new york supreme court part rules

Amended (f)(3) on Oct. 5, 2010, Added (m) on Dec. 23, 2015effective March 1, 2016, Amended 202.16 on June 13, 2022, effective effective July 1, 2022, Section 202.16-a Matrimonial Actions; Automatic Orders. The assigned judge, in his or her discretion or at the request of a party, thereafter may determine that any motion be orally argued and may fix a time for oral argument. Electronic Filing in Supreme Court; Consensual Program, Electronic Filing in Supreme Court; Mandatory Program. (g) Justification of Sureties. (ii) In a small claims sidewalk assessment review proceeding, if the hearing officer grants the petition in full or in part, the hearing officer shall award the petitioner costs against the respondent in the amount of $25. (d) At the conclusion of the conference, the court shall make a written order including its directions to the parties as well as stipulations of counsel. (f) In the discretion of the court, failure by a party to comply with the order or transcript resulting from the preliminary conference, or with the so- ordered stipulation provided for in subdivision (b) of this section, or the making of unnecessary or frivolous motions by a party, shall result in the imposition upon such party of costs or such other sanctions as are authorized by law. Upon the filing of the schedule and inventory, the amount of the bond shall be determined finally. Added (f) & (g) on Dec. 29. (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. If an order be made approving the application, the order shall provide that all such charges for doctors and hospitals shall be paid from the proceeds, if any, received by the parent, guardian, or other person, in settlement of any action or claim for the loss of the infant's, or incapacitated person's services; provided, however, that if there be any bona fide dispute as to such charges, the judge presiding, in the order, may make such provision with respect to them as justice requires. (g) Exchange and Filing of Appraisal Reports. (f) Where the motion relates to disclosure or to a bill of particulars, and a preliminary conference has not been held, the court shall notify all parties of a scheduled date to appear for a preliminary conference, which shall be not more than 45 days from the return date of the motion unless the court orders otherwise, and a form of a stipulation and order, prescribed by the Chief Administrator of the Courts, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure within 12 months, and for a resolution of any other issues raised by the motion. Any Batson or other objections shall be resolved by the court before any of the struck jurors are dismissed. (5) In all original creditor and debt buyer actions, the affidavit of non-expiration of statute of limitations set forth in subsection (e), effective October 1, 2014. (1) Service of initiating documents in an action. (iv) prompt redaction or invalidation of such financing statement is necessary to avert or mitigate prejudice to the petitioner. The Panel may exclude particular actions from an otherwise applicable order of coordination when necessary to protect the rights of parties. (l) Public view of documents containing social security numbers. Notwithstanding NYCRR 202.11, no prior consultation is required where either or both of the parties is self-represented. 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. (1-b) Both parties personally must be present in court at the time of the conference, and the judge personally shall address the parties at some time during the conference. Supreme Court nominees, after being selected by the president must be approved by a simple majority vote (51 votes) of the Senate . Under Article II of the Constitution, the President of the United States alone is empowered to nominate Supreme Court Justices and the U.S. Senate is required to confirm those nominations. (b) Notices and subpoenas directed to an entity may enumerate the matters upon which the person is to be examined, and if so enumerated, the matters must be described with reasonable particularity. 202.17 Exchange of medical reports in pers. In order to ensure an efficient and dignified selection process, the trial judge shall preside at the commencement of the voir dire and open the voir dire proceeding. Cheryl A. Joseph As far as practicable, the application shall be brought in the county in which it arose. (a) Upon any motion for summary judgment, other than a motion made pursuant to CPLR 3213, the court may direct that there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried. (ii) Where practicable, all orders to show cause, motions or cross-motions for relief should be made in one order to show cause or motion or cross-motion. Historical Note (d) Interlineation of Responsive Pleadings. section 202.33 of the Rules of the Chief Administrator of the Courts. 202.61 Exchange of appraisal reports in eminent domain proceedings Section 202.21 Note of issue and certificate of readiness. . 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. paragraph: ORDERED AND ADJUDGED that pursuant to pursuant to the partiesSettlement Agreement dated __________________ OR the courts decision aftertrial, all parties shall duly execute all documents necessary to formally transfer title to real estate or co-op shares to the Plaintiff OR Defendant as set forth in the parties Settlement Agreement OR the court's decision after trial, including, without limitation. Christopher Modelewski No proposed order should be submitted with motion papers on a dispositive motion. Section 202.47 Transcript of judgment; receipt stub. (4) The party opposing any motion shall be deemed to have admitted, for the purpose of the motion but not otherwise, such facts set forth in the moving party's statement of net worth as are not controverted in: (i) a statement of net worth, in the official form prescribed by this section, completed and sworn to by the opposing party, and made a part of the answering papers; or. In addition, the statement to be submitted by counsel shall contain categories of information about the case prescribed by the Office of Court Administration which may assist the court, counsel and the parties in considering the role mediation might play in the resolution of the case. 202.1 Application of Part; waiver; additional rules; . (c) Jury Trials. 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. (3) The statement referred to in paragraph (1) of this subdivision, with proof of service upon the other party, shall, with the note of issue, be filed with the court. Rule 10. 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. section 202.21(i)(2) of this Part, unless the court permits otherwise pursuant to that Dec. 27, 2000. (c) If so ordered, the parties shall submit to the court, before the commencement of trial, trial memoranda which shall be exchanged among counsel. (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. Improving the process of litigating in the Commercial Division by instituting staggered court appearances of matters before the court, 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. The court shall, on application of any party, or on its own motion, confirm or disaffirm the referee's report; such report shall then be reviewed only by appeal to the Appellate Division. Where appropriate, the court may permit representatives of either party to attend the conference telephonically or by video-conference. (b) At least 20 days before the date of such examination, or on such other date as the court may direct, the party to be examined shall serve upon and deliver to all other parties the following, which may be used by the examining medical provider: (1) copies of the medical reports of those medical providers who have previously treated or examined the party seeking recovery. (g) Rules of practice for the Commercial Division. Except to the extent that this section shall otherwise require, the provisions of section 202.5-b of these rules shall govern electronic filing under this section. A party may, however, utilize other service methods permitted by the CPLR provided that, if one of such other methods is used, proof of that service shall be filed electronically. Fees and expenses of experts shall include appraisal, accounting, actuarial, investigative and other fees and expenses (including costs for processing of NYSCEF documents because of the inability of a self-represented party that desires to e-file to have computer access or afford internet accessibility) to enable a spouse to carry on or defend a matrimonial action or proceeding in the Supreme Court. ORDERED AND ADJUDGED that the Settlement Agreement entered into between the parties on the ___ day of ___________, an original OR a transcript of which is on file with this Court and incorporated herein by reference, shall survive and shall not be merged into this judgment, and the parties are hereby directed to comply with all legally enforceable terms and conditions of said agreement as if such terms and conditions were set forth in their entirety herein; (5) Use of Referee. 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. Provided, however, that where an unrepresented litigant chooses to participate in e-filing in accordance with these rules, he or she may at any time opt out of such participation by presenting the clerk of the court with a form so declaring. Counsel for all parties shall consult prior to a preliminary or compliance conference about (i) resolution of the case, in whole or in part; (ii) discovery, including discovery of electronically stored information, and any other issues to be discussed at the conference, (iii) the use of alternate dispute resolution to resolve all or some issues in the litigation; and (iv) any voluntary and informal exchange of information that the parties agree would help aid early settlement of the case. Rule 19-a. Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code. The notice must be signed by both the attorney of record and the trial counsel. Address: A copy of any demand for arbitration, election of arbitration or concession of liability is attached. (1) The exchange and filing of appraisal reports shall be accomplished by the following procedure: (i) The respective parties shall file with the clerk of the trial court one copy, or in the event that there are two or more adversaries, a copy for each adversary, of all appraisal reports intended to be used at the trial. 202.25 Objections to applications for special preference 1If any party is appearing pro se, the name, address and telephone number of such party shall be stated. Office and P.O. The court will rule upon the objections to the contested exhibits at the earliest possible time. Part IA-5. (1) There is hereby established in the Supreme Court of the State of New York in each county a program to hear special proceedings for small claims tax assessment review pursuant to title 1-A of Article 7 of the Real Property Tax Law; provided, however, that insofar as Hamilton County may lack required personnel and facilities, Fulton and Hamilton Counties shall be deemed one county for the purposes of this rule. The Chief Administrator shall establish requirements for education and training of all judges and nonjudicial personnel assigned to conduct foreclosure conferences pursuant to this section. 202.12-a Residential Mortgage Foreclosure Actions . If counsel anticipates the need during trial of special equipment (if available) or special assistance, such as an interpreter, counsel shall so inform the clerk at that time. Sec. A note of issue and certificate of readiness may not be filed in any action where a preliminary conference was requested or was directed by the court until the conference has been held and there has been compliance with any orders or directives of the court or stipulations of counsel made at such conference. (3) The announcements and communications shall set forth the nature of the position, the qualifications for selection as contained in section 731 of the Real Property Tax Law, or section 19-152.3(d) of the Administrative Code of the City of New York, and the compensation. (3) The Chief Administrator may authorize the assignment of one or more special reserve trial judges. The plaintiff in a matrimonial action shall cause to be served upon the defendant, simultaneous with the service of the summons, a copy ofthe automatic orders set forth in this section in a notice that substantially conforms to the notice contained in Appendix F. The notice shall state legibly on its face that automatic orders have been entered against the parties named in the summons or in the summons and complaint pursuant to this rule, and that failure to comply with these orders may be deemed a contempt of court The automatic orders shall be binding upon the plaintiff immediately upon riling of the summons, or summons and complaint, and upon the defendant immediately upon service ofthe automatic orders with the summons. Puede obtener informacin adicional en el sitio web del sistema: www.nycourts.gov. (e) Where a party opposing a motion makes a cross-motion, the affidavits, affirmations, briefs, or memoranda submitted by that party shall be limited to 7,000 words each when prepared by use of a computer or to 20 pages each when typewritten or handwritten. (2) The party who prepared a pleading to which a responsive pleading is required shall, upon request, promptly provide a copy of its pleading in the same word processing software application in which the pleading was prepared to the party preparing the responsive pleading. A party may arrange to have a stenographic transcription made of the deposition at his or her own expense. 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. This notification shall be made in addition to the filing of a stipulation with the County Clerk. (e) Omission or Redaction of Confidential Personal Information. 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). (C) The court may refer the case to the ADR coordinator or other designated court official in the judicial district where the case is pending for assignment, at no charge to the parties, of a neutral selected from the roster of neutrals or mediators under Part 146 of the Rules of the Chief Administrative Judge. When an e-filing party serves a document in hard copy on a non-participating party, the document served shall bear full signatures of all signatories and proof of such service shall be filed electronically. (3) if the named entity designates more than one individual, it must set out the matters on which each individual will testify. Unless the moving party can demonstrate significant prejudice by reason of giving notice, or that notice could not be given despite a good faith effort to provide notice, a temporary restraining order should not be issued ex parte. . (3) Unless otherwise defined in this Part, or the context otherwise requires, all terms used in this Part shall have the same meaning as they have in the CPLR. Where an application for an order to take a videotaped deposition is made, the application and order shall contain the same information. That certification by counsel certifies that the document complies with the word count limit. One way for parties to express their consent to this accelerated adjudication process is by using specific language in a contract, such as: Subject to the requirements for a case to be heard in the Commercial Division, the parties agree to submit to the exclusive jurisdiction of the Commercial Division, New York State Supreme Court, and to the application of the Courts accelerated procedures, in connection with any dispute, claim or controversy arising out of or relating to this agreement, or the breach, termination, enforcement or validity thereof.. Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of the relevant law. (d) In any accelerated action, the description of custodians shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute. _________, Contract (7) The selection of designated alternate jurors shall take place after the selection of the six jurors. Failure to file with the court a report in conformance with these requirements may, in the court's discretion, preclude the use of the expert. (12) Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR Article 75 involving any of the foregoing enumerated commercial issues. (2) depositions shall be limited to 7 hours per deponent. (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). Sec. The date of entry shall be the date shown on the stamp, except that if the County Clerk receives an order or judgment and places a filing stamp and date thereon reflecting that the date of receipt is the date of filing but does not e-file the document until a later day, the Clerk shall record at the NYSCEF site as the date of entry the date shown on the filing stamp. WebPart IA-2. 202.69 Coordination of related actions pending in more than one . If a Request for Judicial Intervention is accompanied by a dispositive motion, the preliminary conference shall take place within 30 days following the decision of such motion (if not rendered moot) or at such earlier date as scheduled by the justice presiding. 202.63 Assignment for benefit of creditors (4) The administrative judge shall screen each applicant in conformance with the requirements set forth in section 731 of the Real Property Tax Law or section 19-152.3(d) of the Administrative Code of the City of New York, for qualifications, character and ability to handle the hearing officer responsibilities, and shall forward the names of recommended nominees, with a summary of their qualifications, to the Chief Administrator for appointment. 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. Amended (a)-(e); added (f)-(g). OR Courtesy Copies. 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. Part 40 (b) Failure to submit the order or judgment timely shall be deemed an abandonment of the motion or action, unless for good cause shown. April 17, 1998. (a) This section shall govern a special proceeding authorized by subsection (d) of section 9-518 of the Uniform Commercial Code for the redaction or expungement of a falsely-filed or amended financing statement. (e) Sales of Real Estate. Submission of Information; Certification Relating to Alternative Dispute Resolution. Such requests will be granted in the courts discretion for good cause shown; however, nothing contained in this subsection (d) is intended to limit any rights which counsel may otherwise have to participate in court proceedings by appearing in person. A party may serve such documents electronically by filing them with the NYSCEF site and thus causing transmission by the site of notification of receipt of the documents, which shall constitute service thereof by the filer. (3) In each round, the questioning of the seated prospective jurors shall be conducted first by counsel for the plaintiff, followed by counsel for the remaining parties in the order in which their names appear in the caption. 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. (c) Where the petition seeks review of an order issued after a public hearing held pursuant to section 297(4)(a) of the Executive Law: (1) the petition shall have annexed to it a copy of such order; (2) the Supreme Court, upon the filing of the petition, shall make an order directing that the proceeding be transferred for disposition to the Appellate Division in the judicial department embracing the county in which the proceeding was commenced; and. The purpose of these sample forum-selection provisions is to offer contracting parties streamlined, convenient tools in expressing their consent to confer jurisdiction on the Commercial Division or to proceed in the federal courts in New York State. She has almost a decades legal experience in international arbitration and domestic litigation. The court shall schedule a compliance conference unless the court dispenses with the conference based upon a stipulation of compliance filed by the parties. In such event, each working copy shall include, firmly affixed thereto, a copy of a confirmation notice in a form prescribed by the Chief Administrator. Prior to Trial, counsel shall confer in a good faith effort to identify matters not in contention, resolve disputed questions without need for court intervention and further discuss settlement of the case. (b) Commencement of Actions Under this Section. 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. Oct. 1, 1991. Parties which use this sample provision must meet any requirements of applicable law. Adherence to Discovery Schedule, Expert Disclosure. A location in which a hearing is held pursuant to this section shall be deemed a "facility designated for court appearances" within the meaning of section 122.8. (c) Where the plaintiff is the original creditor, the plaintiff must submit the AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR. (ii) Do any of the parties intend to seek or rely upon ESI; (b) If the requirements of paragraph (c) of this Rule are met, the court may, with the consent of the parties, permit a witness or party to participate in anevidentiary hearing or a non-jury trial utilizing video technology. (iii) simplification and limitation of the issues; (iv) the establishment of a timetable for the completion of all disclosure proceedings, provided that all such procedures must be completed and the note of issue filed within six months from the commencement of the conference, unless otherwise shortened or extended by the court depending upon the circumstances of the case; (v) the completion of a preliminary conference order substantially in the form contained in Appendix "G " to these rules, with attachments; and. (a) Meet and Confer: General. Amended (b)(2), (b)(4), (e)(4), (f)(3), & (f)(4) on May 24,2013. (4) Upon all applications made to the court by assignees under general assignments for the benefit of creditors for the filing of a provisional bond, or for permission to sell the property of the assignor, the applicant shall present proof by affidavit whether any petition in bankruptcy has been filed by or against the assignor. The Coordinating Justice shall have authority to make any order consistent with this section and its purposes, including to remand to the court of origin any portion of a case not properly subject to coordination under the administrative order of the Panel; assign a master caption; create a central case file and docket; establish a service list; periodically issue case management orders after consultation with counsel; appoint and define the roles of steering committees and counsel of parties and liaison counsel, provided that the committees and counsel shall not deprive any party of substantive rights; issue protective orders pursuant to Article 31 of the Civil Practice Law and Rules; establish a document depository; direct the parties to prepare coordinated pleadings and deem service upon liaison counsel or steering committee service upon the respective parties; require service of uniform requests for disclosure and establish a uniform method for the conduct of physical and mental examination; rule upon all motions; require the parties to participate in settlement discussions and court-annexed alternative dispute resolution; and try any part of any coordinated case on consent of the parties to that action. A party may commence any action in the Supreme Court in any county (provided that e-filing has been authorized in that county and in the class of actions to which that action belongs pursuant to paragraph (1) of subdivision (a) of this section) by electronically filing the initiating documents with the County Clerk through the NYSCEF site. Rule 11-e. Rules of the Commercial Division of the Supreme Court. 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. (o) Omission or Redaction of Confidential Personal Information from Matrimonial Decisions. Section 202.7 Calendaring of motions; uniform notice of motion form; affirmation of good faith. . 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. (c) Where the trial is by jury, counsel shall, on the first day of the trial or such other time as the court may set, provide the court with case-specific requests to charge and proposed jury interrogatories. 202.8-f Oral Argument. Agreements and protocols agreed upon by parties should be memorialized in a court order. 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. The auctioneer's fee for conducting the sale shall be as prescribed by law. (a) Any party may request to appear at a conference by electronic means. (2) Notice of the time and place of the hearing before a referee appointed to take and state an assignee's account or to hear and report on a referred issue of fact shall be given by mail, with the postage thereon prepaid, at least 20 days before the date specified in said notice, to the assignor, the assignee's surety and to each creditor whose name appears on the books of the assignor or on the schedule, or who has presented his or her claim or address to the assignee, and to each attorney who has appeared for any person interested in the assigned estate. (c) The failure of counsel to comply with this rule may result in the denial of a discovery motion, without prejudice to renewal once the provisions of this rule have been complied with, or in such motion being held in abeyance until the informal resolution procedures of the court are conducted. Party to attend the conference telephonically or by video-conference ) Service of initiating in... Information ; certification Relating to Alternative Dispute Resolution 11-e. Rules of practice for the Commercial of! The six jurors have a stenographic transcription made of the parties for a of... Actions Under this section Program, electronic Filing in Supreme court ; Consensual,. In addition to the petitioner briefs shall be for a statement of the Supreme court ; Program. Contract ( 7 ) the Chief Administrator may authorize the assignment of one or Special... 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