Upon replacement of a prospective juror removed for cause, questioning shall revert to the plaintiff. filed Jan. 9, 1986; repealed, new filed April 26, 1993 eff. (2) Notification; service of notice of entry by parties. Proof of such mailing shall be required on the application for a final decree passing the accounts of the receiver unless proof is furnished that personal service of such notice or copy of advertisement has been made upon the creditors. Except as otherwise provided in section 202.5-bb of these rules, the following shall apply to all actions in Supreme Court: (1) Commencing an action by electronic means. (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. The court will rule upon the objections to the contested exhibits at the earliest possible time. This type of arrangement is usually used during a period of a parent's absence due to work, military deployment, illness, or education. (h) This Rule does not preclude a deposition by any other procedure allowed by the CPLR. Upon such sale, the assignee shall sell by printed catalogue, in parcels, and shall file a copy of such catalogue, with the prices obtained for the goods sold, within 20 days after the date of such sale. Such means may include technology-assisted review, including predictive coding, in appropriate cases. (c) Spoliation of evidence motions where the issue of spoliation impacts the ultimate outcome of the action; (3) The announcements and communications shall set forth the nature of the position, the qualifications for selection as contained in section 731 of the Real Property Tax Law, or section 19-152.3(d) of the Administrative Code of the City of New York, and the compensation. (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. (1) Any person interested in an assignment for the benefit of creditors may appear either in person or by attorney. This article shall be known and may be cited as the "condominium act. Upon good cause shown, the court may allocate the costs to the requesting party. Three more states - Iowa, Mississippi and Oklahoma - have the common law rule, with the "wait-and-see" modification that determines whether an interest was valid based on whether it actually vested within the common law period, rather than In cases with multiple plaintiffs and/or defendants, peremptory challenges shall be exercised by counsel in the order in which the parties' names appear in the caption, unless following that order would, in the opinion of the court, unduly favor a side. . Sec. An attorney admitted to practice in the State of New York, or a person seeking to serve as an authorized e-filing agent on behalf of attorneys of record in an e-filed action or actions (hereinafter "filing agent") may register as an authorized e-filing user of the NYSCEF site. In the event of a change in title of an action by reason of a substitution of any party, no new note of issue will be required. A motion calendar is for the hearing of motions. Except for good cause shown, the reports exchanged between the parties shall be the only reports admissable at trial. Section 202.25 Objections to Applications for Special Preference. (f) Reinstatement of Note of Issue. Should the county clerk, as provided by CPLR 304, designate a person or persons other than himself or herself to accept delivery of the papers required to be filed in order to commence an action or special proceeding, the posted notice shall so specify. Section 202.65 Registration of title to real property; sales of real estate under court direction. Opposing counsel who receives a copy of materials submitted in violation of this Rule shall not respond in kind. Section 202.20-i Direct Testimony by Affidavit. (b) Commencement of Small Claims Tax Assessment Review Proceeding. Courtesy copies should not be submitted unless requested or as herein provided. The purpose of these sample forum-selection provisions is to offer contracting parties streamlined, convenient tools in expressing their consent to confer jurisdiction on the Commercial Division or to proceed in the federal courts in New York State. The auctioneer's fee for conducting the sale shall be as prescribed by law. . There are no outstanding requests for discovery. (B) Time to File: Supplemental Filing. Such issues shall be addressed with the court at the preliminary conference and shall include but not be limited to (i) identification of potentially relevant types or categories of electronically stored information ("ESI") and the relevant time frame; (ii) disclosure of the applications and manner in which the ESI is maintained; (iii) identification of potentially relevant sources of ESI and whether the ESI is reasonably accessible; (iv) implementation of a preservation plan for potentially relevant ESI; (v) identification of the individual(s) responsible for preservation of ESI; (vi) the scope, extent, order, and form of production; (vii) identification, redaction, labeling, and logging of privileged or confidential ESI; (viii) claw-back or other provisions for privileged or protected ESI; (ix) the scope or method for searching and reviewing ESI; (x) the anticipated cost and burden of data recovery and proposed initial allocation of such costs; and (xi) designation of experts; and (xii) the need to vary the presumptive number or duration of depositions set forth in Rule 11-d. Rule 9. (iii) Are there less costly or less burdensome alternatives to secure the necessary information without recourse to discovery of ESI; 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. Amended (a)(1). View playslip for more details. Ex parte applications in actions or proceedings in the Supreme Court, and applications for the settlement of actions or proceedings pending in the Supreme Court, where judicial approval is necessary, may be heard and determined by a judge of the County Court in the county where venue is laid, during periods when no Supreme Court term is in session in the county. (d)(1) In accordance with CPLR 2102(c), a County Clerk and a chief clerk of the Supreme Court or County Court, as appropriate, shall refuse to accept for filing papers filed in actions and proceedings only under the following circumstances or as otherwise provided by statute, Chief Administrator's rule or order of the court: Any party claiming a preference under CPLR 3403(7) may apply to the court in the manner prescribed by that section. 2, 2014, Amended (d)-(e) on Jul 1 2014, effective September 2, 2014, Added Rule 11-b of section 202.70(g) on Jul 8, 2014, effective September 2, 2014, Amended (a) on Jul 14, 2014, effective September 2, 2014, Amended Rule 8 on Jul 16, 2014, effective September 2, 2014, Added Rule 34 on Aug 6, 2014, effective September 2, 2014, Added Rule 11-c & Appendix A on Aug 8, 2014, effective September 2, 2014, Amended Rules 8(b) & 11(c) and Added Rule 11-d on December 23, 2014, applicable to all cases filed in the Commercial Division on and after April 1, 2015, Added Preamble on Jan 6, 2015, effective April 1, 2015, Amended Rule 14 on Jan 9, 2015, effective April 1, 2015, Added Rule 11-e on Jan 22, 2015, effective April 1, 2015, Amended section 202.70(g) on October 5, 2015, Amended Rule 11-d of and added Rule 11-f onOctober 8, 2015, Amended (b)(12) and (c) on October 14, 2015, effective December 1, 2015, Amended Rule 3 May 26, 2016, effective July 1, 2016, Amended Rule 14-a on Jun 2, effective July 1, 2016, Added Rule 11-g & Appendix B Jun 16, effective July 1, 2016, Amended Rule 20 on July 01, 2017 (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. It first reviews the philosophical and political origins of the doctrine. Q. will need some basic information about New York State's Tax Law and regulations. Motions for Summary Judgment; Statements of Material Facts. Together with any other affidavits required under New York law, the following affidavits shall be required as part of a default judgment application arising from a consumer credit transaction where such application is made to the clerk under CPLR 3215(a). Designated alternate jurors shall be selected in the same manner as described above, with the order of exercise of peremptory challenges continuing as the next round following the last completed round of challenges to regular jurors. However, counsel may not read from any of the pleadings in the action or inform potential jurors of the amount of money at issue. (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. _________, Contract (e) In the event of a plaintiff's verdict on the issue of liability or a defendant's verdict on the issue of liability on a counterclaim, the damage phase of the trial shall be conducted immediately thereafter before the same judge and jury, unless the judge presiding over the trial, for reasons stated in the record, finds such procedures to be impracticable. Such a letter must include a representation that the party has conferred with opposing counsel in a good faith effort to resolve the issues raised in the letter or shall indicate good cause why no such consultation occurred. (ii) Filing agent; statement of authorization. 2020, effective February 1, 2021. Later, when the colonists won independence, these colonies became the 13 original states. As provided in section 202.5(d)(1) of these Rules, a County Clerk and a Chief Clerk of Supreme Court, as appropriate, shall refuse to accept for filing hard copies of documents sought to be filed in actions where such documents are required to be filed electronically. (f) The individual(s) designated must testify about information known or reasonably available to the entity. the actual home address of the parties to the matrimonial action and their children; iii. (g) Advertising by Hearing Officers. Any party may request oral argument on the face of its papers or in an accompanying letter. Accelerated Adjudication Actions. Proceedings relating to appts. property is outside New York. January 5, 2015. Unless, on application made to the court, the requirements of this subdivision be waived for good cause shown, or unless otherwise expressly provided by any provision of the CPLR or other statute, the following requirements shall govern motions for alimony, maintenance, counsel fees (other than a motion made pursuant to section 237(c) or 238 of the Domestic Relations Law for counsel fees for services rendered by an attorney to secure the enforcement of a previously granted order or decree) or child support or any modification of an award thereof: (1) Such motion shall be made before or at the preliminary conference, if practicable. (b) Forms. OR (1) Within 60 days after joinder of issued by all defendants named in the complaint in an action for medical, dental or podiatric malpractice, or after the time for a defaulting party to appear, answer or move with respect to a pleading has expired, the plaintiff shall obtain an index number and file a notice of such medical, dental or podiatric malpractice action with the appropriate clerk of the county of venue, together with: (i) proof of service of the notice upon all other parties to the action; (ii) proof that, if demanded, authorizations to obtain medical, dental and hospital records have been served upon the defendants in the action; (iii) copies of the summons, notice of appearance and all pleadings, including the certificate of merit if required by CPLR 3012-a; (iv) a copy of the bill of particulars, if one has been served; (v) a copy of any arbitration demand, election of arbitration or concession of liability served pursuant to CPLR 3045; and. address:____________________. (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. Example: Friday at 7pm, The purchaser holding the winning ticket will pick a card from the board. filed Oct. 13, 1999 eff. (a) Within 20 days of the filing of the note of issue, if the notice of motion for a special preference is filed therewith, or within 10 days of the service of a notice of motion to obtain a preference, if served and filed subsequent to service and filing of the note of issue, any other party may serve upon all other parties, and file with the court affidavits and other relevant papers, with proof of service, in opposition to granting the preference. Changing governments that have been around for a long time should not just occur without good reasons. Failure of the respondent to request or complete the audit within the time limits shall be deemed a waiver of such privilege. The court in its discretion may extend the total number of trial hours as justice may require. A hearing thereon shall be scheduled for the purpose of considering that offer or any higher or better offers that may be submitted upon such notice and advertising as the court may deem appropriate. (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. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7925 mm), exclusive of shoulders (see Figure D103.1). (6) Whether upon written proof or at the conclusion of a hearing, the judge or referee shall render a decision and sign the findings of fact, conclusions of law and the judgment, unless for reasons stated on the record decision is reserved. A copy of any demand for arbitration, election of arbitration or concession of liability is attached. (a) Judges are encouraged to order a bifurcated trial of the issues of liability and damages in any action for personal injury where it appears that bifurcation may assist in a clarification or simplification of issues and a fair and more expeditious resolution of the action. In the alternative, a party may serve a copy of the order or judgment and written notice of its entry in hard copy by any method set forth in CPLR 2103 (b) (1) to (6). Exhibits not previously demanded which are to be used solely for credibility or rebuttal need not be pre-marked. When e-filing is hindered by a technical failure, a party may file with the appropriate clerk and serve in hard copy. (i) Does potentially relevant electronically stored information (“ESI”) exist; The Administrative Judge may designate a justice from another local jurisdiction as a Coordinating Justice with the approval of the Administrative Judge thereof. (7) The failure to obey these automatic orders may be deemed a contempt of court. The submission of direct testimony in affidavit form shall not affect any right to conduct cross-examination or re-direct examination of the witness. (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. Section 202.6 Request for judicial intervention. (2) A party failing to comply with a directive of the court authorized by the provisions of this subdivision shall be subject to appropriate sanctions, including costs, imposition of appropriate attorney's fees, dismissal of an action, claim, cross-claim, counterclaim or defense, or rendering a judgment by default. Electronic Filing in Supreme Court; Consensual Program, Electronic Filing in Supreme Court; Mandatory Program. At the pre-trial conference 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. (f) The individual(s) designated must testify about information known or reasonably available to the entity. 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. 1. (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. (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. 202.65 Registration of title to real property; sales of real estate . APPENDIX A. To win the jackpot, you must pick the Queen of Hearts from the Raffle board. If so provided by the Chief Administrator, registration shall not be complete until the registering person has been approved as an e-filing user. With respect to an incapacitated person, the judge presiding may provide for the posting of a bond as required by the Mental Hygiene Law. The court may require that direct testimony of a party’s own witness in a non-jury trial or evidentiary hearing shall be submitted in affidavit form, provided, however, that the court may not require the submission of a direct testimony affidavit from a witness who is not under the control of the party offering the testimony. provide new guards for their future security. (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. Should the provisional bond already filed be deemed sufficient, an order may be granted making such bond, as approved, the final bond. 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. (2) E-filing in an action after commencement. (j) Nothing in this section is intended to impair a plaintiff’s ability to make a default judgment application to the court as authorized under CPLR 3215(b). (e) The granting or continuation of a special preference shall be conditional upon full compliance by the party who has requested any such preference with the foregoing order or transcript. (2) Judicial hearing officers appointed to hear proceedings pursuant to this section shall receive compensation as provided in section 122.8 of the rules of the Chief Administrator, or such other compensation as the Chief Administrator may direct. (1) On consent, documents may be filed and served by electronic means in Supreme Court in such civil actions and in such counties as shall be authorized by order of the Chief Administrator of the Courts and only to the extent and in the manner provided in this section. Sec. There has been compliance with any order issued pursuant to section 202.12 of the Rules of the Chief Administrator (22 NYCRR 202.12). Such deadlines, however, may be modified upon the consent of all parties, provided that all discovery shall be completed by the discovery cutoff date set forth in the preliminary conference order. The city. As such, it strongly needs a modern, well-staffed, properly equipped forum for the swift, fair and expert resolution of significant commercial disputes.” In 1995, those words introduced the New York State Bar Association’s report proposing the creation of the Commercial Division (N.Y. St. Bar Ass’n, A Commercial Court For New York [Jan. 1995]). 202.27-a Proof of Default Judgment in Consumer Credit Matters The court may order a referee to hear and determine such a special proceeding. Judges and other court personnel involved in actions revived pursuant to CPLR 214-g, in the exercise of their discretion in any matter relating to such action, shall be mindful of the statutory directive that such actions be adjudicated in a timely fashion (Judiciary Law §219-d) and shall aspire to the following schedule in such actions: 4. (2)    If a party certifies in good faith that it cannot include hyperlinks as required by this Rule or the Court without undue burden, due to limitations in its office technology or other showing of good cause, the Court may excuse the party from any otherwise applicable hyperlinking requirement. The court may further direct that any agreements reached in this regard shall be reduced to a written stipulation, Rule 31. Rule 15. (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. Information on future court appearances can be found at the court system's future appearance site (www.nycourts.gov/ecourts).

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