(3) Identification and password. Historical Note Unless otherwise authorized by the Chief Administrator, the filing of a request for judicial intervention pursuant to this section shall cause the assignment of the action to a judge pursuant to section 202.3 of this Part. Amended (a) & (b) on Dec. 29. The total number of peremptory challenges to alternates may be exercised against any alternate, regardless of seat. 202.27 Defaults 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. Notice of the preliminary conference date will be sent by the court at least five days prior thereto. If it is deemed necessary, affidavits of disinterested experts as to the claimed values must be furnished; and if such schedule and inventory are filed by the assignee, they must be accompanied by affidavits made by such assignee and by some disinterested expert showing, in detail, the nature and value of the property assigned. (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. Absent advance permission, reply papers shall not be submitted on orders to show cause. Sec. (2) Motion Calendar. Sept. 14, 1998. The filing of a consent to e-filing hereunder shall not constitute an appearance in the action under CPLR 320. the term "clerk of the court" shall mean the county clerk. For purposes of CPLR 304. governing the method of commencing actions and special Proceedings. (4) Pretrial Conference Calendar. Rule 8. (iii) any County within a Judicial District in which any property covered by the financing statement is located. The note of issue and certificate of readiness may not be filed until the completion of expert disclosure. (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. 10. (e) In all applications for a default judgment arising from a consumer credit transaction, the plaintiff must submit the AFFIRMATION OF NON-EXPIRATION OF STATUTE OF LIMITATIONS executed by counsel. Part 41, Hon. (3) Upon application of any party upon such notice as the court in which the proceeding is pending shall direct, the court may, upon good cause shown, relieve a party of a default in filing a report, extend the time for filing reports, or allow an amended or supplemental report to be filed upon such conditions as the court may direct. (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. A sample choice of law provision can be found at Appendix D to these Rules of the Commercial Division. 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. (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. Dec. 21, 1998. No paper shall be removed from the files of the court except by order of the court. If such order is not presented for signature within 20 days after the court directs a reference, the application shall be deemed abandoned. Motions shall be brought on by order to show cause only when there is genuine urgency (e.g., applications for provisional relief), a stay is required or a statute mandates so proceeding. Consultation prior to Preliminary and Compliance Conference. Actions and proceedings shall be assigned to the judges of the court upon the filing with the court of a request for judicial intervention pursuant to section 202.6 of this Part. See Section 202.7. 202.14 Special masters Such general appraisal reports shall be served and filed as provided in paragraph (1) of this subdivision. (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. (f) If the matter cannot be resolved, the parties shall set a briefing schedule for the motion which shall be approved by the court. Section 202.26 Settlement and Pretrial Conferences. Part 40 (k) Cost. Any proposed counter-order or judgment shall be submitted with a copy clearly marked to delineate each proposed change to the order or judgment to which objection is made. complaint, and shall provide instructions as to what must be done to effectuate a (ii) to deny the motion without prejudice to renewal upon compliance with the provisions of this section. Historical Note remaining in the case, the elements of each cause of action and the facts needed to (2) Subject to meeting the jurisdictional requirements of subdivisions (a), (b) and (c) of this section and filing an RJI in compliance with subsection (d)(l) above, the parties to a contract may consent to the exclusive jurisdiction of the Commercial Division of the Supreme Court by including such consent in their contract. Historical Note Added (e)(1)(v) on December 23, 2015Effective March 1, 2016, Amended (a)(1) & added (a)(2) on Dec. 29. 2020, effective February 1, 2021, Amended (a)(2) on June 13, 2022, effective effective July 1, 2022. 202.5 Papers filed in court Trials shall commence each court day promptly at such times as the court directs. filed Jan. 9, 1986; amds. All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or clerk's office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity. Amended (g). Rule 18. (1) the number of depositions taken by plaintiffs, or by defendants, or by third-party defendants, shall be limited to 10; and In any action or proceeding tried without a jury to which section 237 of the Domestic Relations Law applies, the court may appoint a psychiatrist, psychologist, social worker or other appropriate expert to give testimony with respect to custody or visitation, and may appoint an accountant, appraiser, actuary or other appropriate expert to give testimony with respect to equitable distribution or a distributive award. 19, 2018, effective Jul 1, 2018, Added Rule 11-e (f) July 19, 2018, effective October 1, 2018, Added Rule 9-a July 25, 2018, effective October 1, 2018, Amended Rule 17 July 30, 2018, effective October 1, 2018, Amended Preamble November 19, 2018, effective January 1, 2019, Amended Rule 3(a) December 5, 2018, effective January 1, 2019, Amended Rule 10 March 22, 2019, effective July 1, 2019, Amended Rule 1 June 16, 2020, effective June 15, 2020, Amended Rule 11-gSeptember 23, 2020, effective October 13, 2020, Amended Rule 6 on September 29, 2020, effective November 16, 2020, Amended Rule 31 on January 21, 2021, effective March 1, 2021, Added Rule 35 on October 4, 2021, effective December 1, 2021, Added Rule 36 on October 19, 2021, effective December 13, 2021, Added Rule 37 & Appendix G on Dec. 7, 2021, effective December 15, 2021, Amended Rule 3(a) on Oct. 19, 2021, effective December 20, 2021, Amended Rule 30 on Jan. 7, 2022, effective February 1, 2022, Amended Rule 1, 8, 9, 11-c, 11-e, 11-g, and Appendices on Mar. filed Feb. 16, 1988 eff. Discovery of Electronically Stored Information. Part 29 (c) If the net amount obtained for the infant, or incapacitated person in any approved settlement does not exceed the amount set forth in CPLR 1206(b), the court may permit it to be paid pursuant to CPLR 1206(b). (iv) Are the cost and burden of preserving and producing ESI proportionate to the amount in controversy; and (2) Addition of parties after commencement of action. (d) Where typewritten or handwritten, affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 20 pages each; and reply affidavits, affirmations, and memoranda shall be limited to 10 pages each and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief. Section 202.48 Submission of orders, judgments and decrees for signature. (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. Part 30 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. Section 202.69 Coordination of related actions pending in more than one judicial district. Rule 10. 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). (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: 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. Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the portions of deposition testimony to be offered into evidence without objection. The use of videotape recordings of depositions at the trial shall be governed by the provisions of the Civil Practice Law and Rules and all other relevant statutes, court rules and decisional law relating to depositions and relating to the admissibility of evidence. (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. (2) At the preliminary conference, the court shall designate the track to which the case shall be assigned in accordance with the following: (i) Expedited--discovery to be completed within eight months; (ii) Standard--discovery to be completed within 12 months; and. (a) Each court appearance for oral argument on a motion shall be assigned either a set time or a time interval during which the appearance is expected to be held. The trial of such issues shall be had and the subsequent proceedings in relation thereto shall be such as are prescribed by the CPLR. (i) The County Clerk or clerk of the court shall refuse to accept for filing a default judgment application that does not comply with the requirements of this section. interpretation for a person of limited English proficiency; Section 202.65 Registration of title to real property; sales of real estate under court direction. In determining whether to issue an administrative order of coordination, the Panel shall consider, among other things, the complexity of the actions; whether common questions of fact or law exist, and the importance of such questions to the determination of the issues; the risk that coordination may unreasonably delay the progress, increase the expense, or complicate the processing of any action or otherwise prejudice a party; the risk of duplicative or inconsistent rulings, orders or judgments; the convenience of the parties, witnesses and counsel; whether coordinated discovery would be advantageous; efficient utilization of judicial resources and the facilities and personnel of the court; the manageability of a coordinated litigation; whether issues of insurance, limits on assets and potential bankruptcy can be best addressed in coordinated proceedings; and the pendency of related matters in the Federal courts and in the courts of other states. If actions related to those pending before a Coordinating Justice are proceeding in Federal courts or in the courts of other states, the Coordinating Justice shall consult with the presiding judge(s) in an effort to advance the purposes of this section. (5) Hearing officers shall serve at the pleasure of the Chief Administrator, and their appointments may be rescinded by the chief administrator at any time. (5) Technical data, such as recording speeds and other information needed to replay or copy the tape, shall be included on copies of the videotaped deposition. In order for a party to a court action or proceeding to use the EDDS to transmit one or more court documents to a court, such party must: (1) have use of a computer or other electronic device that permits access to the Internet, an email address and telephone number, and a scanner to digitize documents or some other device by which to convert documents into an electronically transmissible form; and. (ii) Filing agent; statement of authorization. A party served by electronic means shall, within 24 hours of service, provide the serving party or attorney with an electronic confirmation that the service has been effected. Unless otherwise stipulated or ordered by the court, expert disclosure must be accompanied by a written report, prepared and signed by the witness, if either (1) the witness is retained or specially employed to provide expert testimony in the case, or (2) the witness is a party's employee whose duties regularly involve giving expert testimony. This limit applies to consolidated actions as well. Prior to the pretrial conference, 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. (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. 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. (c) When may the EDDS be used. (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. (b) Medical, Dental and Podiatric Malpractice Preliminary Conference. Any party claiming a preference under CPLR 3403 may apply to the court in the manner prescribed by that rule. A party requesting oral argument shall set forth such request in its notice of motion or in its order to show cause or on the first page of the answering papers, as the case may be. (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. (k) Motions for Alimony, Maintenance, Counsel Fees Pendente Lite and Child support (other than under section 237(c) or 238 of the Domestic Relations Law). All applications made to the court under section 428 of the Real Property Law shall also be made to the appropriate part or judge, upon eight days' notice to the city or county treasurer and all other parties who have appeared in the proceeding to recover for loss or damage or deprivation of real property out of the assurance fund provided for by law. When appropriate, proposed orders should be submitted with motions, e.g., motions to be relieved, pro hac vice admissions, open commissions, etc. Discovery proceedings now known to be necessary completed. (ii) Upon application by an assignee or a creditor, setting forth that a part or the whole of the estate is perishable, the nature and location of such perishable property, and that there will be a loss if the same is not sold immediately, the judge presiding, if satisfied of the facts stated and that the sale is required in the interest of the estate, may order the same to be sold with or without notice to creditors. (vi) if requested and available, all information required by CPLR 3101(d)(1)(i).The notice shall be served simultaneously upon all such parties. Where appropriate, the court may permit representatives of either party to attend the conference telephonically or by video-conference. The Notice shall further provide that the defendant contact the court by telephone, no later than seven days before the conference is scheduled, to advise whether the defendant will be able to attend the scheduled conference. Documents in a foreign language shall be translated as required by CPLR 2101(b). (f) Methods of Jury Selection. If the Panel determines to direct coordination, it shall issue an administrative order identifying the actions that shall be coordinated. If the parties do not agree, they must file separate requests with statements as to their preference for a MSC track. In cases with multiple parties, questioning shall be undertaken by counsel in the order in which the parties' names appear in the caption. Except where the Chief Administrator authorizes use of electronic signatures, decisions, orders and judgments signed by a judge shall be signed in hard copy. produce a document stating clearly and concisely the issues asserted in the Following the filing of a Note of Issue, the parties must confer and file a request to proceed to a MSC pursuant to one of the following four tracks. All papers for any judge that are filed in the clerk's office shall be promptly delivered to the judge by the clerk. The Panel shall provide notice and an opportunity to be heard to all parties to the actions sought to be coordinated and shall inform the justices before whom such actions are pending of the initiation of proceedings before the Panel. Rule 20. Amended (a)-(c), (e), (h)-(i). Unless these rules of practice for the Commercial Division provide specifically to the contrary, the rules of Part 202 also shall apply to the Commercial Division, except that Rules 7 through 15 shall supersede section 202.12 (Preliminary Conference) and Rules 16 through 24 shall supersede section 202.8 (Motion Procedure). 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. 202.22 Calendars The counsel last able to exercise a peremptory challenge in a round is not confined to the exercise of a single challenge but may then exercise one or more peremptory challenges. 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. Special proceedings authorized by subsection (d) of section 9-518 . (3) if the named entity designates more than one individual, it must set out the matters on which each individual will testify. State alleged medical specialty of each individual defendant, if known. Amended Rule 26 on July 01, 2017, Amended 202.70(d) and added Appendix C on July 01, 2017, Amended Rules 10, 11, and added Exhibit A on Oct. 11, 2017 effective Jan 1, 2018, Amended (d)(2) and added Appendix D on Oct. 26, 2017 effective Jan 1, 2018, Amended Rule 11-g & added Appendix E on Mar. Consolidation or joint trial of real property tax assessment review proceedings in the discretion of the court shall be conditioned upon service having been made of the verified or certified income and expense statement, or a statement that the property is not income-producing, for each of the tax years under review. Historical Note In the case of a proceeding to review a small claims assessment where the petition has been e-filed by the submission of a text file as provided in subdivision (b)(1) of this section, a hard copy of the petition, fully completed and signed as set forth in that subdivision, shall be mailed, and shall be served upon the assessing unit or tax commission, as provided in Section 730 of the Real Property Tax Law, unless otherwise stipulated. We hear . 202.8 Motion procedure The court should rule upon the objections to the contested exhibits at the earliest possible time. (i) either (A) an employee of the State or of a political subdivision thereof, or (B) an attorney who represents or has represented the respondent in a criminal court; and (4) The parties shall engage in settlement discussions in good faith to reach a mutually agreeable resolution, including a loan modification if possible, consistent with CPLR Rule 3408(f) The court shall ensure that each party fulfills its obligation to negotiate in good faith and shall see that conferences not be unduly delayed or subject to willful dilatory tactics so that the rights of both parties may be adjudicated in a timely manner. Amended (c)(2) on November 5, 2014, effective December 1, 2014, Amended (b)(1) on June 21, 2022, effective effective July 1, 2022. (j) Assignee's Commissions and Attorney's Fees. (2) The filing of the notice of medical, dental or podiatric malpractice action in an action to which a judge has not been assigned shall be accompanied by a request for judicial intervention, pursuant to section 202.6 of this Part, and shall cause the assignment of the action to a judge. These calendars may include: (1) Preliminary Conference Calendar. (1) In the discretion of the Commercial Division justice assigned, if a case does not fall within the jurisdiction of the Commercial Division as set forth in this section, it shall be transferred to a non-commercial part of the court. (iii) Correction. Should the provisional bond already filed be deemed sufficient, an order may be granted making such bond, as approved, the final bond. Unless otherwise directed in the Courts individual part rules, plaintiffs exhibits shall be tabbed numerically, and defendants exhibits shall be tabbed alphabetically. (2) The Chief Administrator may authorize the establishment in any court of special categories of actions and proceedings, including but not limited to matrimonial actions, medical malpractice actions, tax assessment review proceedings, condemnation actions and actions requiring protracted consideration, for assignment to judges specially assigned to hear such actions or proceedings. process to lessen the amount of time required to complete discovery and to reduce A single memorandum of no more than 7,000 words shall be submitted by each side. Section 202.20-g Rulings at Disclosure Conferences. The official home page of the New York State Unified Court System. The stub shall also contain such other information as shall be required to identify it with the transcript with which it was issued, so that it may be readily identified upon its return to the issuing County Clerk, with the name of, and the date of receipt by, the receiving clerk endorsed thereon. Jan. 24, 2002. (a) Each court or court part shall adopt a procedure governing request for oral argument of motions, provided that, in the absence of the adoption of such a procedure by a particular court or part, the provisions of paragraph (b) shall apply. (i) Notwithstanding subdivision (f) of this section, upon receipt of an offer for all or a substantial part of the assets, an assignee may for good cause shown make application to the court for leave to sell at a private sale in lieu of a public auction sale. Plaintiff's exhibits shall be numerically tabbed, and defendant's exhibits shall be tabbed alphabetically. and instructions in the Unified Court System Uncontested Divorce Packet as set forth in (B) The court may refer the case to the Judicial Hearing Officer/Special Referee office for assignment of a Judicial Hearing Officer or Special Referee to conduct the MSC. When so authorized, a petition to commence a proceeding for review of a small claims assessment pursuant to Real Property Tax Law 730 may be e-filed, including as follows: the petition, in the form prescribed by the Chief Administrator in accordance with such section, shall be completed and signed in hard copy as provided in that section and shall be e-filed by transmission to the NYSCEF site, in conformity with procedures established by the site, of a text file containing all of the information set forth in the completed and executed hard copy petition (exclusive of the signature(s)). Amended (c). (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. Section 202.59 Tax assessment review proceedings in counties outside the City of New York; special rules. 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. (iv) implementation of a preservation plan for potentially relevant ESI; There are no outstanding requests for discovery. (e) In the event that the proponent of a motion for summary judgment fails to provide a statement of undisputed facts though required to do so, the court may order compliance and adjourn the motion, may deny the motion without prejudice to renewal upon compliance, or may take such other action as may be just and appropriate. (6) At the commencement of the trial or at such time as the court may direct, each party shall identify in writing for the court the witnesses it intends to call, the order in which they shall testify and the estimated length of their testimony, and shall provide a copy of such witness list to opposing counsel. Removal of actions without consent to courts of Ltd. jurisdiction. (2) promptly file a supplemental statement if any required information changes. If all parties sign the form and return it to the court before the return date of the motion, such form shall be "so ordered" by the court, and the motion shall be deemed withdrawn. 202.68 Proceedings Involving Custody of an Indian Child Added on Dec. 29. Unless the court orders otherwise, no motion may be adjourned on consent more than three times or for a cumulative total of more than 60 days. (c) The term "referee" in this section shall be used as defined in section 202.43(e) of this Part. (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. 202.20-i Direct Testimony by Affidavit. 202.35 Submission of papers for trial Joseph A. Santorelli The court may further direct that any agreements reached in this regard shall be reduced to a written stipulation. 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. 202.8-a Motion in General. Late retention of experts and consequent late submission of reports shall be permitted only upon a showing of good cause as authorized by CPLR 3101(d)(1)(i). Part IA-5. Such means may include technology-assisted review, including predictive coding, in appropriate cases. (8) Continuous Calendars. Before such filing, the proponent shall permit the other party to view the edited videotape. (3) After the general questioning has been completed, in an action with one plaintiff and one defendant, counsel for the plaintiff initially shall question the prospective jurors, followed by questioning by defendant's counsel. Any issues with respect to fault, custody and finance that are not specifically described in writing or on the record at that time may not be raised in the action unless good cause is shown. The Administrative Board of the Courts has requested public comment with respect to the proposed rule changes, by the Commercial Division Advisory Council (CDAC), to amend The court may at any time order discontinuation of e-filing in such action or modification of e-filing procedures therein in order to prevent prejudice and promote substantial justice. Party to view the edited videotape, it new york supreme court part rules issue an administrative order the. 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