For good cause shown, and in the interests of justice, the court in an action or proceeding may waive compliance with any of the rules in this Part, other than sections 202.2 and 202.3, unless prohibited from doing so by statute or by a rule of the Chief Judge. At the end of the period, all challenges for cause to any prospective juror on the Panel must have been exercised by respective counsel. (7) If an unusual delay or a lengthy trial is anticipated, counsel may so advise prospective jurors. If requested by the Court, the estimate shall also contain a request by each party for the total number of hours which each party believes will be necessary for its direct examination, cross examination, redirect examination, and argument during the trial. The determinations of the Administrative Judge with respect to any letter applications or requests under this subdivision shall be final and subject to no further administrative review or appeal. (g) It is important that counsel be on time for all scheduled appearances. The neutral shall determine whether a submission should be provided to the neutral and the service thereof. Any Batson or other objections shall be resolved by the court before any of the struck jurors are dismissed. (b) The proposed order of reference shall be presented in duplicate, and a signed original order shall be delivered to the referee. Further, notwithstanding the time periods set forth in subdivisions (d) and (e) of this section, for good cause shown for the delay a party may seek the transfer of a case to the Commercial Division by letter application (with a copy to all parties) to the Administrative Judge. See Section 202.8-e. Such general appraisal reports shall be served and filed as provided in paragraph (1) of this subdivision. (b) If appellant does not comply herewith, the County Court may, upon respondent's motion or upon its own motion, dismiss the appeal. . Sec. State full name, address and age of each plaintiff. At the preliminary conference, counsel shall be prepared to furnish the court with the following: (i) a complete caption, including the index number; (ii) the name, address, telephone number, e-mail address and fax number of all counsel; (iii) the dates the action was commenced and issue joined; (iv) a statement as to what motions, if any, are anticipated; and (v) copies of any decisions previously rendered in the case. If a document filed electronically is subsequently discovered to contain confidential data including but not limited to trade secrets, information protected by confidentiality agreement, or personal confidential information as defined by statute or court rule or otherwise to have been filed in error, the filer or another party or affected person may (1) notify the parties and any non-party filers in the action of the confidentiality issue or other error raised by the filing, and of his or her intention to seek judicial relief to correct the filing; (2) following such notification, request that the appropriate County Clerk, exercising his or her administrative discretion, place the document temporarily in "restricted" status on the NYSCEF site, to be made available for viewing by court staff and the parties but not the general public; and (3) file an application to correct the filing by order to show cause within five business days of such notification (or such time as the court may direct), including a request for preliminary injunctive relief limiting interim disclosure of the document at issue. 202.20-e Adherence to Discovery Schedule. (d) Motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the return date. (e) With respect to a patient in a facility located in a judicial department other than the department where the proceeding is initiated, copies of the application, order or proof of qualification shall be served upon the directors in both departments. (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. Notwithstanding any other provision of this section, a party to be added in an action that has been commenced electronically in accordance with this section shall be served with initiating documents in hard copy together with the notice specified in paragraph (3) of subdivision (b) of this section. Section 202.8-c Sur-Reply and Post-Submission Papers. 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. In addition to notifying the court of a settlement or discontinuance, counsel shall withdraw any pending motions and any pending appeals. A document shall be considered to have been signed by an attorney or party in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR 130-1.1-a) if it has been signed by such attorney or party as provided in paragraph (1) of this subdivision and it bears the signatory's name. 202.69 Coordination of related actions pending in more than one . the actual home address of the parties to the matrimonial action and their children; iii. The timeframes must be complied with unless otherwise shortened or extended by the court depending upon the circumstances of the case. (1-b) Both parties personally must be present in court at the time of the conference, and the judge personally shall address the parties at some time during the conference. (d) Jurisdictional motions where issues, including application of long arm jurisdiction, may be dispositive; On all applications for payment of awards in eminent domain proceedings by parties other than the party named in the decree, the applicant shall give notice of its motion to all parties with an interest in the award. In cases not pending in the New York State Courts Electronic Filing System, the court may permit counsel to communicate with the court and each other by e-mail. (4) During the voir dire each attorney may state generally the contentions of his or her client, and identify the parties, attorneys and the witnesses likely to be called. (2) At the preliminary conference, the court shall designate the track to which the case shall be assigned in accordance with the following: (i) Expedited--discovery to be completed within eight months; (ii) Standard--discovery to be completed within 12 months; and. In addition, a non-Commercial Division justice to whom a case is assigned may sua sponte request the Administrative Judge to transfer a case that meets the jurisdictional requirements for Commercial Division assignment set forth in subdivisions (a), (b) and (c) of this section to the Commercial Division. Copies must be legible. (b) Pre-Voir Dire Settlement Conference. A challenge for cause may be made by counsel to any party as soon as the reason therefor becomes apparent. Such judges may be assigned matters for trial in exceptional circumstances where the needs of the courts require such assignment. (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. (k) Cost. Sec. (a) Each court or court part shall adopt a procedure governing request for oral argument of motions, provided that, in the absence of the adoption of such a procedure by a particular court or part, the provisions of paragraph (b) shall apply. All motions under this rule may be made on affidavits of attorneys, shall be made on notice, and shall be granted or denied on such terms as to costs, calendar position and dates of compliance with any provision of this rule as the court in its discretion shall direct. Any person seeking recognition of a judgment, decree or order rendered by a court duly established under tribal or federal law by any Indian tribe, band or nation recognized by the State of New York or by the United States may commence a special proceeding in Supreme Court pursuant to Article 4 of the CPLR by filing a notice of petition and a petition with a copy of the tribal court judgment, decree or order appended thereto in the County Clerks office in any appropriate county of the state. (5) Hearing officers shall serve at the pleasure of the Chief Administrator, and their appointments may be rescinded by the chief administrator at any time. 202.64 Election Law proceedings HON. In each such round, before the board is to be passed to the other side, the board must be passed to all remaining parties within the side, in caption order, starting from the first party in the rotation for that round. The subject matter jurisdiction of the court, the pace of high-stakes commercial practice, the sophistication of the judiciary and the specialized rules of the Division require that the practicing bar be held rigorously to a standard of commitment and professionalism of the highest caliber. (a) The court may, upon the consent of the parties or upon a motion showing good cause, order oral depositions by remote electronic means, subject to the limitations of this Rule. (d) Nothing in this section shall preclude the insuring body from consenting to a reduction of its lien. (4) User ID and password; use by authorized person. The Panel shall determine, sua sponte or upon application of a party to an action, a justice before whom such an action is pending, or an administrative judge, whether the related actions should be coordinated before one or more individual justices. Unless the court otherwise provides, where the attorney of record for any party arranges for another attorney to conduct the trial, the trial counsel must be identified in writing to the court and all parties no later than 15 days after the pretrial conference or, if there is no pretrial conference, at least 10 days before trial. (5) In subsequent rounds, the first exercise of peremptory challenges shall alternate from side to side. It is important that counsels discovery requests, Note of issue and certificate of readiness, Objections to applications for special preference, Proof of Default Judgment in Consumer Credit Matters, Additional Mailing of Notice on an Action Arising from a Consumer Credit Transaction. (b) Adjournments of conferences shall be granted upon a showing of good cause. Sec. If all parties have agreed upon the settlement conference track that they prefer, they may file a joint request with a statement of preferred procedure for MSC. (e) Transfer into the Commercial Division. (f) Consolidation or Joint Trial. Compliance with section 202.16 of the Rules of the Chief Administrator (22 NYCRR 202.16) in matrimonial actions. In the case of a proceeding to review a small claims assessment where the petition has been e-filed by the submission of a text file as provided in subdivision (b)(1) of this section, a hard copy of the petition, fully completed and signed as set forth in that subdivision, shall be mailed, and shall be served upon the assessing unit or tax commission, as provided in Section 730 of the Real Property Tax Law, unless otherwise stipulated. (5) Adjournments shall not be granted by the hearing officer except upon good cause shown. Any party who fails to serve an appraisal report as required by this section shall be precluded from offering any expert testimony on value; provided, however, upon the application of any party on such notice as the court shall direct, the court may, upon good cause shown, relieve a party of a default in the service of a report, extend the time for exchanging reports, or allow an amended or supplemental report to be served upon such conditions as the court may direct. (b) Prior to the preliminary conference, counsel shall confer with regard to electronic discovery topics, including those set forth in the ESI Guidelines. Adde 202.16a on Sep. 1, 2009. Failure to comply with this rule may be treated as a default for purposes of Rule 202.27 and/or may be treated as a failure to appear for purposes of Rule 130-2.1, provided that, in matrimonial actions and proceedings, consistent with applicable case law on defaults in matrimonial actions, failure to comply with this rule may, either in lieu of or in addition to any other direction, be considered in the determination of any award of attorney fees or expenses. (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; Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code. filed: Feb. 16, 1988; Sept. 22, 1993 eff. 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. The Chief Administrator of the Courts shall promulgate forms to implement this process. Such direction, application, or stipulation must be served on all parties to the action and filed with proof of service. and (3) of this subdivision, every judgment of divorce, whether uncontested or Resched. of triable issues and proceedings to judicial hearing . 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. (1) Composition. This is a motion for or related to interim maintenance or child support . (a) Notice of Medical, Dental or Podiatric Malpractice Action. Coordination pursuant to this section shall apply to pretrial proceedings, including dispositive motions. The four possible settlement conference tracks are as follows: (A) The parties may agree to have a settlement conference before the assigned justice or another judge pursuant to Commercial Division Rule 3(b). The parties need not reveal the terms of a settlement, but must notify the court that a resolution has been reached and that both sides have agreed to discontinue the case. Section 202.36 Absence of attorney during trial. (1) In assignments for the benefit of creditors, the clerk shall keep a register and docket. This open motion report may be used by the justice to assist in the preparation of his or her official quarterly report. Section 202.20-e Adherence to Discovery Schedule. If the court's Part Rules address discovery disputes, those Part Rules will govern discovery disputes in a pending case. (i) E-mail address for service. ", APPENDIX D. COMMERCIAL DIVISION SAMPLE CHOICE OF LAW PROVISION. (1) The decision and order of the hearing officer shall be rendered expeditiously and, in a small claims tax assessment review proceeding, the notice required by section 733(4) of the Real Property Tax Law shall be attached to the petition form. An authorized e-filing user shall notify the Resource Center immediately of any change in the information provided on his or her registration form. complexity of the case and the amount of proof that is required for the cause of (2) E-filing in an action after commencement. (1) Proceedings pursuant to Title 1-A of Article 7 of the Real Property Tax Law may be heard and determined by a judicial hearing officer. Direct Testimony by Affidavit. Historical Note Rule 27. (vi) any other matters which the court shall deem appropriate. Where the applicable arbitration agreement provides for the arbitration to be heard outside the United States, the monetary threshold set forth in section 202.70(a) shall not apply. Historical Note 202.62 Payment of eminent domain award to other than named award Joint Pre-Trial Order. The Chief Administrator shall establish requirements for education and training of all judges and nonjudicial personnel assigned to conduct foreclosure conferences pursuant to this section. (ii) The court may, in respect to objectionable material, instead of ordering its deletion, permit such material to be clearly marked so that the audio recording may be suppressed by the operator during the objectionable portion when the videotape is presented at the trial. Preclusion. filed Jan. 9, 1986; amds. The court shall schedule a compliance conference unless the court dispenses with the conference based upon a stipulation of compliance filed by the parties. 6. Trials shall commence each court day promptly at such times as the court directs. (g) A party may move to advance the date of a preliminary conference upon a showing of special circumstances. 202.20-f Disclosure Disputes. (b) No funds shall be withdrawn from a receiver's or assignee's account, and no check thereon shall be honored, unless directed by court order or the check is countersigned by the receiver's or assignee's surety. 202.20-c Requests for Documents. (iii) The paper sought to be filed with the County Clerk is filed in the wrong court; 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. (d) In cases brought before paperless commercial parts, counsel shall submit the pre-trial memoranda, copy of trial exhibits and requests to charge on a USB flash drive. Motions to reinstate notes of issue vacated pursuant to this section shall be supported by a proper and sufficient certificate of readiness and by an affidavit by a person having first-hand knowledge showing that there is merit to the action, satisfactorily showing the reasons for the acts or omissions which led to the note of issue being vacated, stating meritorious reasons for its reinstatement and showing that the case is presently ready for trial. Sec. Rule 31. Frank A. Tinari (c) Consultation Regarding Expert Testimony. Any party claiming a preference under CPLR 3403(7) may apply to the court in the manner prescribed by that section. Reports shall be granted by the parties compliance filed by the court shall deem.! Dental or Podiatric Malpractice action 1 ) in assignments for the benefit of creditors, the shall. Of creditors, the clerk shall keep a register and docket side to side should provided! 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