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. 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). The order shall not provide for attorney's fees in excess of one third of the amount remaining after deduction of the above disbursements unless otherwise specifically authorized by the court. (f) If the matter cannot be resolved, the parties shall set a briefing schedule for the motion which shall be approved by the court. In any other case, the hearing officer, in his or her discretion, may award the petitioner costs in the amount of $25, if he or she deems it appropriate. Added (e)(1)(v) on December 23, 2015Effective March 1, 2016, Amended (a)(1) & added (a)(2) on Dec. 29. (a) Proposed orders or judgments, with proof of service on all parties where the order is directed to be settled or submitted on notice, must be submitted for signature, unless otherwise directed by the court, within 60 days after the signing and filing of the decision directing that the order be settled or submitted. Amended (c)(1) and (c)(2) on Aug. 16, 2004. Section 202.20-b Limitations on Depositions. (1) the named entity must designate one or more officers, directors, members or employees, or other individual(s) who consent to testify on its behalf; (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. The court may permit for good cause shown and in the absence of substantial prejudice, a party to call a witness to testify who was not identified on the witness list submitted by that party. (1) A special proceeding pursuant to title 1-A of Article 7 of the Real Property Tax shall be commenced by a petition in a form in substantial compliance with the forms prescribed by the Chief Administrator of the Courts. If an RJI is filed within the 90-day period following service of the complaint and the case is assigned to a noncommercial part because the filing party did not designate the case as "commercial" on the RJI, any other party may apply by letter application (with a copy to all parties) to the Administrative Judge, within ten days after receipt of a copy of the RJI, for a transfer of the case into the Commercial Division. Tax and Condemnation Part Rules. Amended (h). filed Jan. 9, 1986; amds. The court may appoint an attorney for the infant children, or may direct the parties to file with the court, within 30 days of the conference, a list of suitable attorneys for children for selection by the court. 7. (b) Application for Final Order and Judgment of Registration. (7) The affirmative on the accounting shall be with the assignee; the objections to the account may be presented to the court or designated referee in writing or be brought out on a cross-examination. The affidavit upon which application is made for leave to file a provisional bond must show fully and fairly the nature and extent of the property assigned, and good and sufficient reason must be shown why the schedule and inventory cannot be filed. (i) Upon the filing of an assignment, the court, upon application, may stay any prospective sale or transfer to enforce a lien against property in the custody of the court, whether by a secured creditor, a judgment creditor, a lienor or otherwise. (g) On the face of all notices of motion and orders to show cause, there shall be a statement that there has been compliance with this rule. (c) Where the plaintiff is the original creditor, the plaintiff must submit the AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR. Web(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 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. (f) The individual(s) designated must testify about information known or reasonably available to the entity. 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. (e) For the purposes of subsection (a)(2) of this Rule, the deposition of an entity shall be treated as a single deposition even though more than one person may be designated to testify on the entitys behalf. April 1, 1988. (d) Pretrial Proceedings. (f) The preliminary conference order may provide for such limitations of interrogatories and other discovery as may be necessary to the circumstances of the case. 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. As soon as practicable thereafter, the videotape shall be shown to the witness for examination, unless such showing and examination are waived by the witness and the parties. Amended (a)(1). (a) A party may request a preliminary conference at any time after service of process. (x) the anticipated cost and burden of data recovery and proposed initial allocation of such cost. (f) 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. (d) By agreement of the parties to a date no later than one (1) month prior to the close of fact discovery, or at such time set by the Court, the responding party shall state, for each individual request: (i) whether the production of documents in its possession, custody or control and that are responsive to the individual request, as propounded or modified, is complete; or (ii) that there are no documents in its possession, custody or control that are responsive to the individual request as propounded or modified. time-consuming aspects of litigating a commercial case, the Commercial Division These calendars may include: (1) Preliminary Conference Calendar. (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. filed: March 25, 1987; March 30, 1988; Feb. 13, 1989; April 30, 1999; July 26, 1999 eff. filed Feb. 16, 1988 eff. Section 202.66 Workers' compensation settlements. (i) Orders transferring cases pending in other courts which are subject to the provisions of this section, whether or not such cases are consolidated with cases pending in the court to which transferred, shall contain such provisions as are required to bring the transferred cases into compliance with this rule. HON. COUNTY/CITY OF __________, COUNTY OF ______________ INDEX NO. These shall include a recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those x-ray and technicians' reports which will be offered at the trial, including a description of the injuries, a diagnosis and a prognosis. (2) A copy of any written agreement entered into by the parties relating to financial arrangements or custody or visitation shall be annexed to the statement referred to in paragraph (1) of this subdivision. WebAll matters before Part 48 are governed by the Rules of the Commercial Division, 22 NYCRR 202.70, except as supplemented, modified, and/or superseded by the Part 48 Procedures 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 (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. (a) Applications for approval of compromises of third-party actions pursuant to subdivision 5 of section 29 of the Workers' Compensation Law must include all papers described therein, and a proposed order providing that the appropriate insuring body file an affidavit within a specified time consenting to or opposing the application. Historical Note Such submission shall include a copy for each attorney on trial and the originals in a similar binder or notebook for the witnesses. 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. (d) Requests for adjournments shall be transmitted in writing to the court and to all parties, in such manner as the court may direct, so as to be received no later than 48 hours before the hearing and shall set forth whether the other parties consent to the adjournment. This subdivision shall not apply to a reference to a special referee or a judicial hearing officer or to a reference to a referee in an uncontested matrimonial action. Absent advance permission of the court, reply papers shall not be submitted on orders to show cause. Virtual Evidentiary Hearing or Non-jury Trial. Counsel shall separately identify for the court only a list of the witnesses who may be called solely for rebuttal or with regard to credibility. Hon. April 17, 1998. Rule 25. Counsel for each party then shall question each replacement juror pursuant to the procedure set forth in paragraph (3). (1) A signed copy of the attorney's retainer agreement with the client shall accompany the statement of net worth filed with the court, and the court shall examine the agreement to assure that it conforms to Appellate Division attorney conduct and disciplinary rules. (i) Additional Requirements with Respect to Uncontested Matrimonial Actions. (b) Forms. (c) Notwithstanding the failure of any party to oppose the application, no preference shall be granted by default unless the court finds that the action is entitled to a preference. Usted debe, tan pronto como le sea posible, responder a la demanda presentando una "contestacin." (7) The selection of designated alternate jurors shall take place after the selection of the six jurors. (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. The strike and replace method shall be approved only in those districts where the Chief Administrator, in his or her discretion, has determined that experience with the method in the district has resulted in an efficient and orderly selection process; or. (d) Audit. Information on future court appearances and case developments can be found at the court systems eCourts site (www.nycourts.gov/ecourts). If the parties are unable to agree upon an appropriate form of proposed order, they shall so advise the court so that the court can direct an alternative course of action. In the event that the opponent of a motion for summary judgment fails to provide any counter statement of undisputed facts though required to do so, the court may order compliance and adjourn the motion, may, after notice to the opponent and opportunity to cure, deem the assertions contained in the proponents statement to be admitted for purposes of the motion, or may take such other action as may be just and appropriate. 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. . Nor shall the rule apply to motions to be relieved as counsel, for pro hac vice admission, for reargument or in limine. action. A preliminary conference shall be held within 45 days of assignment of the case to a Commercial Division justice, or as soon thereafter as is practicable. Sept. 3, 1993. No adjournment shall be granted on the ground of engagement of counsel except in accordance with Part 125 of the Rules of the Chief Administrator of the Courts (22 NYCRR Part 125). (c) Notice of Taking Deposition. George Nolan 202.8 Motion procedure Prior to approving such allowances, the court shall require written proof of the nature and extent of such services. 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. There has been compliance with any order issued pursuant to section 202.12 of the Rules of the Chief Administrator (22 NYCRR 202.12). (b) Special Requirements in Personal Injury and Wrongful Death Action. (j) Applicability to Audio Taping of Depositions. (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. PART RULES (updated September 2021) Hon. For purposes of this section: (i) electronic means shall mean any method of transmission of information between computers or other machines, other than facsimile machines, designed for the purpose of sending and receiving such transmissions, and which allows the recipient to reproduce the information transmitted in a tangible medium of expression; (ii) NYSCEF shall mean the New York State Courts Electronic Filing System and the NYSCEF site shall mean the New York State Courts Electronic Filing System website located at www.nycourts.gov/efile; (iii) e-filing, electronic filing and electronically filing shall mean the filing and service of documents in a civil action by electronic means through the NYSCEF site; (iv) an authorized e-filing user shall mean a person who has registered to use e-filing pursuant to subdivision (c) of this section; (v) an action shall include a special proceeding and an e-filed action shall mean an action in which documents are electronically filed and served in accordance with this section; (vi) hard copy shall mean information set forth in paper form; (vii) working copy shall mean a hard copy that is an exact copy of a document that has been electronically filed in accordance with this section; (viii) party or parties shall mean the party or parties to an action or counsel thereto; (ix) unrepresented litigant shall mean a party to an action who is not represented by counsel; (x) expedited processing shall mean the expedited registration of a person as an authorized e-filing user; and. . (e) Nothing in this rule shall preclude a party from seeking any form of relief otherwise permitted under the Civil Practice Law and Rules. (a) When Permitted. The utilization of the requirement to move by order to show cause or notice of motion shall be governed by local part rule. (c) The proposed order of reference, and the actual order of reference, shall indicate whether the reference is one to hear and determine or to hear and report. (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 court may permit for good cause shown and in the absence of substantial prejudice, a party to call a witness to testify who was not identified on the witness list submitted by that party. Pre-Trial Memoranda, Exhibit Book and Requests for Jury Instructions. The Notice shall be mailed to all parties or their attorneys, which must include mailing to the address of the property subject to the mortgage. Each county clerk, and each chief clerk of the Supreme Court. (ii) other sworn statements or affidavits with respect to any fact which is not feasible to controvert in the opposing party's statement of net worth. The court may permit counsel to leave, provided that counsel remain in telephone contact with the court. This open motion report may be used by the justice to assist in the preparation of his or her official quarterly report. filed Sept. 22, 1993 eff. The other party, if he or she has not already done so, shall file with the court a statement complying with paragraph (1) of this subdivision within 20 days of such service. Expert disclosure provided after these dates without good cause will be precluded from use at trial. Adherence to Discovery Schedule, Expert Disclosure. (1) the court reporter or officer is or might not be a notary public in the state where the witness is located; or. (d) The costs and burdens of discovery of ESI shall be proportionate to its benefits, considering the nature of the dispute, the amount in controversy, and the importance of the materials requested to resolving the dispute. The counsel certifying compliance may rely on the word count of the word-processing system used to prepare the document. . Rule 30. (e) Ex parte motions submitted to a judge outside of the county where the underlying action is venued or will be venued shall be referred to the appropriate court in the county of venue unless the judge determines that the urgency of the motion requires immediate determination. The court shall fix a schedule for discovery as to all unresolved issues and, in a noncomplex case, shall schedule a date for trial not later than six months from the date of the conference. (c) The moving party shall serve copies of all affidavits and briefs upon all other parties at the time of service of the notice of motion. (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). (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. Section 202.27-a Proof of Default Judgment in Consumer Credit Matters (Uniform Civil Rules for the Supreme Court and the County Court). (6) The Chief Administrator may provide for such orientation courses, training courses and continuing education courses for persons applying to be hearing officers and for persons serving on hearing officer Panels as the Chief Administrator may deem necessary and desirable. The Coordinating Justice, sua sponteor upon motion by any party, may terminate coordination, in whole or in part, if the Justice determines that coordination has been completed or that the purposes of this section can be best advanced by termination of the coordination. (a) Applications. (b) Calendar Progression. Uncontested matrimonial A copy of such completed form shall also be filed with the note of issue and certificate of readiness. Rule 10. remaining in the case, the elements of each cause of action and the facts needed to (i) identification of potentially relevant types or categories of ESI and the relevant time frame; Rule 21. In order to commence such a special proceeding, the petitioner must be: Checkbooks, stubs, cancelled checks and bank statements of such bank accounts shall be maintained at the office of the receiver or assignee, or his or her attorney, and shall be available for inspection by creditors or parties during business hours. A filing fee of $25 shall be paid at the time of filing, which may be in the form of a check payable to the County Clerk. Division These calendars may include: ( 1 ) and ( c ) ( 1 preliminary! Default Judgment in Consumer Credit Matters ( Uniform Civil Rules for the Supreme court, responder a la demanda una..., Exhibit Book and Requests for Jury Instructions system used new york supreme court part rules prepare the document counsel remain telephone! Any order issued pursuant to section 202.12 of the Supreme court or reasonably available to entity. 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