July 1, 2022. (d) An order to show cause or an application for ex parte relief need not contain the notice of motion set forth in this section, but shall contain the affirmation of good faith set forth in this section if such affirmation otherwise is required by this section. Sec. (2) Neither party shall transfer, encumber, assign, remove, withdraw or in any way dispose of any tax deferred funds, stocks or other assets held in any individual retirement accounts, 401K accounts, profit sharing plans, Keogh accounts, or any other pension or retirement account, and the parties shall further refrain from applying for or requesting the payment of retirement benefits or annuity payments of any kind, without the consent of the other party in writing, or upon further order of the court, except that any party who is already in pay status may continue to receive such payments thereunder. (c) Adjournment of Motions. WebThe U.S. FDA published a final rule creating additional recordkeeping requirements for foods listed on the Food Traceability List. 202.39 [Reserved] (d) If the notice or subpoena to an entity does identify a particular officer, director, member or employee of the entity, but elects to set forth the matters for examination as contemplated in section (b) of this Rule, then: (1) pursuant to CPLR 3106(d), the named entity shall produce the individual so designated unless it shall have, no later than ten days prior to the scheduled deposition, notified the requesting party that another individual would instead be produced and the identity, description or title of such individual is specified. (2) promptly file a supplemental statement if any required information changes. Motions to reinstate notes of issue vacated pursuant to this section shall be supported by a proper and sufficient certificate of readiness and by an affidavit by a person having first-hand knowledge showing that there is merit to the action, satisfactorily showing the reasons for the acts or omissions which led to the note of issue being vacated, stating meritorious reasons for its reinstatement and showing that the case is presently ready for trial. It is the responsibility of each filing user to monitor that address and promptly notify the Resource Center in the event of a change in his or her e-mail service address. The operator may be an employee of the attorney taking the deposition. (a) At any time after service of process, a party may file a request for judicial intervention. (h) Where a motion must be made within a certain time pursuant to the CPLR, the submission of a motion notice letter, as provided in subdivision (a), within the prescribed time shall be deemed the timely making of the motion. Courtesy Copies. Scheduling of witnesses. (4) other methods that may be submitted to the Chief Administrator for use on an experimental basis by the appropriate Administrative Judge and approved by the Chief Administrator. Parties which use this sample provision must meet any requirements of applicable law. ___________, Plaintiff ___________________ Defendant _____________, ATTENTION: A lawsuit has been filed against you claiming that you owe money for an unpaid consumer debt. after jury disagreement, mistrial or order for new trial Amended (1)(b), (1)(c), and added (1)(c)(6) & (1)(c)(7) on Dec. 4, 2012. (6) The statement of expenditures shall be full and complete and the vouchers for all payments shall be attached to the account. in counties outside the NYC . (b) The following shall apply to a special proceeding governed by this section: (1) Venue. Motions for Summary Judgment; Statements of Material Facts. (3) Additional Requirement with Respect to Uncontested and Contested Judgments of Divorce. 5. (ii) When the clerk shall have received all such reports, the clerk forthwith shall distribute simultaneously to each of the other parties a copy of the reports filed. If the court's Part Rules address discovery disputes, those Part Rules will govern discovery disputes in a pending case. The purpose of this sample choice of law provision is to offer contracting parties a streamlined, convenient tool in expressing their consent to having New York law apply to their contract, or any dispute under the contract. 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. In cases with multiple parties, questioning shall be undertaken by counsel in the order in which the parties' names appear in the caption. Amended (k)(3) & (k)(7) on Oct. 5, 2010 202.6 Request for judicial intervention Section 202.43 References of triable issues and proceedings to judicial hearing officers or referees. Section 202.19 Differentiated case management. The submission of direct testimony in affidavit form shall not affect any right to conduct cross-examination or re-direct examination of the witness. (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. Counsel are expected to be ready to proceed either to select a jury or to begin presentation of proof on the scheduled trial date. . (2) pursuant to CPLR 3106(d), a notice or subpoena that names a particular officer, director, member, or employee of the entity shall include in the notice or subpoena served upon such entity the identity, description or title of such individual; and (a) Proposed orders or judgments, with proof of service on all parties where the order is directed to be settled or submitted on notice, must be submitted for signature, unless otherwise directed by the court, within 60 days after the signing and filing of the decision directing that the order be settled or submitted. OR Historical Note Consultation prior to Preliminary and Compliance Conference. Sec. The court will rule upon the objections to the contested exhibits at the earliest possible time. Where the latter procedure is followed, the parties shall procure and share equally the cost of a transcript thereof unless the court in its discretion otherwise provides. (e) Presence of Judge at the Voir Dire. Christopher Modelewski Part17 Hon. When e-filing is hindered by a technical failure, a party may file with the appropriate clerk and serve in hard copy. Since its inception, the Commercial Division has implemented rules, procedures and forms especially designed to address the unique problems of commercial practice. (b) In all actions involving an accounting of a testamentary trustee or a trustee under a deed, notice must be given to the State Tax Commission before the accounts of such trustees may be approved. Ref. If the notice is served by the party to be examined, the examining parties shall, within five days of receipt thereof, submit to the party to be examined the name of the medical providers who will conduct the examination. (h) Unless an order to the contrary is made, or unless the judge presiding at the trial in the interests of justice and upon a showing of good cause shall hold otherwise, the party seeking to recover damages shall be precluded at the trial from offering in evidence any part of the hospital records and all other records, including autopsy or post-mortem records, x-ray reports or reports of other technicians, not made available pursuant to this rule, and no party shall be permitted to offer any evidence of injuries or conditions not set forth or put in issue in the respective medical reports previously exchanged, nor will the court hear the testimony of any treating or examining medical providers whose medical reports have not been served as provided by this rule. Costs of such motion, including reasonable attorneys' fees, shall be borne by the parties pro rata, except a party who did not request any relief. This section shall apply to such categories of cases designated by the Chief Administrator of the Courts as being subject to differentiated case management, and shall be implemented in such counties, courts or parts of courts as designated by the Chief Administrator. For purposes of CPLR 304. governing the method of commencing actions and special Proceedings. However, the 20-day time limitation to make such motion shall not apply to tax assessment review proceedings. The court, in its notice to the parties setting the date for the conference, shall direct the petitioner to serve upon the respondent by a date certain before the date of the conference, the completed statement of income and expenses required by this section, together with any ancillary papers or documents that may be necessary. The court should rule upon the objections to the contested exhibits at the earliest possible time. 202.3 Individual assignment system; structure (d) Motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the return date. 202.27-a Proof of Default Judgment in Consumer Credit Matters (d) Every order of reference which does not set forth a date certain for commencement of the trial or hearing shall contain the following provision: and it is further ORDERED that if trial of the issue or action hereby referred is not begun within 60 days from the date of this order, or before such later date as the referee or judicial hearing officer may fix upon good cause shown, this order shall be cancelled and revoked, shall be remitted by the referee or judicial hearing officer to the court from which it was issued, and the matter hereby referred shall immediately be returned to the court for trial. In addition to satisfying the requirements ofparagraphs (1) and (2) of this subdivision, every judgment of divorce,whether uncontested or contested, shall include language substantially in accordance with the following decretal paragraphs which shall supersede any inconsistent decretal paragraphs currently required for such forms: Fill in Box A or Box B, whichever, applies: (c) Authorized E-filing Users, Passwords and Registration. (l) The provisions of this section shall apply where a request is filed for a preliminary conference in an action involving a terminally ill party governed by CPLR 3407 only to the extent that the provisions of this section are not inconsistent with the provisions of CPLR 3407. 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. At the discretion of the judge, the limits established may consist of a general period for the completion of the questioning, a period after which attorneys shall report back to the judge on the progress of the voir dire, and/or specific time periods for the questioning of Panels of jurors or individual jurors. 202.20-d Depositions of Entities; Identification of Matters. Judges and other court personnel involved in actions revived pursuant to CPLR 214-g, in the exercise of their discretion in any matter relating to such action, shall be mindful of the statutory directive that such actions be adjudicated in a timely fashion (Judiciary Law 219-d) and shall aspire to the following schedule in such actions: 4. 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. The Chief Administrator of the Courts shall promulgate forms to implement this process. (b) This rule shall not apply to disclosure disputes covered by Rule 14 nor to dispositive motions pursuant to CPLR 3211, 3212 or 3213 made at the time of the filing of the Request for Judicial Intervention or after discovery is complete. The appraisal reports also may contain photographs of the property under review and of any comparable property that specifically is relied upon by the appraiser, unless the court otherwise directs. Rule 30. Copies of these reports and the required authorizations shall be served and delivered with the bill of particulars by the party seeking to recover. Upon service of the summons in every matrimonial action, it is hereby ordered that: (1) Neither part shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of, without the consent of the other party in writing, or by order of the court, any property (including, but not limited to, real estate, personal property, cash accounts, stocks, mutual funds, bank accounts, cars and boats) individually or jointly held by the parties, except in the usual course of business, for customary and usual household expenses or for reasonable attorney's fees in connection with this action. (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. (g) It is important that counsel be on time for all scheduled appearances. The Packet shall be available in the office of the Clerk of the Supreme Court in each county, and the forms shall be filed with the appropriate clerk in accordance with the instructions in the Packet. Hon. A party's failure to consent to participation in electronic filing and service shall not bar any other party to the action from filing documents electronically with the County Clerk and the court or serving documents upon any other party who has consented to participation. (vii) identification, redaction, labeling, and logging of privileged or confidential ESI; 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. (d) This Rule does not address the issue of when all parties do not consent. Trial Schedule. Court . Counsel should also be prepared to discuss any motions that have been submitted and are outstanding. Such deadlines, however, may be modified upon the consent of all parties, provided that all discovery shall be completed by the discovery cutoff date set forth in the preliminary conference order. (a) When Permitted. (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. a verbatim record of the trial; and A reserve calendar is for actions that have had a pretrial conference or where such conference was dispensed with by the court, but where the actions have not yet been transferred to a ready calendar. (f) The individual(s) designated must testify about information known or reasonably available to the entity. 202.19 Differentiated case management (2) No person who has served as a hearing officer shall be eligible to serve again until all other hearing officers on the Panel have had an opportunity to serve. (2) Counsel who appear before the court must be familiar with the case with regard to which they appear and be fully prepared and authorized to discuss and resolve the issues which are scheduled to be the subject of the appearance. Any counsel not present during the jury deliberation, further requests to charge, or report of the jury verdict shall be deemed to stipulate that the court may proceed in his or her absence and to waive any irregularity in proceedings taken in his or her absence. (b) Commencement of Small Claims Tax Assessment Review Proceeding. (d) Counsel may request the courts permission to participate in court conferences and oral arguments of motions from remote locations through use of videoconferencing or other technologies. If there are (a) This rule is applicable to all actions, except to class actions brought under Article 9 of the CPLR, in which the court by written consent of the parties is authorized to apply the accelerated adjudication procedures of the Commercial Division of the Supreme Court. (7) any other matters that the court may deem relevant. . (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) All papers submitted to the Commercial Division shall not be inconsistent with CPLR 2101and section 202.5(a). . (6) At the first conference held pursuant to CPLR Rule 3408, the court shall determine if the defendant has answered the complaint and shall provide defendants who have not answered information as mandated by CPLR Rule 3408(1). April 1, 1988. Rule 19. If the Panel determines to direct coordination, it shall issue an administrative order identifying the actions that shall be coordinated. Such submission shall include a copy for each attorney on trial and the originals in a similar binder or notebook for the witnesses. Copies must be legible. The certification shall also describe the steps taken to identify the documents so categorized, including but not limited to whether each document was reviewed or some form of sampling was employed, and if the latter, how the sampling was conducted. Nothing in this rule shall abridge a lawyers obligations under Rule 4.4(b) of the New York Rules of Professional Conduct concerning a lawyers receipt of documents that appear to have been inadvertently sent. (2) access a web site provided by the UCS for the transmission of the document(s) by the EDDS and, using that web site: (i) select a court to be the recipient of the document(s) and, where the Chief Administrator has authorized use of the EDDS for the filing of documents in an action or proceeding and the party is using the EDDS for such purpose, so indicate, (ii) enter certain basic information about the action or proceeding; (iii) upload the document(s) thereto in pdf or some other format authorized by the Chief Administrator of the Courts; and (iv) if a fee is required for the filing of the document(s), follow the on-line instructions for payment of that fee.
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