At any time, the court on its own motion may vacate a note of issue if it appears that a material fact in the certificate of readiness is incorrect, or that the certificate of readiness fails to comply with the requirements of this section in some material respect. (6) Decisions, orders and judgments. (e) Copies and Transcription. Again, the Commission is satisfied that the Amended Motion for Reconsideration does not state any basis on which the Decision and Order was erroneous or unlawful under the Act or regulations. 202.47 Transcript of judgment; receipt stub (g) Nothing in this Rule shall be construed to alter the right of any party to seek any relief that it deems appropriate under the CPLR or other applicable law. Pre-Marking of Exhibits. Any party may request oral argument on the face of its papers or in an accompanying letter. (2) Procedure. Information on Cases. Counsel are expected to be ready to proceed either to select a jury or to begin presentation of proof on the scheduled trial date. Amended on Dec. 29. (3) Unless otherwise defined in this Part, or the context otherwise requires, all terms used in this Part shall have the same meaning as they have in the CPLR. 202.43 Ref. review proceed. No memoranda in response shall be submitted. (7) Where a hearing has been held, no transcript of testimony shall be required as a condition precedent to the signing of the judgment, unless the judge or referee presiding shall so direct. 202.1 Application of Part; waiver; additional rules; . Section 202.60 Tax assessment review proceedings in counties within the City of New York; special rules. Section 202.16 Application of Part 202 and Section 202.16. Within 60 days after the first preliminary conference, the respondent, for the purpose of substantiating petitioner's completed statement of income and expenses, as required by subdivision (c) of this section, may request in writing an audit of the petitioner's books and records for the tax years under review. A copy of such completed form shall also be filed with the note of issue and certificate of readiness. (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). (b) Applicability. In establishing the method and scope of electronic discovery, the court may consider the following non-exhaustive list, including but not limited to: (d) Responsible Attorney. (1) Referral to MSC. The notice shall be in substantially the following form: Notice of Medical, Dental or Podiatric Malpractice Action, Malpractice (1) A special proceeding pursuant to section 19-152.3 of the Administrative Code of the City of New York shall be commenced by a petition in a form prescribed by the Department of Transportation of the City of New York in consultation with the Office of Court Administration. (5) In accordance with Section 202.20-c(f), absent good cause, a party may not use at trial or otherwise any document which was not produced in response to a request for such document or category of document, which request was not objected to, or, if objected to, such objection was overruled by the court, provided, however, the court may exercise its discretion to impose such other, further, or additional penalty for non-disclosure as may be authorized by law and which may be more appropriate in a matrimonial action than preclusion or where there is a continuing obligation to update (e.g., updated tax returns, W-2 statements, etc.). (3) At the close of the conference, the court shall direct the parties to stipulate, in writing or on the record, as to all resolved issues, which the court then shall "so order," and as to all issues with respect to fault, custody and finance that remain unresolved. B. (4) The hearing officer shall determine, after contacting the parties, the date, time and place for the hearing, which shall be held within 45 days with respect to a small claims tax assessment review proceeding, and within 30 days with respect to a small claims sidewalk assessment review proceeding, after the filing of the petition, or as soon thereafter as is practicable, and which shall be held, where practicable, at a location within the county where the real property is located. (e) Court Order. The procedure to be adopted shall set forth whether oral argument is required on all motions or whether the court will determine, on a case-by-case basis, whether oral argument will be heard and how counsel shall request argument and, if oral argument is permitted, when counsel shall appear. 202.20-b Limitations on Depositions. (c) Spoliation of evidence motions where the issue of spoliation impacts the ultimate outcome of the action; of guardians w respect . (1) the court reporter or officer is or might not be a notary public in the state where the witness is located; or. See Section 202.7. Rule 20. (a) If the requirements of paragraph (c) of this Rule are met, the court may, with the consent of the parties, conduct an evidentiary hearing or a non-jury trialutilizing video technology. A term of court is a four-week session of court, and there shall be 13 terms of court in a year, unless otherwise provided in the annual schedule of terms established by the Chief Administrator of the Courts, which also shall specify the dates of such terms. (a) The court may direct plaintiff to produce a document stating clearly and concisely the issues in the case prior to the preliminary conference. (a) If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the assigned judge or court part by submission of a copy of the stipulation or a letter directed to the clerk of the part along with notice to the chambers of the assigned judge via telephone, or email. (4) Where an appraiser appraises more than one parcel in any proceeding, those parts of the separate appraisal reports for each parcel that would be repetitious may be included in one general appraisal report to which reference may be made in the separate appraisal reports. 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. This subdivision shall apply only in counties where the Chief Administrator of the Courts has established arbitration programs pursuant to Part 28 of the Rules of the Chief Judge of the State of New York pertaining to the arbitration of certain actions (22 NYCRR Part 28). 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. There has been compliance with any order issued pursuant to section 202.12 of the Rules of the Chief Administrator (22 NYCRR 202.12). These sample provisions should be construed in a manner that is consistent with governing case law and applicable sections and rules of the Commercial Division Rules, the Uniform Civil Rules, the CPLR, the Federal Rules of Civil Procedure, and any other applicable rules and regulations. Rule 28. No default judgment based on defendants failure to answer shall be entered if the additional notice is returned to the court as undeliverable, unless the address at which process was served matches the address of the defendant on a Certified Abstract of Driving Record issued from the New York State Department of Motor Vehicles. For purposes of this section, such an action shall be deemed to have been commenced electronically. Agreements and protocols agreed upon by parties should be memorialized in a court order. (3) All prospective jurors shall complete a background questionnaire supplied by the court in a form approved by the Chief Administrator. Part IA-3/33. (ii) Upon application by an assignee or a creditor, setting forth that a part or the whole of the estate is perishable, the nature and location of such perishable property, and that there will be a loss if the same is not sold immediately, the judge presiding, if satisfied of the facts stated and that the sale is required in the interest of the estate, may order the same to be sold with or without notice to creditors. The director shall submit to the court for its consideration such papers as the director may deem appropriate. (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. Electronic Filing in Supreme Court; Mandatory Program. When appropriate, proposed orders should be submitted with motions, e.g., motions to be relieved, pro hac vice admissions, open commissions, etc. 202.15 Videotape recording of civil depositions (b) Absent exigent circumstances, prior to contacting the court regarding a disclosure dispute, counsel must first consult with one another in a good faith effort to resolve all disputes about disclosure. the date of an individuals birth (including the date of birth of minor children), except the year of birth; v. the full name of either party where there are allegations of domestic violence, neglect, abuse, juvenile delinquency or mental health issues, except the partys initials or the first name of the party with the first initial of the partys last name; provided that nothing herein shall prevent the court from granting a request to use only the partys initials or only the word Anonymous;; and. (2) A separate note of issue shall be filed for each property for each tax year. Such depositions can be done either in person at the location of the deponent, a party or their counsel or in real time by any electronic video device; and. . (v) residential foreclosure actions involving a home loan as such term is defined in section 1304 of the real property actions and proceedings law other than actions commenced prior to September 1, 2017 in Erie, Essex, New York, Queens, Rockland, Suffolk and Westchester Counties; provided, however, the Chief Administrator may require that the initial filing of papers required for the commencement of such actions in any county, where made by a party represented by counsel, be electronically filed; and filed: Feb. 16, 1988; Sept. 11, 1989; Jan. 6, 1999; Jan. 8, 2001 eff. Since then, they have served as the central rationale for the Divisions commitment to excellence in the administration of the rule of law in business in New York. Exhibits not previously demanded which are to be used solely for credibility or rebuttal need not be pre-marked. Unless otherwise authorized by the Chief Administrator, the filing of a request for judicial intervention pursuant to this section shall cause the assignment of the action to a judge pursuant to section 202.3 of this Part. (c) Papers filed to commence an action or special proceeding. (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: (c) When may the EDDS be used. Special masters shall serve without compensation. Historical Note Documents may be transmitted at any time of the day or night to the NYSCEF site. Rule 30. 202.37 Scheduling Witnesses The filing stamp shall be proof of the fact of entry and the date and time thereof. _________ Historical Note OVERVIEW . Counsel for the parties shall consult prior to the pre-trial conference and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection. Within 20 days after service of a note of issue and certificate of readiness, any party to the action or special proceeding may move to vacate the note of issue, upon affidavit showing in what respects the case is not ready for trial, and the court may vacate the note of issue if it appears that a material fact in the certificate of readiness is incorrect, or that the certificate of readiness fails to comply with the requirements of this section in some material respect. If the moving party was unable to conduct a conference due to the unreasonable failure or refusal of an adverse party to participate, then such moving party shall, in an affidavit or affirmation, detail the efforts made by the moving party to obtain such a conference and set forth the responses received. Finally, the work of the Commercial Division has prospered through the strong cooperative spirit of the bar practicing before it. section 202.33 of the Rules of the Chief Administrator of the Courts. You should respond to the lawsuit as soon as possible by filing an answer. You may wish to contact an attorney. filed Jan. 9, 1986; amds. 202.64 Election Law proceedings Removal of actions without consent to courts of Ltd. jurisdiction. (2) state with reasonable particularity the grounds for any objection to production. (7) The failure to obey these automatic orders may be deemed a contempt of court. The Notice shall further provide that the defendant contact the court by telephone, no later than seven days before the conference is scheduled, to advise whether the defendant will be able to attend the scheduled conference. (4) Appraisal reports shall comply with any official form for appraisal reports that may be prescribed by the Chief Administrator of the Courts. Rule 19. Amendedsections 202.12(b) and 202.12(c)(3) on Sept 23, 2013, 202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference. Section 202.28 Discontinuance of Civil Actions and Notice to the Court. 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. filed: June 23, 1989; Jan. 30, 1990; May 4, 1992; Nov. 12, 1992 eff. (1) The court shall hold a settlement conference in accordance with CPLR 3409 within 45 days after the filing of the note of issue and certificate of readiness or, if a party moves to vacate the note of issue and certificate of readiness and that motion is denied, within 45 days after denial of the motion. 202.18 Testimony of court-appt expert witness in matrimonial action . If timely notification has been so given, such other individual shall instead be produced; (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. Identification of Deposition Testimony. Amended (a)(1). 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