. Correspondence sent by fax should not be followed by hard copy unless requested. (2) The clerk promptly shall mail to the defendant the envelope containing the additional notice set forth in paragraph (1). (2) After general questions have been asked to the group of prospective jurors, jury selection shall continue in rounds, with each round to consist of the following: (1) seating prospective jurors in the jury box; (2) questioning of seated prospective jurors; and (3) removal of seated prospective jurors upon exercise of challenges. 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. 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.) (1) The deposition shall begin by one of the attorneys or the operator stating on camera: (ii) the name and address of the operator's employer; (iii) the date, the time and place of the deposition; and. (2) states that there is no such corporation. (a) Notice of Medical, Dental or Podiatric Malpractice Action. If the mortgage servicer involved in the case and listed on the RJI is changed at any time following the filing of the RJI, plaintiff shall file with the court and serve on all the parties a notice setting forth the name and contact information of the new or substituted mortgage servicer. The court shall ensure that procedures are in place to note the vacatur of any defaults upon service and filing of answers pursuant to CPLR Rule 3408(m). Failure to comply with this rule may be treated as a default for purposes of Rule 202.27 and/or may be treated as a failure to appear for purposes of Rule 130.2.1. 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. Rule 9-a. All references to the trial judge in this section shall include any judge designated by the administrative judge in those instances where the case processing system or other logistical considerations do not permit the trial judge to perform the acts set forth in this section. 202.43 Ref. (f) Absent good cause, a party may not use at trial or otherwise any document which was not produced in response to a request for such document or category of document, which request was not objected to or, if objected to, such objection was overruled by the court. The court shall schedule such other conferences as may be necessary to help resolve the action. (g)Nothing in this rule is intended to: (i) address whether a remote witness is deemed unavailable, within the meaning of CPLR 3117 and its interpretive case law, for the purposes of utilizing that witness deposition at trial; or (ii) alter the Courts authority to compel testimony of non-party witnesses in accordance with New York law. 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. (f) Methods of Jury Selection. (2) prior to the conclusion of the conference, 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. ii. Rule 21. 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. Section 202.57 Judicial review of orders of the State Division of Human Rights; procedure. (c) During the voir dire conducted prior to the liability phase of the trial, if the damage phase of the trial is to be conducted before the same jury, counsel may question the prospective jurors with respect to the issue of damages in the same manner as if the trial were not bifurcated. Historical Note If a preference is granted, the case shall be placed ahead of all nonpreferred cases pending as of that date, unless the court otherwise orders. The Administrative Judge may designate a justice from another local jurisdiction as a Coordinating Justice with the approval of the Administrative Judge thereof. including depositions, are both proportional and reasonable in light of the (g) Unless the circumstances require settlement of an order, a judge shall incorporate into the decision an order effecting the relief specified in the decision. These orders shall remain in full force and effect during the pendency of the action unless terminated, modified or amended by further order of the court or upon written agreement between the parties. (1) Each party shall exchange a statement setting forth the following: (i) the assets claimed to be marital property; (ii) the assets claimed to be separate property; (iii) an allocation of debts or liabilities to specific marital or separate assets, where appropriate; (iv) the amount requested for maintenance, indicating and elaborating upon the statutory factors forming the basis for the maintenance request; (v) the proposal for equitable distribution, where appropriate, indicating and elaborating upon the statutory factors forming the basis for the proposed distribution; (vi) the proposal for a distributive award, if requested, including a showing of the need for a distributive award; (vii) the proposed plan for child support, indicating and elaborating upon the statutory factors upon which the proposal is based; and. filed Jan. 9, 1986; amds. The parties shall confer, at the outset of discovery and as needed throughout the discovery period, about technology-assisted review mechanisms they propose to use in document review and production. In addition, except as provided in subdivision (d) of this section, no motion shall be filed with the court unless there have been served and filed with the motion papers (1) a notice of motion, and (2) with respect to a motion relating to disclosure or to a bill of particulars, an affirmation that counsel has conferred with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion. 2020, effective February 1, 2021, Amended (a)(2) on June 13, 2022, effective effective July 1, 2022. (5) After all prospective jurors in the Panel have been questioned, and all challenges for cause have been made, counsel for each party, one at a time beginning with counsel for the plaintiff, shall then exercise allowable peremptory challenges by alternately striking a single juror's name from a list or ballot passed back and forth between or among counsel until all challenges are exhausted or waived. Amended (c)(2) on November 5, 2014, effective December 1, 2014, Amended (b)(1) on June 21, 2022, effective effective July 1, 2022. (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. filed Dec. 7, 1995 eff. (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. The order may address actions subsequently filed or not otherwise then before the Panel. (b) Except as set forth in subdivision (c) of this section, and unless otherwise ordered by the court, the State Division of Human Rights shall have 20 days after service of the notice of petition and petition to file with the court the written transcript of the record of all prior proceedings upon which its order was made. Notwithstanding any other provision of this section, a party to be added in an action that has been commenced electronically in accordance with this section shall be served with initiating documents in hard copy together with the notice specified in paragraph (3) of subdivision (b) of this section. James F. Matthews Part 24c. It is important that counsels discovery requests, (h) Consistent with CPLR 3126, a party should take reasonable steps to preserve ESI that it has a duty to preserve. (i) Who may register. Any party may request oral argument on the face of its papers or in an accompanying letter. Acknowledging that discovery is one of the most expensive, Such general appraisal reports shall be served and filed as provided in paragraph (1) of this subdivision. (iii) Emergency exception; other hard copy filings. (3) Pursuant to NYCRR 202.26, in cases in which both parties are represented by counsel and each party has called, or intends to call, an expert witness on issues of finances (e.g., equitable distribution, maintenance, child support), the court may direct that, prior to, or during trial, counsel consult in good faith to identify those aspects of their respective experts testimony that are not in dispute. (b) Submission of Papers to Judge. The failure of counsel to comply with this rule may result in a motion being held in abeyance until the court has an opportunity to conference the matter. Unless otherwise ordered by the court, whenever a trial by jury is demanded on less than all issues of fact in an action, and such issues as to which a trial by jury is demanded have been specified in the note of issue or in the jury demand, as the case may be, served and filed pursuant to section 202.21 of this Part, the court without a jury first shall try all issues of fact as to which a trial by jury is not demanded. will move this court (in Room _____) at the ___________ Courthouse, ___________ New York, on the _____day of ___________, 20 _____ , at _____ (a.m.) (p.m.) for an order (briefly indicate relief requested). 202.13 Removal of actions without consent to courts of Ltd. jurisdiction (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: Amended (c). Tax assess. In that event, the court, after consulting with the parties, shall specify the order in which the peremptory challenges shall be exercised in a manner that shall balance the interests of the parties. Any party claiming a preference under CPLR 3403(7) may apply to the court in the manner prescribed by that section. If the parties wish to continue talks with the neutral beyond the initial conference, an arrangement will have to be made to retain such neutral at terms agreed to by the neutral and the parties. Jan. 24, 2002. Matrimonial actions; calendar control of financial disclosure . 202.9-a Special proceedings authorized by subsection (d) of section 9-518 . (e) Filing Note of Issue and Certificate of Readiness; Additional Requirements. (b) Service. There are no outstanding requests for discovery. 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. (b) In such a case, the papers opposing a motion for summary judgment shall include a correspondingly numbered statement responding to each numbered paragraph in the statement of the moving party. filed Aug. 4, 1998 eff. Section 202.20-b Limitations on Depositions. In addition to satisfying the requirements of paragraphs (1), (2), (1) At the time that proof of service of the summons and complaint is filed with the county clerk, plaintiff shall file with the county clerk a specialized request for judicial intervention (RJI), on a form prescribed by the Chief Administrator of the Courts, applicable to residential mortgage foreclosure actions covered by this section. 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. This procedure shall not supplant or diminish other available procedures for the recognition of judgments, decrees and orders under the law. (c) If so ordered, the parties shall submit to the court, before the commencement of trial, trial memoranda which shall be exchanged among counsel. (x) the anticipated cost and burden of data recovery and proposed initial allocation of such cost. Section 202.20-g Rulings at Disclosure Conferences. 1, 2010, effective nunc pro tunc as of Sep. 1, 2009, _________________Court,________________________County, Name of assigned judge_______________________________________, Name of Assigned Judge _____________________. The officer before whom the videotape deposition is taken shall cause to be attached to the original videotape recording a certification that the witness was fully sworn or affirmed by the officer and that the videotape recording is a true record of the testimony given by the witness. Where the requested charge is from the New York Pattern Jury Instructions - Civil, a reference to the PJI number will suffice. . All such exhibits must contain exhibit tabs. Settlement and Pretrial Conferences. Unless otherwise directed by the court, prior to the commencement of the trial, each side shall mark its exhibits into evidence, subject to court approval, as to those to which no objection has been made. (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. Where an order for relief pursuant to section 503 of Title 11 of the United States Code has been entered, the assignee shall file with the clerk a certified copy of such petition in bankruptcy, together with proof by affidavit on the part of the assignee showing that he has turned over all assets of the assigned estate to the trustee or receiver in bankruptcy. Notice of the date selected by the court shall be given, if practicable, at least 14 days before the scheduled oral argument. Prior to the commencement of jury selection, completed questionnaires shall be made available to counsel. The parties need not reveal the terms of a settlement, but must notify the court that a resolution has been reached and that both sides have agreed to discontinue the case. (2) a copy of the bill of particulars, if any. 7. Uncontested matrimonial 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. 202.20-d Depositions of Entities; Identification of Matters. 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. 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. Motions for Summary Judgment; Statements of Material Facts. 202.12-a Residential Mortgage Foreclosure Actions . The face of the envelope shall be addressed to the defendant at the address at which process was served, and shall contain the defendant's name, address (including apartment number) and zip code. (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. . No later than the close of business on the business day following the electronic filing of a document, a notification, in a form prescribed by the Chief Administrator, shall be transmitted electronically by the NYSCEF site to the person filing such document and the e-mail service addresses of all other participating parties in such action.When documents initiating an action are filed electronically, the County Clerk shall assign an index number or filing number to the action and that number shall be transmitted to the person filing such documents as part of the notification. In the event that a discovery dispute cannot be resolved other than through motion practice, each such discovery motion shall be supported by an affidavit or affirmation from counsel attesting to counsel having conducted an in-person or telephonic conference, setting forth the date and time of such conference, persons participating, and the length of time of the conference. In the event a filer shall file initiating documents in hard copy pursuant to this paragraph, each such document shall include the notice required by paragraph (1) of subdivision (d) of section 202.5-b of these rules, and the filer shall file those documents with the NYSCEF site within three business days thereafter. Such a letter must include a representation that the party has conferred with opposing counsel in a good faith effort to resolve the issues raised in the letter or shall indicate good cause why no such consultation occurred. Failure of counsel to attend the trial at the time scheduled without good cause shall constitute a waiver of the right of that attorney and his or her client to participate in the trial for the period of counsel's absence. (i) In a small claims tax assessment review proceeding, if the assessment is reduced by an amount equal to or greater than half the reduction sought, the hearing officer shall award the petitioner costs against the respondent assessing unit in the amount of $25. Such depositions can be done either in person at the location of the deponent, a party or their counsel or in real time by any electronic video device; and. (1) If no objections have been made by any of the parties during the course of the deposition, the videotape deposition may be filed by the proponent with the clerk of the trial court and shall be filed upon the request of any party. The hearing officer shall schedule hearings in the evening at the request of any party, unless special circumstances require otherwise. Pre-Marking of Exhibits. (2) In an action subject to e-filing, any person may apply for an order prohibiting or restricting the electronic filing in the action of specifically identified materials on the grounds that such materials are subject to copyright or other proprietary rights, or trade secret or other privacy interests, and that electronic filing in the action is likely to result in substantial prejudice to those rights or interests. The subject matter jurisdiction of the Commercial Division including both substantial monetary thresholds and carefully chosen case types (see 202.70[a] and [b]) is designed to ensure that it is the forum of resolution of the most complex and consequential commercial matters commenced in New Yorks courts. . (a) Within 20 days after the papers described in section 1704 of the Uniform Justice Court Act or section 1704 of the Uniform City Court Act have been filed with the County Court, appellants shall notice the appeal for the next term or special term of County Court by filing with the clerk of the County Court, not less than 14 days prior to the date for which the appeal has been noticed, a notice of argument and a brief or statement of contentions with proof of service of a copy of each upon respondent. When a document has been filed electronically pursuant to this section, the official record shall be the electronic recording of the document stored by the County Clerk. (b) Absent exigent circumstances, prior to contacting the court regarding a disclosure dispute, counsel must first consult with one another in a good faith effort to resolve all disputes about disclosure. Amended (c)(1) and (c)(2) on Aug. 16, 2004. (5) Every assignee shall keep full, exact and regular books of account of all receipts, payments and expenditures of monies. The e-mail service address recorded at the time of registration is the e-mail address at which service of interlocutory documents on that party may be made through notification transmitted by the NYSCEF site. . Any such motion shall be determined within 30 days after the motion is submitted for decision. (2) There also is established in the Supreme Court in each county within the City of New York a program to hear special proceedings for small claims sidewalk assessment review pursuant to section 19-152.3 of the Administrative Code of the City of New York. (b) Proposed orders. At or before the pre-trial conference, the court may require the parties to prepare a written stipulation of undisputed facts. Within each round, challenges for cause shall be exercised by any party prior to the exercise of peremptory challenges and as soon as the reason therefor becomes apparent. The director shall submit to the court for its consideration such papers as the director may deem appropriate. Preliminary Conference; Request. (f) For good cause shown, the court may alter the limits on the number of depositions or the duration of an examination. filed Jan. 9, 1986; amds. A consumer credit transaction does not include debt incurred in connection with, among others, medical services, student loans, auto loans or retail installment contracts. 202.23 Staggered Court Appearances. Exhibits not previously demanded which are to be used solely for credibility or rebuttal need not be pre-marked. (i) Albany County; or, (ii) the County of the petitioners residence; or. (a) Within 20 days of the filing of the note of issue, if the notice of motion for a special preference is filed therewith, or within 10 days of the service of a notice of motion to obtain a preference, if served and filed subsequent to service and filing of the note of issue, any other party may serve upon all other parties, and file with the court affidavits and other relevant papers, with proof of service, in opposition to granting the preference. 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. In any action subject to e-filing, parties and non-parties producing materials in response to discovery demands may enter into a stipulation, which shall be e-filed, authorizing the electronic filing of discovery responses and discovery materials to the degree and upon terms and conditions set forth in the stipulation. (3) Identification and password. Accelerated Adjudication Actions. If the request is granted, the assigned justice or judge shall make appropriate arrangements for the designation of a "settlement judge.". (4) After challenges for cause are exercised, the number of prospective jurors remaining shall be counted. Counsel may exercise challenges for cause at this time. The clerk shall enter in the register in full every final order according to date; the docket shall contain a brief note of each day's proceedings under the respective title. Such rules have addressed a wide range of matters such as proportionality in discovery, optional accelerated adjudication, robust expert disclosure, limits on depositions and interrogatories, streamlined privilege logs, special rules concerning entity depositions, model forms to facilitate discovery, expedited resolution of discovery disputes, simplification of bench trials, time limits on all trials, streamlined presentation of evidence at trials, and a strong commitment to early case disposition through the Divisions alternative dispute resolution program. . A challenge for cause may be made by counsel to any party as soon as the reason therefor becomes apparent. Counsel shall make a good faith effort to reach agreement on these matters in advance of the conference. Historical Note (b) Prior to the preliminary conference, counsel shall confer with regard to electronic discovery topics, including those set forth in the ESI Guidelines. Copies must be legible. The operator may be an employee of the attorney taking the deposition. (h) Change in Title of Action. Notwithstanding the foregoing, in an action for custody, visitation, contempt, order of protection or exclusive occupancy, however, except as provided in NYCRR 202.18, a party or a partys own witness may not testify on direct examination by affidavit. (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. (A) Who Must File: Contents. (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. 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