new york supreme court part rules

No surprise that corporations like Chevron with cases (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 . (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. (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. Section 202.63 Assignment for benefit of creditors. Added Sept. 15, 2014, eff. Improving the process of litigation by instituting staggered court appearances, for example, requires not only the promulgation of rules such as this one, but also, and more importantly, the proactive and earnest adherence to such rules by parties and their counsel and the court. An adjournment of a conference will not change any date in any court order, including but not limited to the preliminary conference order, unless otherwise directed by the court. OR The Coordinating Justice shall have authority to make any order consistent with this section and its purposes, including to remand to the court of origin any portion of a case not properly subject to coordination under the administrative order of the Panel; assign a master caption; create a central case file and docket; establish a service list; periodically issue case management orders after consultation with counsel; appoint and define the roles of steering committees and counsel of parties and liaison counsel, provided that the committees and counsel shall not deprive any party of substantive rights; issue protective orders pursuant to Article 31 of the Civil Practice Law and Rules; establish a document depository; direct the parties to prepare coordinated pleadings and deem service upon liaison counsel or steering committee service upon the respective parties; require service of uniform requests for disclosure and establish a uniform method for the conduct of physical and mental examination; rule upon all motions; require the parties to participate in settlement discussions and court-annexed alternative dispute resolution; and try any part of any coordinated case on consent of the parties to that action. (c) Filing and Service of Documents After Commencement in Actions Under this Section. All applications to the court after a certificate of registration of title has been issued under the provisions of the law must be made at the appropriate part or before the appropriate assigned judge hereinbefore designated upon 20 days's notice to all persons interested in the said application. (a) Parties and nonparties should consult the Commercial Divisions Guidelines for Discovery of Electronically Stored Information (ESI) (the ESI Guidelines), which can be found in Appendix A to these Rules of the Commercial Division. 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. 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. (2) The clerk promptly shall mail to the defendant the envelope containing the additional notice set forth in paragraph (1). (c) On the return of the application, the court may hear the matter forthwith or schedule the matter for later hearing if affidavits in opposition to the compromise show that the amount is grossly inadequate in view of the injuries involved, the potential monetary recovery against the third party and the possible exposure of the insuring body to future claims by the plaintiff- petitioner arising out of the same accident. 202.7 Calendaring of motions; uniform notice of motion form; . Length of 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. Uniform Civil Rules For The Supreme Court & The County Court, Amended (b)(2)(ii)-(iv), (d)(1)-(7), (f)(2)(i)-(ii), (g), (h)(1)-(h)(2), (k)(2), (l) on, Amended Rule 1, 8, 9, 11-c, 11-e, 11-g, and Appendices on, Uniform Rules for N.Y. State Trial Courts, 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction, 202 - Uniform Civil Rules For The Supreme Court And The County Court, 206 - Uniform Rules For The Court Of Claims, 207 - Uniform Rules For The Surrogate's Court, 208 - Uniform Civil Rules For The New York City Civil Court, 210 - Uniform Civil Rules For The City Courts Outside The City Of New York, 212 - Uniform Civil Rules For The District Courts, 214 - Uniform Civil Rules For The Justice Courts, 216 - Sealing Of Court Records In Civil Actions In The Trial Courts, 217 - Access To Court Interpreter Services for Persons With Limited English Proficiency, 218 - Uniform Rules For The Trial Courts In Capital Cases, 220 - Uniform Rules For Jury Selection And Deliberation Subpart, 221 - Uniform Rules For The Conduct Of Depositions. If the request is granted, the assigned justice shall make appropriate arrangements for the designation of a settlement judge.. (iii) Length of Papers: Parties shall comply with the word limitations in subsections (a)-(f) of 22 NYCRR 202.8(b) as amended. All exhibits not consented to shall be marked for identification only. Sec. (4) The party opposing any motion shall be deemed to have admitted, for the purpose of the motion but not otherwise, such facts set forth in the moving party's statement of net worth as are not controverted in: (i) a statement of net worth, in the official form prescribed by this section, completed and sworn to by the opposing party, and made a part of the answering papers; or. Section 202.21 Note of issue and certificate of readiness. Foreclosure Rules, Hon. _________, Contract (a) Any complainant, respondent or other person aggrieved by any order of the State Commissioner of Human Rights or the State Division of Human Rights may obtain judicial review of such order by commencing a special proceeding, within 60 days after service of the order, in the Supreme Court in the county where the alleged discriminatory practice which is the subject of the order occurred or where any person required by the order to cease and desist from an unlawful discriminatory practice or to take other affirmative action resides or transacts business. Respondent's papers shall be filed with the judge of the County Court within 12 days after service of appellant's brief or statement of contentions, with proof of service of a copy upon appellant. Interrogatories are limited to 25 in number, including subparts, unless the parties agree or the court orders otherwise. The following procedures shall govern all disclosure conferences conducted by non-judicial personnel. Jan. 24, 2002. . 9. Where all issues have been disposed of, any party, upon eight days' notice to all who have appeared in the proceeding, may apply for the final order and judgment of registration at the appropriate part or before the appropriate assigned judge. filed: Feb. 16, 1988; May 9, 1994 eff. (3) The appraisal reports shall contain a statement of the method of appraisal relied on and the conclusions as to value reached by the expert, together with the facts, figures and calculations by which the conclusions were reached. 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. (ii) The summons, complaint, petition, or judgment sought to be filed with the County Clerk contains an "et al" or otherwise does not contain a full caption; filed Aug. 4, 1998 eff. 202.10 Appearance at Conferences Counsel may exercise challenges for cause at this time. (6) All parties are required to appear at the hearing. (3) Neither party shall incur unreasonable debts hereafter, including but not limited to further borrowing against any credit line secured by the family residence, further encumbrancing any assets, or unreasonably using credit cards or cash advances against credit cards, except in the usual course of business or for customary or usual household expenses, or for reasonable attorney's fees in connection with this action. 202.12 Preliminary conference (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. In any action subject to e-filing, parties and non-parties producing materials in response to discovery demands may enter into a stipulation, which shall be e-filed, authorizing the electronic filing of discovery responses and discovery materials to the degree and upon terms and conditions set forth in the stipulation. Part 12c, Hon. Historical Note If plaintiff fails to make the motion, the defendant shall so move within 30 days after notice of such filing was given. filed Jan. 9, 1986; amd. (b) Waiver. If a judicial hearing officer has heard and determined a proceeding under the section, any application for judicial relief may not be heard by a judicial hearing officer, except upon consent of the parties. (1) Except where otherwise required by statute, all documents filed and served in Supreme Court shall be filed and served by electronic means in such classes of actions and such counties as shall be specified by order of the Chief Administrator of the Courts and only to the extent and in the manner prescribed in this section. . (l) Public view of documents containing social security numbers. The County Clerk shall require the payment of any applicable statutory fees, or an order of the Court waiving payment of such fees, before accepting a paper for filing. The court may order in any case that the money be deposited or invested pursuant to CPLR 1206(c) or held for the use and benefit of the infant, or incapacitated person as provided in CPLR 1206(d) and CPLR 1210(d). Rule 14. Calendaring of motions; uniform notice of motion form; . With respect to other issues before the court, to the extent feasible, trial should proceed from day to day to conclusion. Failure to file with the court a report in conformance with these requirements may, in the court's discretion, preclude the use of the expert. 202.43 Ref. Any representative participating in the conference, whether in person, telephonically or by video conference, shall be fully authorized to dispose of the case, as required by CPLR Rule 3408(c). (1) Each party shall exchange a statement setting forth the following: (i) the assets claimed to be marital property; (ii) the assets claimed to be separate property; (iii) an allocation of debts or liabilities to specific marital or separate assets, where appropriate; (iv) the amount requested for maintenance, indicating and elaborating upon the statutory factors forming the basis for the maintenance request; (v) the proposal for equitable distribution, where appropriate, indicating and elaborating upon the statutory factors forming the basis for the proposed distribution; (vi) the proposal for a distributive award, if requested, including a showing of the need for a distributive award; (vii) the proposed plan for child support, indicating and elaborating upon the statutory factors upon which the proposal is based; and. If no demand for a jury trial is made, it shall constitute a waiver by all parties and the action or special proceeding shall be scheduled for nonjury trial. (d) The affidavit of the attorney for a plaintiff, in addition to complying with CPLR 1208, must show compliance with the requirements for filing a retainer statement and recite the number assigned by the Office of Court Administration, or show that such requirements do not apply. (d) Nothing contained herein is intended to conflict with a partys obligation to supplement its disclosure obligations pursuant to CPLR 3101(h). (c) If the notice or subpoena to an entity does not identify a particular officer, director, member or employee of the entity, but elects to set forth the matters for examination as contemplated in section (b) of this Rule, then no later than ten days prior to the scheduled deposition: (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; (2) such designation must include the identity, description or title of such individual(s); and. 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. Amended section title, (b); repealed (c)-(g). If, where permitted, payment is submitted after the initiating documents have been transmitted electronically, the County Clerk shall assign the number upon presentation of that payment. Envelope containing the additional notice set forth in paragraph ( 1 ) )... Including subparts, unless the parties agree or the court orders otherwise notice of form. Social security numbers the envelope containing the additional notice set forth in paragraph ( 1 ) (... 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new york supreme court part rules