Cited documents filed with NYSCEF that are accessible through bookmarks in the electronically submitted document need not also be hyperlinked. (5) The assessment review clerk shall make additional copies of the decision and order, as necessary, and, in the case of a small claims tax assessment review proceeding, shall transmit a copy to the clerk of each tax district relying on the assessment that is named in the petition and to the treasurer of any county in which any part of the real property is located. The action or proceeding then may be assigned to another judge for trial in a manner prescribed by the Chief Administrator. (2) Registering as an authorized e-filing user. Counsel for all parties shall consult prior to any preliminary or status conference on all issues likely to be addressed at the conference, including but not limited to (1) resolution of the case in whole or in part and early ADR; (2) outstanding issues relating to insurance coverage of the parties; (3) outstanding discovery issues, including the voluntary informal exchange of information for settlement purposes; (3) adoption of a confidentiality order; (4) scheduling; (5) anticipated use of experts; and (6) anticipated requests to obtain records from earlier cases related to the allegations in the revived case. Amended on June 13, 2022, effective effective July 1, 2022. For purposes of this section, clerk of the court shall mean the county clerk where the court is the Supreme Court or a County Court, and the chief clerk of the court where it is any other court. Before the note of issue and certificate of readiness may be filed, the petitioner shall have served on the respondent, in triplicate, a statement that the property is not income- producing, or a copy of a verified or certified statement of the income and expenses on the property for each tax year under review. On appeal, visual and audio depositions shall be transcribed in the same manner as other testimony and transcripts filed in the appellate court. 202.48 Submission of orders, judgments and decrees for signature (1) When settlement of an order or judgment is directed by the court, a copy of the proposed order or judgment with notice of settlement, returnable at the office of the clerk of the court in which the order or judgment was granted, or before the judge if the court has so directed or if the clerk is unavailable, shall be served on all parties either: (i) by personal service not less than five days before the date of settlement; or. (c) Adjournment of Motions. In the courts discretion, counsel may be requested to provide a copy of any submitted papers as the court directs. 202.51 Proof required in dissolution proceedings (5) After all prospective jurors in the Panel have been questioned, and all challenges for cause have been made, counsel for each party, one at a time beginning with counsel for the plaintiff, shall then exercise allowable peremptory challenges by alternately striking a single juror's name from a list or ballot passed back and forth between or among counsel until all challenges are exhausted or waived. Section 202.53 Trust accountings; procedure. A challenge for cause may be made by counsel to any party as soon as the reason therefor becomes apparent. If the deposition requires the use of more than one tape, the end of each tape and the beginning of each succeeding tape shall be announced by the operator. A separate affidavit will be required explaining such stated cause of difference. . Such notification shall provide the title of the document received, the date received, and the names of those appearing on the list of e-mail service addresses to whom that notification is being sent. Within 60 days after the service of the statement of income and expenses, the respondent, for the purpose of substantiating petitioner's statement of income and expenses, may request in writing an audit of the petitioner's books and records for the tax years under review. (3) The proposed judgments shall be numbered in the order in which they are received and submitted in sequence to the judge or referee. (1) The judge, assigned to the medical, dental or podiatric malpractice action, as soon as practicable after the filing of the notice of medical, dental or podiatric malpractice action, shall order and conduct a preliminary conference and shall take whatever action is warranted to expedite the final disposition of the case, including but not limited to: (i) directing any party to utilize or comply forthwith with any pretrial disclosure procedure authorized by the Civil Practice Law and Rules; (ii) fixing the date and time for such procedures, provided that all such procedures must be completed within 12 months of the filing of the notice of medical, dental or podiatric malpractice action unless otherwise ordered by the court; (iii) establishing a timetable for offers and depositions pursuant to CPLR 3101(d)(1)(ii); (iv) directing the filing of a note of issue and a certificate of readiness when the action otherwise is ready for trial provided that the filing of the note of issue and certificate of readiness, to the extent feasible, be no later than 18 months after the notice of medical, dental or podiatric malpractice action is filed; (vii) discussing and encouraging settlement, including use of the arbitration procedures set forth in CPLR 3045; (viii) limiting issues and recording stipulations of counsel; and. 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. A party may serve such documents electronically by filing them with the NYSCEF site and thus causing transmission by the site of notification of receipt of the documents, which shall constitute service thereof by the filer. Notwithstanding the foregoing, in an action for custody, visitation, contempt, order of protection or exclusive occupancy, however, except as provided in NYCRR 202.18, a party or a partys own witness may not testify on direct examination by affidavit. (ii) How service is made. The party causing the first paper to be filed shall communicate in writing the county clerk's index number forthwith to all other parties to the action. Failure to appear shall result in the petition being dismissed or in the petition being determined upon inquest by the hearing officer based upon the available evidence submitted. Historical Note Sec. 202.5-b Electronic Filing in Supreme Court; Consensual Program You should respond to the lawsuit as soon as possible by filing an answer. You may wish to contact an attorney. The application may be granted only after the court reviews the finances of the parties and an application for attorney's fees. . If the notice is served by the party to be examined, the examining parties shall, within five days of receipt thereof, submit to the party to be examined the name of the medical providers who will conduct the examination. Sept. 14, 1998. the date of an individual's birth, except the year thereof; iii. Sec. Expert disclosure provided after these dates without good cause will be precluded from use at trial. The court may further direct that any agreements reached in this regard shall be reduced to a written stipulation. Notwithstanding any other provision of this section, and subject to such guidelines as may be established by the Chief Administrator, the County Clerk or his or her designee may require or permit a party to file in hard copy, in accordance with procedures set by the County Clerk or designee, an exhibit or other document which it is impractical or inconvenient to file electronically. (1) Signing of a document. Supreme Court nominees, after being selected by the president must be approved by a simple majority vote (51 votes) of the Senate . Under Article II of the Constitution, the President of the United States alone is empowered to nominate Supreme Court Justices and the U.S. Senate is required to confirm those nominations. Sec. This notification shall be made in addition to the filing of a stipulation with the county clerk. Sec. (c) Automatic Orders. . Section 202.60 Tax assessment review proceedings in counties within the City of New York; special rules. (1) The Chief Administrator of the Courts shall establish Panels of small claims hearing officers found qualified to hear small claims tax assessment review proceedings pursuant to title 1-A of Article 7 of the Real Property Tax Law and Panels of small claims hearing officers found qualified to hear small claims sidewalk assessment review proceedings pursuant to section 19-152.3(d) of the Administrative Code of the City of New York. (1) In assignments for the benefit of creditors, the clerk shall keep a register and docket. injury and wrongful death, Testimony of court-appt expert witness in matrimonial action. The court may view such portions of the videotape recording as it deems pertinent to the objections made, or may listen to an audiotape recording. (1) Part 202 shall be applicable to civil actions and proceedings in the Supreme Court, including, but not limited to, matrimonial actions and proceedings, except as otherwise provided in this section 202.16 and in sections 202.16-a, 202.16-b, and 202.18, which sections shall control in the event of conflict. (4) Unless the court otherwise directs, the proof required by statute must be in writing, by affidavits, which shall include a sufficient factual statement to establish jurisdiction, as well as all elements of the cause of action warranting the relief sought. each produce a document stating each of the elements in the causes of action at A party seeking a preference pursuant to CPLR 3403(a)(3) in an action for damages for personal injuries or for causing death shall serve and file in support of the demand or application, whether in the note of issue or subsequent thereto, a copy of: (2) the complaint, answer and bill of particulars, conforming to CPLR 3043 and 3044; (3) each report required by this Part to be served by the parties relating to medical information; (4) a statement that the venue of the action was properly laid; and. See Section 202.8-e. (1) Within 90 days following service of the complaint, any party may seek assignment of a case to the Commercial Division by filing a Request for Judicial Intervention (RJI) that attaches a completed Commercial Division RJI Addendum certifying that the case meets the jurisdictional requirements for Commercial Division assignment set forth in subdivisions (a), (b) and (c) of this section. (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. (viii) claw-back or other provisions for privileged or protected ESI; Added (e)(1)(v) on December 23, 2015Effective March 1, 2016, Amended (a)(1) & added (a)(2) on Dec. 29. [Reserved] [Previous rule repealed in June 2020]. Section 202.20-h Pre-Trial Memoranda, Exhibit Book and Requests for Jury Instructions. County Court judge; ex parte applications in Sup. Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits of a motion are not permitted, except that counsel may inform the court by letter of the citation of any post-submission court decision that is relevant to the pending issues, but there shall be no additional argument. (c) Pre-trial Conference. Section 202.21 Note of issue and certificate of readiness. (check box if applicable). 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). A party who has commenced an action electronically shall serve upon the other parties together with the initiating documents a notice of e-filing in a form approved by the Chief Administrator. (c) Judgments submitted to the court shall be accompanied by a complete form UCS 111 (Child Support Summary Form). 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. (2) Definitions. (iv) Are the cost and burden of preserving and producing ESI proportionate to the amount in controversy; and If the request is granted, the assigned justice shall make appropriate arrangements for the designation of a settlement judge.. Motion to confirm or reject judicial hearing officer' s report . (d) Responsible Attorney. If the witness has not waived the right to a showing and examination of the videotape deposition, the witness shall also sign the certification in accordance with the provisions of section 3116 of the Civil Practice Law and Rules. 202.53 Trust accountings; procedure (2) Every petition, order, decree or other paper shall have endorsed on the outside the nature of such paper, the date of filing, and the name, number and page of the book in which the proceedings are entered by the clerk. The court presiding over a non-jury trial or hearing may direct that prior, or during, the trial or hearing, counsel for the parties consult in good faith to identify those aspects of their respective experts' anticipated testimony that are not in dispute. Where a case is reasonably likely to include electronic discovery counsel shall, prior to the preliminary conference, confer with regard to any anticipated electronic discovery issues. 202.62 Payment of eminent domain award to other than named award 202.17 Exchange of medical reports in pers. Amended (b). (3) Exemption of counsel upon a showing of good cause. Parties which use these sample provisions must satisfy all jurisdictional, procedural, and other requirements of the courts specified in the provisions. Prior to the commencement of jury selection, completed questionnaires shall be made available to counsel. Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of the relevant law. Thereafter such number shall appear on the outside cover and first page to the right of the caption of every paper tendered for filing in the action. (xi) Resource Center shall mean the NYSCEF Resource Center, the e-filing help center available at 646-386-3033 or efile@nycourts.gov and through the NYSCEF site. (b) By a date agreed to by the parties or at such time set by the Court, the responding party shall serve the Responses contemplated by Rule 11-e(a)(ii), which shall set forth specifically: (i) whether the objection(s) interposed pertains to all or part of the request being challenged; (ii) whether any documents or categories of documents are being withheld, and if so, which of the stated objections forms the basis for the responding party's decision to withhold otherwise responsive documents or categories of documents; and (iii) the manner in which the responding party intends to limit the scope of its production. 7. Adherence to Discovery Schedule, Expert Disclosure. filed March 25, 1987 eff. (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. Nothing in this section shall prevent a judge from exempting an attorney from having to file and serve documents electronically in accordance with this section upon a showing of good cause therefor. (a) Additional mailing of notice on an action arising from a consumer credit transaction. (1) all resolutions shall be dictated into the record, and either the transcript shall be submitted to the court to be so ordered, or the court shall otherwise enter an order incorporating the resolutions reached; (2) the parties shall prepare a writing setting forth the resolutions reached and submit the writing to the court for approval and signature by the justice presiding; or. Linda J. Kevins Pre-Trial Memoranda, Exhibit Book and Requests for Jury Instructions. Section 202.43 References of triable issues and proceedings to judicial hearing officers or referees. (e) Certification of Paper and Obligations of Counsel Appearing Before the Court. CPLR 2101(b). (b) Applicability. Also, a judgment will affect your credit score and can affect your ability to rent a home, find a job, or take out a loan. (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. (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. Except where the Chief Administrator authorizes use of electronic signatures, decisions, orders and judgments signed by a judge shall be signed in hard copy. (a) A notice or subpoena may name as a deponent a corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. (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). The court shall ensure that procedures are in place to enforce the duty to negotiate in good faith, as defined in CPLR Rule 3408(f), consistent with the mandates of CPLR Rule 3408(i), (j), and (k). (i) When documents are filed. How can companies ensure (3) Emergency exception; other hard copy filings. Documents may be filed or served electronically only by a person who has registered as an authorized e-filing user or as otherwise provided in this subdivision. 202.20-b Limitations on Depositions. To express their consent to have New York law apply to the contract between them, or any disputes under such contract, the parties may include specific language in their contract, such as: "THIS AGREEMENT AND ITS ENFORCEMENT, AND ANY CONTROVERSY ARISING OUT OF OR RELATING TO THE MAKING OR PERFORMANCE OF THIS AGREEMENT, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE OF NEW YORK, WITHOUT REGARD TO NEW YORK'S PRINCIPLES OF CONFLICTS OF LAW. (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. Notwithstanding paragraph (1) of this subdivision, an action otherwise required to be commenced electronically may or shall be commenced by the filing of initiating documents in hard copy where permitted or required by statute or court order, and may be so commenced provided such documents are accompanied by the affirmation or affidavit of the filing attorney or party stating that: (i) the statute of limitations will expire on the day the documents are being filed or on the following business day; and (ii) the attorney, party or filing agent therefor is unable to electronically file such documents because of technical problems with his or her computer equipment or Internet connection. Hon. (i) The paper does not have an index number; (3) Where parties are represented by counsel, only attorneys fully familiar with the action and authorized to make binding stipulations or commitments, or accompanied by a person empowered to act on behalf of the party represented, shall appear at the conference. (a) Counsel for all parties shall consult prior to a preliminary or compliance conference about (i) resolution of the case, in whole or in part; (ii) discovery and any other topics to be discussed at the conference, including electronic discovery, as set forth in Rule 11-c, and the timing and scope of expert disclosure under Rule 13(c); (iii) the use of alternate dispute resolution to resolve all or some issues in the litigation; and (iv) any voluntary and informal exchange of information that the parties agree would help aid early settlement of the case. The provisions of this Part shall be construed consistent with the Civil Practice Law and Rules (CPLR), and matters not covered by these provisions shall be governed by the CPLR. (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. (b) For purposes of this Rule, a hyperlink means an electronic link between one document and another, and a bookmark means an electronic link permitting navigation among different parts of a single document. (a) For each document request propounded, the responding party shall, in its Response and Objections served pursuant to CPLR 3122(a) (the Response), either: (1) state that the production is made as requested; or. (2) In an action subject to e-filing, any person may apply for an order prohibiting or restricting the electronic filing in the action of specifically identified materials on the grounds that such materials are subject to copyright or other proprietary rights, or trade secret or other privacy interests, and that electronic filing in the action is likely to result in substantial prejudice to those rights or interests. (e) Filing Note of Issue and Certificate of Readiness; Additional Requirements. Such means may include technology-assisted review, including predictive coding, in appropriate cases. 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