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Section 202.60 Tax assessment review proceedings in counties within the City of New York; special rules. The Chief Administrator of the Courts may authorize the creation of a program for the appointment of attorneys as special masters in designated courts to preside over conferences and hear and report on applications to the court. (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. (b) The court shall notify all parties of the scheduled conference date, which shall be not more than 45 days from the date the request for judicial intervention is filed unless the court orders otherwise, and a form of a stipulation and order, prescribed by the Chief Administrator of the Courts, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure within 12 months of the filing of the request for judicial intervention for a standard case, or within 15 months of such filing for a complex case. Amended (a)(1). No such party shall be compelled, directly or indirectly, to participate in e-filing. The NYSCEF site shall be considered to be subject to a technical failure on a given day if the site is unable to accept filings or provide access to filed documents continuously or intermittently over the course of any period of time greater than one hour after 12:00 noon of that day. Amended (a). While this rule is intended to streamline the litigation process, it will be ineffectual without the cooperation and participation of litigants. Notwithstanding any other provision hereunder: (1) a party may not use the EDDS to transmit documents in a court action or proceeding in a court in a county in which consensual or mandatory e-filing is available in such an action or proceeding, except that EDDS may be used in such a county for the purpose of (i) converting a pending action to e-filing in accordance with section 202.5-b(2)(iv) of these rules, (ii) transmitting exhibits for a conference, hearing, or trial; or (iii) any other use as may be authorized by the Chief Administrator. Where the court also finds that the respondent has engaged in a repeated pattern of falsely filing financing statements under Subpart one of Part five of Article nine of the Uniform Commercial Code, the court may enjoin the respondent from filing or amending any further financing statement without court leave; and, in such case, where respondent is incarcerated at the time such injunction issues, the court shall cause a copy thereof to be transmitted to the head of the correctional facility in which respondent is incarcerated. (2) Exemption of represented parties.Notwithstanding the foregoing, an attorney or a representative of a property owner designated as such as provided in Real Property Tax Law 730 (small claims assessment filing agent), shall be exempt from having to file and serve documents electronically in accordance with this section upon filing with the County Clerk and the clerk of the court in which the action is or will be pending a form, prescribed by the Chief Administrator, on which the: attorney or small claims assessment filing agent certifies, in good faith that he or she: Forms shall be available at no cost at each County Clerk's office within the City of New York. 8. Adjournments on consent are permitted with the approval of the court for good cause where notice of the request is given to all parties. 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. vi. Counsel shall, prior to or at the conference, submit to the court a writing with respect to any resolutions reached, which the court shall so order if approved and in proper form. 1, 2010, effective nunc pro tunc as of Sep. 1, 2009, _________________Court,________________________County, Name of assigned judge_______________________________________, Name of Assigned Judge _____________________. . Appearance by Counsel with Knowledge and Authority. (iii) Documents requested by the parties shall be limited to those relevant to a claim or defense in the action and shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain. (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. (1) Stipulations of adjournment of the return date made by the parties shall be in writing and shall be submitted to the assigned judge. If you do not respond to the lawsuit, the court may enter a money judgment against you. (2) Unless otherwise directed by the court, each electronically-submitted memorandum of law, affidavit and affirmation, exceeding 4500 words, which was prepared with the use of a computer software program, shall include bookmarks providing a listing of the document's contents and facilitating easy navigation by the reader within the document. No surprise that corporations like Chevron with cases (3) Petitioner. (c) If so ordered, the parties shall submit to the court, before the commencement of trial, trial memoranda which shall be exchanged among counsel. The determination of the Administrative Judge shall be final and subject to no further administrative review or appeal. (a) Every receiver or assignee who, as such, receives any funds shall promptly deposit them in a checking account or in an interest-bearing account, as determined by the court, in a bank or trust company designated by the court. WebSupreme Court Abortion Decision Will Cause More Maternal Deaths and Greater Economic Hardship. (d) Training. Depositions of Entities; Identification of Matters. eff. Applications for extension of a discovery deadline shall be made as soon as practicable and prior to the expiration of such deadline. (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. (b) Should counsel wish to proceed with a settlement conference before a justice other than the justice assigned to the case, counsel may jointly request that the assigned justice grant such a separate settlement conference. Attach proof of service of this notice upon all other parties to the action. Rule 23. In addition to satisfying the requirements of paragraphs (1), (2), Section 202.35 Submission of papers for trial. (a) Within 20 days after the papers described in section 1704 of the Uniform Justice Court Act or section 1704 of the Uniform City Court Act have been filed with the County Court, appellants shall notice the appeal for the next term or special term of County Court by filing with the clerk of the County Court, not less than 14 days prior to the date for which the appeal has been noticed, a notice of argument and a brief or statement of contentions with proof of service of a copy of each upon respondent. (iii) Emergency exception; other hard copy filings. Procedures for questioning, challenging and selecting jurors authorized by (d) In actions where the cause of death is in issue, each party shall serve upon all other parties copies of the reports of all treating and examining medical providers whose testimony will be offered at the trial, complying with the requirements of paragraph (b)(1) of this section, and the party seeking to recover shall deliver to all other parties authorizations to examine and obtain copies of all hospital records, autopsy or post-mortem reports, and such other records as provided in paragraph (b)(2) of this section. Amended (b)(2), (b)(4), (e)(4), (f)(3), & (f)(4) on May 24,2013. (d) The preliminary conference will result in the issuance by the court of a preliminary conference order. Notwithstanding paragraph (1) of this subdivision, an action otherwise required to be commenced electronically may or shall be commenced by the filing of initiating documents in hard copy where permitted or required by statute or court order, and may be so commenced provided such documents are accompanied by the affirmation or affidavit of the filing attorney or party stating that: (i) the statute of limitations will expire on the day the documents are being filed or on the following business day; and (ii) the attorney, party or filing agent therefor is unable to electronically file such documents because of technical problems with his or her computer equipment or Internet connection. (2) Counsel first shall ask questions generally to the prospective jurors as a group to determine whether any prospective juror has knowledge of the subject matter, the parties, their attorneys or the prospective witnesses. Applications for extension of a discovery deadline shall be made as soon as practicable and prior to the expiration of such deadline. (a) There shall be compliance with the procedures prescribed in the CPLR for the bringing of motions. (c) By agreement of the parties to a date no later than the date set for the commencement of depositions, or at such time set by the Court, a date certain shall be fixed for the completion of document production by the responding party. The proposed order in such cases may provide for deduction of the following disbursements from the settlement: (5) service of summons and complaint and of subpoenas; (6) expert's fees, including analysis of materials; and. (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. 202.52 Deposit of funds by receivers and assignees The transcript, corrected if necessary on motion or by stipulation of the parties approved by the court, shall have the force and effect of an order of the court. Exchange of medical reports in pers. The timeframes must be complied with unless otherwise shortened or extended by the court depending upon the circumstances of the case. (b) In order for the court to be able to address any and all matters of concern to the court and in order for the court to avoid the appearance of holding ex parte communications with one or more parties in the case, even those parties who believe that they are not directly involved in the matter before the court must appear at the appointed date and time assigned by the court unless specifically excused by the court. Historical Note All such exhibits must contain exhibit tabs. WebTaschenbuch (Buch mit Softcover und geklebtem Rcken) "Compendium of Costs, Fees and Taxes in the State of New York: as Provided by the Revised Statutes (Banks & Bros. 9th Ed.) (h) Consistent with CPLR 3126, a party should take reasonable steps to preserve ESI that it has a duty to preserve. The Chief Administrator of the Courts, in consultation with the Presiding Justice of each Appellate Division, shall create a Litigation Coordinating Panel composed of one justice of the Supreme Court from each judicial department of the State. demand has not been made for arbitration. 2. Court . The proponent, after causing the videotape to be edited in accordance with the court's instructions, may cause both the original videotape recording and the deleted version of the recording, clearly identified, to be filed with the clerk of the trial court, and shall do so at the request of any party. (7) Exhibits and other documents in hard copy. (b) Pre-Voir Dire Settlement Conference. All sales of real estate or an interest therein, made pursuant to a judgment, decree or order, or by an officer of the court under its direction, shall be made pursuant to section 231 of the Real Property Actions and Proceedings Law, after notice as prescribed in that section. The waiver, which shall recite that medical reports have been exchanged and that all parties waive further physical examination, shall be filed with the note of issue. If the parties need to make a record, they will still have the opportunity to submit a formal motion. A document other than an order or judgment is filed when its electronic transmission or, in the case of a petition that is e-filed by submission of a text file as provided in subdivision (b)(1) of this section, the electronic transmission of the text file is recorded at that site, provided, however, that where payment of a fee is required upon the filing of a document, the document is not filed until transmission of the document and the information or form or information as required in (i), (ii) or (iii) of paragraph (2) of this subdivision has been recorded at the NYSCEF site; or, if no transmission of that information or form or information is recorded, where permitted by the County Clerk, until payment is presented to the County Clerk. There is no Settlement Agreement entered between the parties; and it is further These papers shall include: (i) statements of net worth, which also shall be filed with the court no later than 10 days prior to the preliminary conference; (ii) all paycheck stubs for the current calendar year and the last paycheck stub for the immediately preceding calendar year; (iii) all filed State and Federal income tax returns for the previous three years, including both personal returns and returns filed on behalf of any partnership or closely held corporation of which the party is a partner or shareholder; (iv) all W-2 wage and tax statements, 1099 forms, and K-1 forms for any year in the past three years in which the party did not file State and Federal income tax returns; (v) all statements of accounts received during the past three years from each financial institution in which the party has maintained any account in which cash or securities are held; (vi) the statements immediately preceding and following the date of commencement of the matrimonial action pertaining to: (a) any policy of life insurance having a cash or dividend surrender value; and. WebThe Judges' Part Rules online is updated daily to provide the most current information available. Immediate Trial or Pre-Trial Evidentiary Hearing. (h) Unless an order to the contrary is made, or unless the judge presiding at the trial in the interests of justice and upon a showing of good cause shall hold otherwise, the party seeking to recover damages shall be precluded at the trial from offering in evidence any part of the hospital records and all other records, including autopsy or post-mortem records, x-ray reports or reports of other technicians, not made available pursuant to this rule, and no party shall be permitted to offer any evidence of injuries or conditions not set forth or put in issue in the respective medical reports previously exchanged, nor will the court hear the testimony of any treating or examining medical providers whose medical reports have not been served as provided by this rule. (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. Witnesses are to be scheduled so that trials proceed without interruption. (f) Where the motion relates to disclosure or to a bill of particulars, and a preliminary conference has not been held, the court shall notify all parties of a scheduled date to appear for a preliminary conference, which shall be not more than 45 days from the return date of the motion unless the court orders otherwise, and a form of a stipulation and order, prescribed by the Chief Administrator of the Courts, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure within 12 months, and for a resolution of any other issues raised by the motion. (4) Except as otherwise provided by law, every notice or citation, subpoena, and all process shall issue out of the court under seal and be attested by the clerk. (e) Nothing contained herein is intended to conflict with a party's obligation to supplement its disclosure obligations pursuant to CPLR 3101(h). (b) The court may further direct, if a defendant filed a motion to dismiss and the court dismissed some but not all of the causes of action, plaintiff and counterclaim (b) If a party seeks documents from an adverse party as a condition precedent to a deposition of such party and the documents are not produced by the date fixed, the party seeking disclosure may ask the court to preclude the non-producing party from introducing such demanded documents at trial. (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. (f) Whenever the patient, or a person on behalf of the patient, or the director requests a court hearing, at least five days notice, if notice is given personally or by delivery at the home of the person receiving notice, or eight days notice, if notice is given by mail, excluding Sundays and holidays, of the date and place of the hearing, shall be given to the patient and any person requesting the hearing. 202.20 Interrogatories. This subdivision shall not be applicable to orders to show cause or motions in special proceedings brought under Article 7 of the Real Property Actions and Proceedings Law, nor to orders to show cause or motions requesting an order of protection under section 240 of the Domestic Relations Law, unless otherwise ordered by the court. Information on Cases. Jan. 2, 2003. In advance of an immediate trial or evidentiary hearing, the parties may request, if necessary, that the court direct limited expedited discovery targeting the factual issue to be tried. directors and officers, errors and omissions, and business interruption coverage); (11) Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures -- without consideration of the monetary threshold; and. (ii) to deny the motion without prejudice to renewal upon compliance with the provisions of this section. See Section 202.8-e. Such title part or assigned judge is hereinafter denominated as the appropriate part or judge in this section. Papers shall be double-spaced and contain print no smaller than twelve-point, or 8 x 11 inch paper, bearing margins no smaller than one inch. (g) Procedures for questioning, challenging and selecting jurors authorized by section 202.33 of the Rules of the Chief Administrator of the Courts. Adherence to Discovery Schedule, Expert Disclosure. . . Martha L. Luft Part 50. . (5) Counsel shall exercise peremptory challenges outside of the presence of the Panel of prospective jurors. (o) Omission or Redaction of Confidential Personal Information from Matrimonial Decisions. . (b) Commencement of Small Claims Tax Assessment Review Proceeding. Historical Note (e) Parties relying solely on hospital records may so certify in lieu of serving medical providers' reports. . filed Jan. 9, 1986; amds. (c) Copies of the reports of the medical providers making examinations pursuant to this section shall be served on all other parties within 45 days after completion of the examination. Except as provided in subdivision (e) below, failure to file an RJI pursuant to this subdivision precludes a party from seeking assignment of the case to the Commercial Division. A preliminary conference calendar is for the calendaring for conference of cases in which a note of issue and certificate of readiness have not yet been filed. A part of court is a designated unit of the court in which specified business of the court is to be conducted by a judge or quasi- judicial officer. Not later than four business days after receiving such a letter, any affected opposing party or non-party shall submit a responsive letter not exceeding three single-spaced pages. Section 202.8-g Motions for Summary Judgment; Statements of Material Facts. Disclosure Disputes. The provisions of this Part shall be construed consistent with the Civil Practice Law and Rules (CPLR), and matters not covered by these provisions shall be governed by the CPLR. (a) Papers and correspondence by fax. Effective February 1, 2021, significant amendments were made to the Uniform Rules for the Trial Courts, 22 N.Y.C.R.R. Discovery of Electronically Stored Information. (ii) With respect to property not in the custody of the court, possession having been acquired by the secured creditor, judgment creditor or lienor, the assignee may, upon notice to the adverse party, apply to the court where such assignment proceedings are pending to enjoin any prospective sale and to permit the assignee to conduct the sale, whether private or a public auction, upon such terms and conditions as in its discretion will not prejudice the interest of the secured party and yet preserve the interest of the assigned estate by affording the assignee an opportunity to liquidate the assets under the most favorable terms and conditions. 10. 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. Sec. (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. The following procedures shall govern all disclosure conferences conducted by non-judicial personnel. (2) depositions shall be limited to 7 hours per deponent. (f) The court may, upon oral or letter application on notice to all parties permit the submission of affidavits, affirmations, briefs or memoranda which exceed the limitations set forth above. (b) Upon the trial of an action, a copy of any statutory provision in effect at the time the cause of action arose shall be submitted to the court by the party who intends to rely upon such statute. For purposes of this section, such an action shall be deemed to have been commenced electronically. This is a motion for or related to interim maintenance or child support . The proponent of the videotaped deposition shall have the responsibility of providing whatever equipment and personnel may be necessary for presenting such videotape deposition. A. Actions may be removed to courts of limited jurisdiction without consent pursuant to the provisions of CPLR 325(d) as follows: (a) from the Supreme Court in counties within the First, Second, Eleventh and Twelfth Judicial Districts to the Civil Court of the City of New York; (b) from the Supreme Court in counties within the Ninth Judicial District to county and city courts within such counties; (c) from the Supreme Court in counties within the Tenth Judicial District to county courts within such counties; (d) from the Supreme Court in counties within the Third Judicial Department to county and city courts within such counties; (e) from the Supreme Court in counties within the Fourth Judicial Department to county and city courts within such counties; (f) from the County Court of Broome County to the City Court of Binghamton; (g) from the County Court of Albany County to the City Court of Albany; (h) from the Supreme Court and County Court of Nassau County to the District Court of Nassau County and to the city courts within such county; and. 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