(d) All appraisals of fixtures submitted on behalf of the claimants and the condemnor for which claim is made shall be filed and distributed as provided by these rules with respect to appraisal reports and shall set forth the appraisal value of each item in the same numerical order as in the inventory annexed to the claim. (iv) Are the cost and burden of preserving and producing ESI proportionate to the amount in controversy; and Prior to Trial, counsel shall confer in a good faith effort to identify matters not in contention, resolve disputed questions without need for court intervention and further discuss settlement of the case. (a) Form of Motion Papers. (iii) Documents previously filed with the court; termination or modification of e-filing procedures. (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. Historical Note (g) Justification of Sureties. These forms shall be accepted by the Court for obtaining an uncontested divorce, and no other forms shall be necessary. There shall be no adjournment of a trial except for good cause shown. (4) The report of the referee shall show all the jurisdictional facts necessary to confer power on the court, such as the proper execution and acknowledgment of the assignment, its recording, the filing of the schedule and bond, the publication and mailing of notice to creditors to present claims, the filing of the assignee's account, the issuance and service of notice of application for settlement of the account, and, where any items in the account of the assignee are disallowed, the same shall be fully set out in the report, together with the reason therefor. Notice of the preliminary conference date will be sent by the court at least five days prior thereto. (b) Submission of Papers to Judge. 202.20-g Rulings at Disclosure Conferences. (c) Consultation Regarding Expert Testimony. (4) Application to amend the schedule shall be made by verified petition in which the amendment sought to be made shall appear in full, and such amendment shall be verified in the same manner as the original schedule. May 26, 1998. The order may address actions subsequently filed or not otherwise then before the Panel. The plaintiff shall be required to affirm in its affidavit of facts that the debt was purchased from the original creditor before October 1, 2014 and attach proof of that fact. 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. Auf engelsk. Amended (a)-(e); added (f)-(g). Lynn Kotler, J.S.C. (1) Any party to a tax assessment review proceeding may demand, by application served on all other parties and filed with the court, together with proof of such service, a preliminary conference, or the court on its own motion may direct a preliminary conference. . It is important that counsels discovery requests, Topics on which the parties cannot agree shall be addressed with the court at the preliminary conference. Section 202.46 Damages, inquest after default; proof. (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. (c) The matters to be considered at the preliminary conference shall include: (1) simplification and limitation of factual and legal issues, where appropriate; (2) establishment of a timetable for the completion of all disclosure proceedings, provided that all such procedures must be completed within the timeframes set forth in subdivision (b) of this section, unless otherwise shortened or extended by the court depending upon the circumstances of the case; (3) Where the court deems appropriate, it may establish the method and scope of any electronic discovery. (3) Filing and receipt of documents; notification. (b) The petition or affidavit in support of the application also shall set forth the total amount of the charge incurred for each doctor and hospital in the treatment and care of the infant, or incapacitated person and the amount remaining unpaid to each doctor and hospital for such treatment and care. At the pretrial conference, the judge shall take whatever action is warranted to expedite final disposition of the proceedings, including, but not limited to: (i) directing the parties to obtain appraisals and sales reports, and to exchange and file appraisal reports and sales reports by dates certain before the trial, provided that if the court dispenses with a pretrial conference, such exchange and filings shall be accomplished at least 10 days before trial; (ii) fixing a date for trial, or by which the parties must be ready for trial; (iv) conducting conferences for the purpose of facilitating settlement; and. Tax assessment review proceedings in counties within the NYC, Exchange of appraisal reports in eminent domain proceedings, Payment of eminent domain award to other than named award. Rule 14-a. In counties in which electronic filing is authorized by the Chief Administrator, the petition may or shall be filed electronically through the New York State Courts Electronic Filing System ("NYSCEF") within the deadline set forth above. The following procedures shall govern all disclosure conferences conducted by non-judicial personnel. (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. (h) Motions in actions to which this section is applicable made after the preliminary conference has been scheduled, may be denied unless there is shown good cause why such relief is warranted before the preliminary conference is held. . Section 202.16 Application of Part 202 and Section 202.16. Acknowledging that discovery is one of the most expensive, (1) In original creditor actions, the affidavit set forth in subsection (c), effective October 1, 2014. Failure of counsel to provide such notification will be deemed a waiver of any application to adjourn the trial because of the unavailability of a witness. If there is no such part, petitions shall be returnable before the judge is assigned. (e) If the matter can be resolved during the conference, an order consistent with such resolution may be issued or counsel will be directed to forward a letter confirming the resolution to be "so ordered." In such case the proponent may cause both the original videotape recording and a marked version of that recording, each clearly identified, to be filed with the clerk of the trial court, and shall do so at the request of any party. (5) Procedures applicable to e-filing attorneys and other persons. No paper shall be removed from the files of the court except by order of the court. Amended (i). 202.63 Assignment for benefit of creditors The print size of footnotes shall be no smaller than 10 point. Should that effort fail, counsel shall immediately bring the problem to the attention of the assigned trial judge, the Trial Assignment Part judge or any other designated judge. Parties which use these sample provisions must satisfy all jurisdictional, procedural, and other requirements of the courts specified in the provisions. Amended (a)(1). Where an objection to a portion of a direct testimony affidavit is sustained, the court may direct that such portion be stricken. (1) Part 202 shall be applicable to civil actions and proceedings in the Supreme Court, including, but not limited to, matrimonial actions and proceedings, except as otherwise provided in this section 202.16 and in sections 202.16-a, 202.16-b, and 202.18, which sections shall control in the event of conflict. (a) Trial Judge. Amended (f)(1). (6) The notice of motion submitted with any motion for or related to interim maintenance or child support shall contain a notation indicating the nature of the motion. PART RULES (updated September 2021) Hon. 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. (d) The preliminary conference will result in the issuance by the court of a preliminary conference order. (2) Any party aggrieved by a transfer of a case to a non-commercial part may seek review by letter application (with a copy to all parties) to the Administrative Judge within ten days of receipt of the designation of the case to a non-commercial part. (1) The court may appoint a referee to take and state any contested account or to hear and report on any issue of fact raised in an application to the court by any interested party. Non-compliance with such an order may result in the imposition of an appropriate sanction against that party pursuant to CPLR 3126. Added 202.16b on May 22 effective July 1, 2017, Amended 202.16-b on June 13, 2022, effective effective July 1, 2022. Documents in a foreign language shall be properly translated. (5) the right to discovery, except to such discovery as the parties might otherwise agree or as follows: (i) There shall be no more than seven (7) interrogatories and five (5) requests to admit; (ii) Absent a showing of good cause, there shall be no more than seven (7) discovery depositions per side with no deposition to exceed seven (7) hours in length. (c) During discovery, interrogatories other than those seeking information described in paragraph (b) above may only be served (1) if the parties consent, or (2) if ordered by the court for good cause shown. The trial judge shall determine whether supervision of the voir dire should continue after the voir dire has commenced and, in his or her discretion, preside over part of or all of the remainder of the voir dire. (3) The papers in each proceeding shall be kept in a separate file, as required by section 18 of the Debtor and Creditor Law. Part 41, Hon. Counsel or parties are required to confirm all adjournment requests prior filed Jan. 9, 1986; amds. Amended (b). section. (5) In subsequent rounds, the first exercise of peremptory challenges shall alternate from side to side. (c) The video technology used must enable: i. a party and the partys counsel to communicate confidentially; a verbatim record of the trial; and (d) County Clerk and Clerk of Court Not to Accept Hard Copies of Documents for Filing Where Electronic Filing Is Required. Section 202.8-g Motions for Summary Judgment; Statements of Material Facts. (2) Notification; service of notice of entry by parties. Such notification shall provide the title of the document received, the date received, and the names of those appearing on the list of e-mail service addresses to whom that notification is being sent. (2) The assignee's attorney shall file a written notice of appearance as soon as possible, but not later than 10 days after being retained. Witnesses are to be scheduled so that trials proceed without interruption. When an action becomes subject to e-filing, the court may direct that documents previously filed in the action in hard copy be filed electronically by the parties. The court shall impose such conditions as may be just, including the assessment of costs. (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. Section 202.59 Tax assessment review proceedings in counties outside the City of New York; special rules. (b) The following shall apply to a special proceeding governed by this section: (1) Venue. (3) No later than 60 days before the date fixed for completion of discovery, a compliance conference shall be held to monitor the progress of discovery, explore potential settlement, and set a deadline for the filing of the note of issue. section 202.33 of the Rules of the Chief Administrator of the Courts. Article 78 is the article of the Civil Practice Law and Rules (CPLR), which establishes the procedure for challenging the determinations of administrative agencies, Plaintiff's exhibits shall be numerically tabbed, and defendant's exhibits shall be tabbed alphabetically. Regardless of whether the papers are filed electronically or in hard copy or as working copies, counsel must submit as part of the motion papers copies of all pleadings and other documents as required by the CPLR and as necessary for an informed decision on the motion (especially on motions pursuant to CPLR 3211 and 3212). (a) This rule is applicable to all actions, except to class actions brought under Article 9 of the CPLR, in which the court by written consent of the parties is authorized to apply the accelerated adjudication procedures of the Commercial Division of the Supreme Court. If that number is less than the total number of jurors to be selected (including alternates, where non-designated alternates are being used) plus the maximum number of peremptory challenges allowed by the court or by statute that may be exercised by the parties (such sum shall be referred to as the "jury Panel number"), additional prospective jurors shall be added until the number of prospective jurors not subject to challenge for cause equals or exceeds the jury Panel number. Resched. (3) if the named entity, pursuant to subsection (d)(1) of this Rule, cross-designates more than one individual, it must set out the matters on which each individual will testify. (k) The provisions of this section shall apply to preliminary conferences required in matrimonial actions and actions based upon a separation agreement, in medical malpractice actions, and in real property tax assessment review proceedings within the City of New York, only to the extent that these provisions are not inconsistent with the provisions of sections 202.16, 202.56 and 202.60 of this Part, respectively. Parties and nonparties should adhere to the Electronically Stored Information (ESI) guidelines set forth in Appendix hereto. (3) Submissions to the neutral conducting the MSC. (i) When documents are filed. 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. Added (c)(6). Additionally, counsel for all parties may stipulate to having the case determined by a summary jury trial pursuant to any applicable local rules or, in the absence of a controlling local rule, with permission of the court. (i) Albany County; or, (ii) the County of the petitioners residence; or. (d) Responsible Attorney. (check box if applicable). If an audit is requested and the petitioner fails to furnish its books and records within a reasonable time after receipt of the request, or otherwise unreasonably impedes or delays the audit, the court, on motion of the respondent, may dismiss the petition or petitions or make such other order as the interest of justice requires. Where a new trial is granted by an appellate court, a notice to reschedule shall be filed with the appropriate clerk. . 202.41 [Reserved] 202.51 Proof required in dissolution proceedings The court may rule on the total number of trial hours which the court will permit for each party. . (e) Receivers shall file with the court an accounting at least once each year. The petition may be filed with the County Clerk by ordinary mail if mailed within the 30-day time period, or in the City of New York, if mailed prior to the 25th day of October, as evidenced by the postmark. (a) There shall be compliance with the procedures prescribed in the CPLR for the bringing of motions. The filing of a consent to e-filing hereunder shall not constitute an appearance in the action under CPLR 320. (c) Additional rules. 202.5-a Filing by electronic transmission (c) Special Master. If, for any reason, counsel are not prepared to proceed on the scheduled date, the court is to be notified within ten days of the date on which counsel are given the trial date or, in extraordinary circumstances, as soon as reasonably practicable. No proposed order should be submitted with motion papers on a dispositive motion. 202.5-bb. Where an objection to a portion of a direct testimony affidavit is sustained, the court may direct that such portion be stricken. (3) Except as set forth in paragraph four of this subsection, the affidavits set forth in subsection (d) shall not be required in debt buyer actions involving debt purchased from an original creditor before October 1, 2014. (b) Where a bifurcated trial is ordered, the issues of liability and damages shall be severed and the issue of liability shall be tried first, unless the court orders otherwise. The court presiding over a non-jury trial or hearing may direct that prior, or during, the trial or hearing, counsel for the parties consult in good faith to identify those aspects of their respective experts' anticipated testimony that are not in dispute. (a) Counsel who appear in the Commercial Division must be fully familiar with the case in regard to which they appear and fully authorized to enter into agreements, both substantive and procedural, on behalf of their clients. (b) Unless otherwise ordered by the court, interrogatories are limited to the following topics: name of witnesses with knowledge of information material and necessary to the subject matter of the action, computation of each category of damage alleged, and the existence, custodian, location and general description of material and necessary documents, including pertinent insurance agreements, and other physical evidence. (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. (iv) in a tax certiorari action in which the parties have stipulated to this procedure, it is an initiating document that is electronically filed without the signature of the signatory in a form provided above in this subparagraph, provided that, prior to filing, the document is signed in full in hard copy (which hard copy must be preserved until the conclusion of all proceedings, including appeals, in the case in which it is filed); (v) in a small claims assessment review proceeding, it is a petition recorded by the NYSCEF site upon the filing of a text file as provided in subdivision (b)(1) of this section, provided that prior to filing, the document was signed in full in hard copy (which hard copy must be preserved until the conclusion of all proceedings in the matter, including article 78 review and any appeals, and must be made available during the proceeding upon request of the respondent or the court); or. (c) Every brief, memorandum, affirmation, and affidavit which was prepared by use of a computer shall include on a page attached to the end of the applicable document, a certification by the counsel who has filed the document setting forth the number of words in the document and certifying that the document complies with the word count limit. The sheets on which such schedule and inventory are written shall be securely fastened before the filing thereof and shall be endorsed with the full name of the assignor and assignee; and when filed by an attorney, the name and address of such attorney shall also be endorsed thereon. WebPart 51. documents, photos, and other things that are delivered to the court to be delivered to the remote participants; (2) Unless otherwise expressly provided by any provision of the CPLR or other statute, and in addition to the requirements of 22 NYCRR 202.16 (k) where applicable, the following rules and limitations are required for the submission of papers in all applications (including post judgment applications) for alimony, maintenance, counsel fees, child support, exclusive occupancy, custody and visitation unless said requirements are waived by the judge for good cause shown: (i) Applications that are deemed an emergency must comply with 22 NYCRR202.8 (e) and provide for notice, where applicable, in accordance with same. A. 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. Any such motion shall be determined within 30 days after the motion is submitted for decision. 202.62 Payment of eminent domain award to other than named award (3) Where parties are represented by counsel, only attorneys fully familiar with the action and authorized to make binding stipulations or commitments, or accompanied by a person empowered to act on behalf of the party represented, shall appear at the conference. 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