Except where clearly inapplicable because of the lack of a video portion, these rules are equally applicable to the taking of depositions by audio recording alone. 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. The EDDS may be used for the transmission of documents in such courts and in such classes of cases, and for such purposes including the filing thereof with a court, as may be authorized by order of the Chief Administrator. (2) states that there is no such corporation. 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. Where feasible and appropriate, the court is encouraged to grant such requests. (d) For the purposes of this Rule, each deposition of an officer, director, principal or employee of an entity who is also a fact witness, as opposed to an entity representative pursuant to CPLR 3106(d), shall constitute a separate deposition. 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. At the discretion of the court, the conference may be held on the record. Sec. The court may in its discretion require any surety to appear and justify. (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). Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection. The County Clerk or the court, with the approval of the Chief Administrator, may require an exempt attorney or small claims assessment filing agent to submit an additional, unbound hard copy of documents being presented in hard copy to the court. (1) The Chief Administrator of the Courts shall establish Panels of small claims hearing officers found qualified to hear small claims tax assessment review proceedings pursuant to title 1-A of Article 7 of the Real Property Tax Law and Panels of small claims hearing officers found qualified to hear small claims sidewalk assessment review proceedings pursuant to section 19-152.3(d) of the Administrative Code of the City of New York. In deciding whom to designate, the Administrative Judge shall consider, among other things, the existing caseload of each prospective appointee and the overall needs of the court in which that justice serves; the familiarity of that justice with the litigation at issue; the justice's managerial ability; and the previous experience of the justice with the field of law involved and with coordinated litigation. (d) Pretrial Proceedings. (e) The parties are encouraged to use the most efficient means to review documents, including electronically stored information (ESI), that is consistent with the parties disclosure obligations under Article 31 of the CPLR and proportional to the needs of the case. 2020, effective February 1, 2021. 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. Rule 26. Scheduling of witnesses. (e) Sales of Real Estate. Historical Note Settlement Conference Before a Justice Other than the Justice Assigned to the Case. Disclosure Disputes. ", Historical Note Historical Note No proposed order should be submitted with motion papers on a dispositive motion. (1) Referral to MSC. Upon entry of an order or judgment, the NYSCEF site shall transmit to the e-mail service addresses a notification of receipt of such entry, which shall not constitute service of notice of entry by any party. 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. Section 202.21 Note of issue and certificate of readiness. (3) if the named entity designates more than one individual, it must set out the matters on which each individual will testify. Hon. Copies of the reports of the examining medical providers, complying with the requirements of subdivision (c) of this section, shall be served within 10 days after completion of such further examination. The following procedures shall govern all disclosure conferences conducted by non-judicial personnel. Oct. 1, 2014, Section 202.27-b Additional Mailing of Notice on an Action Arising from a Consumer Credit Transaction (Uniform Civil Rules for the Supreme Court and the County Court). 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. (1) Stipulations of adjournment of the return date made by the parties shall be in writing and shall be submitted to the assigned judge. Alternative Dispute Resolution (ADR); Settlement Conference Before a Justice Other Than the Justice Assigned to the Case. (ii) a person identified as a debtor in a financing statement filed pursuant to Subpart one of Part five of Article nine of the Uniform Commercial Code; and. 202.32 Engagement of counsel All papers for any judge that are filed in the clerk's office shall be promptly delivered to the judge by the clerk. 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. The court shall also provide in such mailing a copy of the current Consumer Bill of Rights published by the New York State Department of Financial Services pursuant to RPAPL 1303-3-a. (4) Unless the court excuses their presence, the parties personally must be present in court at the time of the compliance conference. (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. (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. In any civil action or proceeding, should counsel wish to proceed with a settlement conference before a justice or judge other than the justice or judge assigned to the case, counsel may jointly request that the assigned justice or judge grant such a separate settlement conference. In addition to complying with the provisions of CPLR 2101, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and if typewritten, shall have at least double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins. Sec. filed Jan. 9, 1986 eff. Preliminary Conference; Request. A document shall be considered to have been signed by an attorney or party in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR 130-1.1-a) if it has been signed by such attorney or party as provided in paragraph (1) of this subdivision and it bears the signatory's name. Sec. v. any of the documents or testimony in a matrimonial action protected by Domestic Relations Law section 235 or evidence sealed by the court in such an action which are attached as exhibits or referenced in the papers filed in any other civil action. (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. Usted no puede ser arrestado ni apresado por adeudar dinero. (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. To the extent that the collection process and parameters are disclosed to the other parties and those parties do not object, that fact may be relevant to the Court when addressing later discovery disputes. filed: Feb. 16, 1988; Nov. 19, 1992; Dec. 14, 1992; Feb. 12, 1996; Aug. 4, 1998; Jan. 6, 1999 eff. (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 Where an application for an order to take a videotaped deposition is made, the application and order shall contain the same information. The trial judge shall direct the method of jury selection that shall be used for the voir dire from among the methods specified in subdivision (f) of this section. (1) "Chief Administrator of the Courts" in this Part also includes a designee of the Chief Administrator. The Panel may exclude particular actions from an otherwise applicable order of coordination when necessary to protect the rights of parties. (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. Appendix A GUIDELINES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI) FROM NONPARTIES. The action or proceeding then may be assigned to another judge for trial in a manner prescribed by the Chief Administrator. Article 78 is the article of the Civil Practice Law and Rules (CPLR), which establishes the procedure for challenging the determinations of administrative agencies, Section 202.29 Settlement Conference Before a Justice Other than the Justice Assigned to the Case. (i) Electronic filing required; format of e-filed documents; statement of authorization. Prior to the commencement of jury selection, completed questionnaires shall be made available to counsel. Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits of a motion are not permitted, except that counsel may inform the court by letter of the citation of any post-submission court decision that is relevant to the pending issues, but there shall be no additional argument. (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. (b) How to use the EDDS. contested, shall include language substantially in accordance with the following decretal 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. (2) Authority. (b) Notwithstanding subsection (a)(1) of this Rule, the propriety of and timing for depositions of non-parties shall be subject to any restrictions imposed by applicable law. Section 202.20-e Adherence to Discovery Schedule. (e) Omission or Redaction of Confidential Personal Information. 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. (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. The total number of peremptory challenges to alternates may be exercised against any alternate, regardless of seat. There shall be established for all civil actions and proceedings heard in the Supreme Court and County Court an individual assignment system which provides for the continuous supervision of each action and proceeding by a single judge. (b) If appellant does not comply herewith, the County Court may, upon respondent's motion or upon its own motion, dismiss the appeal. (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. 202.44 Motion to confirm or reject judicial hearing officer' s report . (1) prior to the conclusion of the conference, the parties shall prepare a writing setting forth the resolutions reached and submit the writing to the court for approval and signature by the presiding justice; or. (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). 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. (3) The proposed judgments shall be numbered in the order in which they are received and submitted in sequence to the judge or referee. 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. (c) In the event the parties wish to incorporate a privilege claw-back provision into either (i) the confidentiality order to be utilized in their commercial case, or (ii) another form of order utilized by the Justice presiding over the matter, they shall utilize the text set forth in Appendix B, Paragraph 18 to these Rules of the Commercial Division. the date of an individual's birth, except the year thereof; iii. Section 202.54 Proceedings relating to appointments of guardians with respect to patients in facilities defined in the Mental Hygiene Law. For the purposes of this section, a cooperative or condominium apartment building shall be considered income-producing property; an owner-occupied business property shall be considered income-producing as determined by the amount reasonably allocable for rent, but the petitioner is not required to make an estimate of rental income. (1) The assessment review clerk of the county in which the Panel will serve shall draw names of hearing officers at random from the Panel and shall assign to each hearing officer at least the first three, but no more than six, petitions filed with the County Clerk pursuant to these rules; provided, however, where necessary to ensure the fair and expeditious administration of justice, the Chief Administrator may authorize the assignment of related petitions and the assignment of more than six petitions to a single hearing officer. No action or proceeding to which this section is applicable shall be deemed ready for trial unless there is compliance with this section by the party filing the note of issue and certificate of readiness. Copies must be legible. Historical Note A request for judicial intervention must be submitted, in duplicate, on a form authorized by the Chief Administrator of the Courts, with proof of service on the other parties to the action (but proof of service is not required where the application is ex parte). (g) Nothing in this Rule shall be construed to alter the right of any party to seek any relief that it deems appropriate under the CPLR or other applicable law. Proposed Form of Confidentiality Order. filed Jan. 9, 1986; amd. The submission of direct testimony in affidavit form shall not affect any right to conduct cross-examination or re-direct examination of the witness. In all actions in which the accounts of a receiver appointed in an action for the dissolution of a corporation are presented for settlement or to be passed upon by the court, a notice or a copy of an advertisement requiring the creditors to present their claims to a referee must be mailed, with the postage thereon prepaid, to each creditor whose name appears on the books of the corporation, at least 20 days before the date specified in such notice or advertisement. The movant shall, upon request, promptly provide the respondent with a copy of the material statement of facts in the same word processing software application in which the statement was prepared. CPLR 2101(b). The ESI Guidelines are advisory and should be applied to the extent appropriate under the circumstances. (h) Application to Continue Business of Assignor. A ready calendar is for actions in which a trial is imminent. (e) Filing Note of Issue and Certificate of Readiness; Additional Requirements. Prior to the conclusion of the conference, at the request of any party. Counsel may exercise challenges for cause at this time. The name, residence, occupation and place of business of the assignor, and the name and place of residence of the assignee must be annexed to the schedule and inventory or incorporated in the affidavit verifying the same. (a) Application. 202.47 Transcript of judgment; receipt stub An e-filing party causes service of an interlocutory document to be made upon another party participating in e-filing by filing the document electronically. Upon receipt of an interlocutory document, the NYSCEF site shall automatically transmit electronic notification to all e-mail service addresses in such action. (c) Automatic Orders. (b) Applicability. The court will rule upon the objections to the contested exhibits at the earliest possible time. If sales, leases or other transactions involving comparable properties are to be relied on, they shall be set forth with sufficient particularity as to permit the transaction to be readily identified, and the report shall contain a clear and concise statement of every fact that a party will seek to prove in relation to those comparable properties. (f) Class action certification motions. Consultation prior to Preliminary and Compliance Conference. (4) Pretrial Conference Calendar. 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. (1) Designation. If the parties do not agree, they must file separate requests with statements as to their preference for a MSC track. Historical Note (b) A request for judicial intervention shall be filed, without fee, for any application to a court not filed in an action or proceeding, as well as for a petition for the sale or finance of religious/not-for-profit property, an application for change of name or change of sex designation, a habeas corpus proceeding where the movant is institutionalized, an application under CPLR 3102(e) for court assistance in obtaining disclosure in an action pending in another state, a retention proceeding authorized by article 9 of the Mental Hygiene Law, a proceeding authorized by article 10 of the Mental Hygiene Law, an appeal to a county court of a civil case brought in a court of limited jurisdiction, an application to vacate a judgement on account of bankruptcy, a motion for an order authorizing emergency surgery, or within the City of New York, an uncontested action for a judgment for annulment, divorce or separation commenced pursuant to article 9, 10 or 11 of the Domestic Relations Law, and an application for an extreme risk protection order. Within 60 days after the first preliminary conference, the respondent, for the purpose of substantiating petitioner's completed statement of income and expenses, as required by subdivision (c) of this section, may request in writing an audit of the petitioner's books and records for the tax years under review. filed Jan. 9, 1986; amds. (a) At any time after service of process, a party may file a request for judicial intervention. Amendedsections 202.12(b) and 202.12(c)(3) on Sept 23, 2013, 202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference. injury and wrongful death . Counsel shall make a good faith effort to reach agreement on these matters in advance of the conference. The notice must be signed by both the attorney of record and the trial counsel. filed: Feb. 16, 1988; Dec. 14, 1992 eff. 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. (3) Identification and password. 10. (a) There shall be compliance with the procedures prescribed in the CPLR for the bringing of motions. 202.71 Section 202.71 Recognition of Tribal Court Judgments, Decrees and Orders (1) Where the requirements of matters already assigned to a judge are such as to limit the ability of that judge to handle additional cases, the Chief Administrator may authorize that new assignments to that judge be suspended until the judge is able to handle additional cases. Special masters shall serve without compensation. Where the applicable arbitration agreement provides for the arbitration to be heard outside the United States, the monetary threshold set forth in section 202.70(a) shall not apply. 202.7 Calendaring of motions; uniform notice of motion form; . (5) The Chief Administrator may authorize the transfer of any action or proceeding and any matter relating to an action or proceeding from one judge to another in accordance with the needs of the court. If the Panel determines to direct coordination, it shall issue an administrative order identifying the actions that shall be coordinated. (e) Nothing in this rule shall preclude a party from seeking any form of relief otherwise permitted under the Civil Practice Law and Rules. (c) Papers filed to commence an action or special proceeding. 202.25 Objections to applications for special preference (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. Section 202.13 Removal of actions without consent to courts of limited jurisdiction. Prior to approving such allowances, the court shall require written proof of the nature and extent of such services. This section shall be applicable to all contested matrimonial actions and proceedings in Supreme Court authorized by subdivision (2) of Part B of section 236 of the Domestic Relations Law. (f) A petition for the expenditure of the funds of an infant shall comply with CPLR Article 12, and also shall set forth: (1) a full explanation of the purpose of the withdrawal; (2) a sworn statement of the reasonable cost of the proposed expenditure; (4) the date and amounts of the infant's and parents' recovery; (6) the nature of the infant's injuries and present condition; (7) a statement that the family of the infant is financially unable to afford the proposed expenditures; (8) a statement as to previous orders authorizing such expenditures; and. 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. (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. Deputy Chief Administrative Judge for Courts Within New York City Part 20 111 Centre Street, New York, NY 10013 Compliance Conference Order with Certification (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). Section 202.20-j Adherence to the Electronically Stored Information (ESI) Guidelines Set Forth in Appendix Hereto. 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