Unless otherwise stipulated or ordered by the court, expert disclosure must be accompanied by a written report, prepared and signed by the witness, if either (1) the witness is retained or specially employed to provide expert testimony in the case, or (2) the witness is a party's employee whose duties regularly involve giving expert testimony. The scope of the crisis is in no small part the fault of economists. Section 202.36 Absence of attorney during trial. (a) There shall be compliance with the procedures prescribed in the CPLR for the bringing of motions. (A) Who Must File: Contents. after jury disagreement, mistrial or order for new trial, Submission of orders, judgments and decrees for signature, Proposed judgments in matrimonial actions; forms, Proof required in dissolution proceedings, Deposit of funds by receivers and assignees. 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. The Administrative Board of the Courts has requested public comment with respect to the proposed rule changes, by the Commercial Division Advisory Council (CDAC), to amend A preliminary conference shall be held within 45 days of assignment of the case to a Commercial Division justice, or as soon thereafter as is practicable. Section 202.15 Videotape recording of civil depositions. filed Jan. 28, 2002 eff. (1) If no objections have been made by any of the parties during the course of the deposition, the videotape deposition may be filed by the proponent with the clerk of the trial court and shall be filed upon the request of any party. . (1) The assessment review clerk of the county in which the Panel will serve shall draw names of hearing officers at random from the Panel and shall assign to each hearing officer at least the first three, but no more than six, petitions filed with the County Clerk pursuant to these rules; provided, however, where necessary to ensure the fair and expeditious administration of justice, the Chief Administrator may authorize the assignment of related petitions and the assignment of more than six petitions to a single hearing officer. The parties are expected to address such considerations in good faith as part of the meet and confer process (see paragraph (a) above) and to agree, where possible, to employ a categorical approach to privilege designations. 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. (h) Application to Continue Business of Assignor. (f) Certification. (1) Referral to MSC. APPENDIX C. COMMERCIAL DIVISION SAMPLE CHOICE OF FORUM CLAUSES. (c) Application for Jury Trial. (c) Adjournment of Motions. Sec. If an audit is requested and the petitioner fails to furnish its books and records within a reasonable time after receipt of the request, or otherwise unreasonably impedes or delays the audit, the court, on motion of the respondent, may dismiss the petition or petitions or make such other order as the interest of justice requires. 202.5-a Filing by electronic transmission Oct. 7, 1999. (7) Attorney malpractice actions except as otherwise provided in paragraph (b)(8). 7. (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. 202.37 Scheduling Witnesses A filing fee of $25 shall be paid at the time of filing, which may be in the form of a check payable to the County Clerk. (b) The following shall apply to a special proceeding governed by this section: (1) Venue. (d) The preliminary conference will result in the issuance by the court of a preliminary conference order. (ii) In a small claims sidewalk assessment review proceeding, if the hearing officer grants the petition in full or in part, the hearing officer shall award the petitioner costs against the respondent in the amount of $25. If the parties need to make a record, they will still have the opportunity to submit a formal motion. The clerk shall make an entry on the record of the original assignment to show the appointment of the substituted assignee, and the copy of the order of substitution shall be attached to the original assignment. (a) This rule is applicable to all actions, except to class actions brought under Article 9 of the CPLR, in which the court by written consent of the parties is authorized to apply the accelerated adjudication procedures of the Commercial Division of the Supreme Court. Rule 9. (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 Historical Note (c) For the purposes of subsection (a)(1) of this Rule, the deposition of an entity through one or more representatives shall be treated as a single deposition even though more than one person may be designated to testify on the entitys behalf. Rule 14-a. Such means may include technology-assisted review, including predictive coding, in appropriate cases. All documents separately maintained by the County Clerk as the official electronic record shall also be filed in the NYSCEF system. Agreements and protocols agreed upon by parties should be memorialized in a court order. (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. paragraph: ORDERED AND ADJUDGED that pursuant to pursuant to the partiesSettlement Agreement dated __________________ OR the courts decision aftertrial, all parties shall duly execute all documents necessary to formally transfer title to real estate or co-op shares to the Plaintiff OR Defendant as set forth in the parties Settlement Agreement OR the court's decision after trial, including, without limitation. Upon such notice, or as otherwise required, the receiving party or parties shall promptly return or destroy all such material, including copies, except as may be necessary to bring a challenge before the Court. Usted debe, tan pronto como le sea posible, responder a la demanda presentando una "contestacin." WebA contract between an insurance provider (e.g. If a document to be annexed to an affidavit or affirmation is voluminous and only discrete portions are relevant to the motion, counsel shall attach excerpts and submit the full exhibit separately. WebPart IA-2. NYSCEF administrators shall take steps to identify and restrict public view of portions of filed documents that display an individual's social security number. Adjournment of a conference will not change any subsequent date in the preliminary conference order, unless otherwise directed by the court. 1If any party is appearing pro se, the name, address and telephone number of such party shall be stated. Section 202.68 Proceedings involving custody of an Indian child. (1) A note of issue and certificate of readiness shall not be filed unless all disclosure proceedings have been completed and the statement of income and expenses has been served and filed. (2) such designation must include the identity, description or title of such individual(s); and Good cause applications shall be made by motion or order to show cause. In an as-applied case in New York state, the New York Supreme Court (which, confusingly, is not the states highest court, thats the Court of Appeals) ruled that the (c) It is important that counsel be on time for all scheduled appearances. 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. Sept. 3, 1993. Where a pre-trial conference is scheduled, or otherwise prior to the commencement of opening statements, counsel shall be prepared to discuss all matters as to which there is disagreement between the parties and settlement of the matter, and the court may require the parties to prepare a written stipulation of undisputed facts. (c) Spoliation of evidence motions where the issue of spoliation impacts the ultimate outcome of the action; If the penalty of the bond be $20,000 or over, it may be executed by two sureties each justifying in that sum, or by more than two sureties, the amount of whose justification, united, is double the penalty of the bond. If sales, leases or other transactions involving comparable properties are to be relied on, they shall be set forth with sufficient particularity as to permit the transaction to be readily identified, and the report shall contain a clear and concise statement of every fact that a party will seek to prove in relation to those comparable properties. (c) Each electronically submitted memorandum of law or other document that cites to another document previously filed with NYSCEF shall include a hyperlink to the NYSCEF docket entry for the cited document enabling access to the cited document through the hyperlink. A consumer credit transaction does not include debt incurred in connection with, among others, medical services, student loans, auto loans or retail installment contracts. (c) Special Master. Ref. 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.) These orders shall remain in full force and effect during the pendency of the action unless terminated, modified or amended by further order of the court or upon written agreement between the parties. (2) A separate note of issue shall be filed for each property for each tax year. Historical Note For purposes of this section, such an action shall be deemed to have been commenced electronically. (a) Form of Motion Papers. (6) After all peremptory challenges have been made, the trial jurors (including alternates when non-designated alternates are used) then shall be selected in the order in which they have been seated from those prospective jurors remaining on the Panel. Such notification shall be made to the assigned judge in writing. (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. (3) To the extent that a party insists upon a document-by-document privilege log as contemplated by CPLR 3122, and absent an order to the contrary, each uninterrupted e-mail chain shall constitute a single entry, and the description accompanying the entry shall include the following: (i) an indication that the e-mails represent an uninterrupted dialogue; (ii) the beginning and ending dates and times (as noted on the e-mails) of the dialogue; (iii) the number of e-mails within the dialogue; and (iv) the names of all authors and recipients together with sufficient identifying information about each person (e.g., name of employer, job title, role in the case) to allow for a considered assessment of privilege issues. 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. (1) Signing of a document. Rule 36. Added Sept. 15, 2014, eff. Virtual Evidentiary Hearing or Non-jury Trial. In addition, the statement to be submitted by counsel shall contain categories of information about the case prescribed by the Office of Court Administration which may assist the court, counsel and the parties in considering the role mediation might play in the resolution of the case. Failure of the respondent to request or complete the audit within the time limits shall be deemed a waiver of such privilege. B. (l) Public view of documents containing social security numbers. 202.20-g Rulings at Disclosure Conferences. filed Jan. 9, 1986; amds. Section 202.50 Proposed judgments in matrimonial actions; forms. (4) The redaction requirement does not apply to the last four digits of the relevant account numbers, if any, in an action arising out of a consumer credit transaction, as defined in subdivision (f) of section one hundred five of the civil practice law and rules. (1) Designation. While this rule is intended to streamline the litigation process in the Commercial Division, it will be ineffectual without the cooperation and participation of litigants. 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. (iii) Documents previously filed with the court; termination or modification of e-filing procedures. Counsel shall comply with CPLR 2103(e). (f) Class action certification motions. (h) Consistent with CPLR 3126, a party should take reasonable steps to preserve ESI that it has a duty to preserve. 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. If actions related to those pending before a Coordinating Justice are proceeding in Federal courts or in the courts of other states, the Coordinating Justice shall consult with the presiding judge(s) in an effort to advance the purposes of this section. (5) The final bond shall be joint and several in form and must be accompanied by the affidavit prescribed by CPLR 2502, and also by the affidavit of each surety, setting forth his business, where it is carried on, and the amount in which he or she is required to justify over and above his debts and liabilities. 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. (3) Coordination with Federal or Other States' Actions. 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. At that time, counsel shall be prepared to argue the motion, discuss resolution of the issue(s) presented and/or schedule a trial or hearing. (a) If requested by the Court, counsel shall submit pre-trial memoranda at such time as the court may set. (5) the right to discovery, except to such discovery as the parties might otherwise agree or as follows: (i) There shall be no more than seven (7) interrogatories and five (5) requests to admit; (ii) Absent a showing of good cause, there shall be no more than seven (7) discovery depositions per side with no deposition to exceed seven (7) hours in length. (iv) The paper is not signed in accordance with section 130-1.1-a of the Rules of the Chief Administrator; or (iv) prompt redaction or invalidation of such financing statement is necessary to avert or mitigate prejudice to the petitioner. (1) Any party to a tax assessment review proceeding may demand, by application served on all other parties and filed with the court, together with proof of such service, a preliminary conference, or the court on its own motion may direct a preliminary conference. (ii) In form, the judgment in such a special proceeding shall substantially conform to the model judgment set forth in Appendix B of this section. Sec. (g) Expert Witnesses and Other Trial Matters. Electronic Filing in Supreme Court; Consensual Program. Such a special proceeding shall be commenced in the Supreme Court in: Courtesy copies should not be submitted unless requested or as herein provided. Forms shall be available at no cost at each County Clerk's office. Historical Note In the court's discretion, counsel may be requested to submit memoranda of law by e-mail or by other electronic means, such as by a computer flash drive, along with an original and courtesy copy. No default judgment based on defendant's failure to answer shall be entered unless there has been compliance with this subdivision and at least 20 days have elapsed from the date of mailing by the clerk. State full name, address and age of each plaintiff. (C) The court may refer the case to the ADR coordinator or other designated court official in the judicial district where the case is pending for assignment, at no charge to the parties, of a neutral selected from the roster of neutrals or mediators under Part 146 of the Rules of the Chief Administrative Judge. She has almost a decades legal experience in international arbitration and domestic litigation. (2) The administrative judge of the county in which the Panel will serve, or the deputy chief administrative judge for the courts within the City of New York, if the Panel is to serve in New York City, shall invite applicants to apply by publishing an announcement in the appropriate law journals, papers of general circulation or trade journals, and by communicating directly with such groups as may produce qualified candidates. . (iv) Conversion of pending actions. (1) At the time of filing with the clerk the proof of service of the summons and complaint in an action arising from a consumer credit transaction, or at any time thereafter, the plaintiff shall submit to the clerk a stamped unsealed envelope addressed to the defendant together with a written notice, in both English and Spanish, containing the following language: SUPREME/DISTRICT/CITY COURT. Added (b)(3) on May 22 effective August 1, 2017. Amended (c)(1) and (c)(2) on Aug. 16, 2004. In all actions or proceedings to which this section is applicable referred to the Family Court by the Supreme Court pursuant to section 464 of the Family Court Act, all statements, including supplemental statements, exchanged and filed by the parties pursuant to this section shall be transmitted to the Family Court with the order of referral. Every brief, memorandum, affirmation, and affidavit shall include, on a page attached to the end of the applicable document, a certification by the counsel who has filed the document describing the number of words in the document. (b) If appellant does not comply herewith, the County Court may, upon respondent's motion or upon its own motion, dismiss the appeal. The order shall not provide for attorney's fees in excess of one third of the amount remaining after deduction of the above disbursements unless otherwise specifically authorized by the court. Section 202.20-i Direct Testimony by Affidavit. Copies of the reports of the examining medical providers, complying with the requirements of subdivision (c) of this section, shall be served within 10 days after completion of such further examination. Proof is attached that authorizations to obtain medical, dental, podiatric and hospital records have been served upon the defendants in the action. In the event the defendant appears in such an action and denies responsibility for the identified account, the plaintiff may without leave of court amend his or her pleading to add full account or CPI by (i) submitting such amended paper to the court on written notice to defendant for in camera review or (ii) filing such full account or other CPI under seal in accordance with rules promulgated by the chief administrator of the courts. (b) If a party seeks documents as a condition precedent to a deposition 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) Application for Final Order and Judgment of Registration. All references to the trial judge in this section shall include any judge designated by the administrative judge in those instances where the case processing system or other logistical considerations do not permit the trial judge to perform the acts set forth in this section. The lawsuit alleges that the Trumps committed extensive tax fraud from 2011 to 2021 and seeks to bar Trump, Trump Jr., Eric Trump, and Ivanka Trump from serving as an Parties and nonparties should adhere to the Electronically Stored Information (ESI) Guidelines set forth in Appendix A hereto. (required only where the motion relates to disclosure or to a bill of particulars), Pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of this motion. Counsel at all court appearances should be fully familiar with the case, fully prepared to discuss pending matters competently, authorized to enter into substantive and procedural agreements on behalf of their clients, and authorized to enter into a disposition of the case. 202.20-h Pre-Trial Memoranda, Exhibit Book and Requests for Jury Instructions. The parties shall make all motions in limine no later than ten days prior to the scheduled pre-trial conference date, and the motions shall be returnable on the date of the pre-trial conference, unless otherwise directed by the court. Effective February 1, 2021, significant amendments were made to the Uniform Rules for the Trial Courts, 22 N.Y.C.R.R. To withdraw a motion pending in the Submission Part, the movant must electronically file Historical Note An attorney admitted pro hac vice in an action, an unrepresented litigant, or a person who has been authorized in writing by an owner or owners of real property to submit a petition as provided in section 730 of the Real Property Tax Law and who has been licensed to engage in such business as required by the jurisdiction in which the business is operated (hereinafter "small claims assessment review filing agent") may also register as an authorized e-filing user, but solely for purposes of such action or, in the case of a small claims assessment review filing agent, solely for those proceedings under section 730 of the Real Property Tax Law in which he or she has been authorized to submit a petition. (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. (4) The likely importance or significance of the testimony of the witness to the claims and defenses at issue in the litigation. Documents in a foreign language shall be translated as required by CPLR 2101(b). The request shall be served on all other parties and filed with the clerk for transmittal to the assigned judge. A copy of all such application papers shall be served on the insurance carrier that is liable for the payment of claims under the Workers' Compensation Law. If the defendant appears at the conference without counsel, the court shall treat the defendant as having made a motion to proceed as a poor person and shall determine whether permission to so appear shall be granted pursuant to the standards set forth in CPLR 1101. The assignment of time or time interval, and the length of time allotted to a case is solely in the discretion of the court. In the event the parties wish to deviate from the language in Appendix B, Paragraph 18, they shall submit to the Court a red-line of the proposed changes and a written explanation of why the deviations are warranted in connection with the pending matter. Section 202.20-h Pre-Trial Memoranda, Exhibit Book and Requests for Jury Instructions. WebThe Judges' Part Rules online is updated daily to provide the most current information available. 202.71 Section 202.71 Recognition of Tribal Court Judgments, Decrees and Orders 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. Section 202.66 Workers' compensation settlements. The Provisions of NYCRR 202.20-b(a)(1) limiting the number of depositions taken by plaintiffs, or by defendants, or by third-party defendants, shall not apply to matrimonial actions. filed Sept. 22, 1993 eff. (1) For every responsive pleading, the party preparing the responsive pleading shall interlineate each allegation of the pleading to which it is responding with the partys response to that allegation, and in doing so, shall preserve the content and numbering of the allegation. (5) In subsequent rounds, the first exercise of peremptory challenges shall alternate from side to side. a financial account number, including a credit and/or debit card number, a bank account number, an investment account number, and/or an insurance account number (including a health insurance account number), except the last four digits or letters thereof. In addition to notifying the court of a settlement or discontinuance, counsel shall withdraw any pending motions and any pending appeals. The parties preferences would ordinarily be given presumptive weight. (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; All trial counsel shall remain in attendance at all stages of the trial until the jury retires to deliberate, unless excused by the judge presiding. filed Feb. 23, 1987 eff. Historical Note produce a document stating clearly and concisely the issues asserted in the (iii) Correction. Section 202.56 Medical, dental and podiatric malpractice actions; special rules. The request shall state the title of the action; index number; names, addresses and telephone numbers of all attorneys appearing in the action; and the nature of the action. 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. (a) Trial Judge. 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. Alternative Dispute Resolution (ADR); Settlement Conference Before a Justice Other Than the Justice Assigned to the Case. The court shall also provide in such mailing a copy of the current Consumer Bill of Rights published by the New York State Department of Financial Services pursuant to RPAPL 1303-3-a. 5. (d) Consultation Regarding Expert Testimony. process to lessen the amount of time required to complete discovery and to reduce For the purposes of this section, a cooperative or condominium apartment building shall be considered income-producing property; an owner-occupied business property shall be considered income-producing as determined by the amount reasonably allocable for rent, but the petitioner is not required to make an estimate of rental income. Added Dec. 29. (i) either (A) an employee of the State or of a political subdivision thereof, or (B) an attorney who represents or has represented the respondent in a criminal court; 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 including depositions, are both proportional and reasonable in light of the (a) Applicability of Part 202 and Section 202.16. There shall be no adjournment of a trial except for good cause shown. filed: Sept. 5, 1986; Oct. 24, 1988; Sept. 17, 1991 eff. (l) Transcription for Appeal. 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