Whenever documents are filed electronically that require the payment of a filing fee, the person who files the documents shall provide therewith, in payment of the fee: (i) such credit card information as shall be required at the NYSCEF site to permit a card to be charged by the County Clerk; or (ii) the form or information required by the County Clerk to permit him or her to debit an account maintained with the County Clerk by an attorney or law firm appearing for a party to the action; or (iii) such information as shall be required at the NYSCEF site to permit an automated clearing house debit to be made; or (iv) any other form of payment authorized by the Chief Administrator. 202.64 Election Law proceedings If service is made in hard copy by any such method and a copy of the order or judgment and notice of its entry and proof of such hard copy service are thereafter filed with the NYSCEF site, transmission by NYSCEF of notification of receipt of those documents shall not constitute additional service of the notice of entry on the parties to whom the notification is sent. Where a cross-motion is made, reply affidavits, affirmations, briefs or memoranda of the party who made the principal motion shall be limited to 4,200 words when prepared by use of a computer or to 10 pages when typewritten or handwritten. (c)Since the court is setting aside a specific time slot for the case to be heard and since there are occasions when the courts electronic or other notification system fails or occasions when a party fails to receive the court-generated notification, each attorney who receives notification of an appearance on a specific date and time is responsible for notifying all other parties by e-mail that the matter is scheduled to be heard on that assigned date and time. 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. (3) When an assignee is removed, voluntarily or involuntarily, and another person has been appointed as assignee, a certified copy of the order shall be filed with the clerk of the county where the original assignment was recorded. A note of issue may not be filed until such reports have been filed. Hon. The movant shall specify in the notice of motion, order to show cause, and in a concluding section of a memorandum of law, the exact relief sought. This section shall apply to every tax assessment review proceeding brought pursuant to title 1 of Article 7 of the real Property Tax Law in a county within the City of New York. Except as set forth in subdivision (b), the monetary thresholds of the Commercial Division, exclusive of punitive damages, interest, costs, disbursements and counsel fees claimed, are established as follows: Actions in which the principal claims involve or consist of the following will be heard in the Commercial Division provided that the monetary threshold is met or equitable or declaratory relief is sought: (1) Breach of contract or fiduciary duty, fraud, misrepresentation, business tort (e.g., unfair competition), or statutory and/or common law violation where the breach or violation is alleged to arise out of business dealings (e.g., sales of assets or securities; corporate restructuring; partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive covenants; and employment agreements not including claims that principally involve alleged discriminatory practices); (2) Transactions governed by the Uniform Commercial Code (exclusive of those concerning individual cooperative or condominium units); (3) Transactions involving commercial real property, including Yellowstone injunctions and excluding actions for the payment of rent only; (4) Shareholder derivative actions -- without consideration of the monetary threshold; (5) Commercial class actions -- without consideration of the monetary threshold; (6) Business transactions involving or arising out of dealings with commercial banks and other financial institutions; (7) Internal affairs of business organizations; (8) Malpractice by accountants or actuaries, and legal malpractice arising out of representation in commercial matters; (10) Commercial insurance coverage (e.g. Default Judgment and Judgment of Foreclosure and Sale (1) The Court may require that electronically submitted memoranda of law include hyperlinks to cited court decisions, statutes, rules, regulations, treatises, and other legal authorities in either legal research databases to which the Court has access or in state or federal government websites. (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; Documents may be transmitted at any time of the day or night to the NYSCEF site. A party requesting oral argument shall set forth such request in its notice of motion or in its order to show cause or on the first page of the answering papers, as the case may be. (1) In all proceedings for the determination of the value of property taken pursuant to eminent domain, the exchange of appraisal reports shall be accomplished in the same manner as provided for the exchange of such reports by section 202.59(g) and 202.60(g) of this Part, except that such reports shall be filed no later than nine months after service of the claim, demand or notice of appearance required by section 503 of the Eminent Domain Procedure Law unless otherwise extended by the court. 202.33 Conduct of the voir dire Actions may be removed to courts of limited jurisdiction without consent pursuant to the provisions of CPLR 325(d) as follows: (a) from the Supreme Court in counties within the First, Second, Eleventh and Twelfth Judicial Districts to the Civil Court of the City of New York; (b) from the Supreme Court in counties within the Ninth Judicial District to county and city courts within such counties; (c) from the Supreme Court in counties within the Tenth Judicial District to county courts within such counties; (d) from the Supreme Court in counties within the Third Judicial Department to county and city courts within such counties; (e) from the Supreme Court in counties within the Fourth Judicial Department to county and city courts within such counties; (f) from the County Court of Broome County to the City Court of Binghamton; (g) from the County Court of Albany County to the City Court of Albany; (h) from the Supreme Court and County Court of Nassau County to the District Court of Nassau County and to the city courts within such county; and. (j) The court, in its discretion, at any time may order such conferences as the court may deem helpful or necessary in any matter before the court. (c) Audit. (i) Additional Requirements with Respect to Uncontested Matrimonial Actions. (2) Notice of the time and place of the hearing before a referee appointed to take and state an assignee's account or to hear and report on a referred issue of fact shall be given by mail, with the postage thereon prepaid, at least 20 days before the date specified in said notice, to the assignor, the assignee's surety and to each creditor whose name appears on the books of the assignor or on the schedule, or who has presented his or her claim or address to the assignee, and to each attorney who has appeared for any person interested in the assigned estate. (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. Judges to whom actions and proceedings are assigned pursuant to the individual assignment system may schedule calls of any calendars they have established at such times as they deem appropriate. In the latter case, they must be specifically taken and entered in the minutes. (3) the time and manner of the filing of the written transcript of the record of all prior proceedings shall be determined by the Appellate Division to which the proceeding is transferred. (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.). Neither the court nor the court clerk will be responsible for notifying the parties of scheduled court appearances, although the court or the court clerk may do so at their discretion. (c) Every brief, memorandum, affirmation, and affidavit which was prepared by use of a computer shall include on a page attached to the end of the applicable document, a certification by the counsel who has filed the document setting forth the number of words in the document and certifying that the document complies with the word count limit. (iv) Are the cost and burden of preserving and producing ESI proportionate to the amount in controversy; and In the case of a small claims sidewalk assessment review proceeding, where the order grants the petition in full or in part, the assessment review clerk shall mail a copy of the decision and order to the Collector of the City of New York. (6) Decisions, orders and judgments. 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. complaint, and shall provide instructions as to what must be done to effectuate a Where the requested charge is from the New York Pattern Jury Instructions--Civil, a reference to the PJI number will suffice. (e) The requesting party shall promptly defray the reasonable expenses associated with a non-partys production of ESI, in accordance with CPLR 3111 and 3122(d). An e-filing party causes service of an interlocutory document to be made upon another party participating in e-filing by filing the document electronically. 202.28 Discontinuance of actions Joseph A. Santorelli (i) No action or proceeding to which this section is applicable shall be deemed ready for trial unless there is compliance with the provisions of this section and any order issued pursuant thereto. Amended (c)(1) and (c)(2) on Aug. 16, 2004. The failure of counsel to comply with this rule may result in the motion being held in abeyance until the court has an opportunity to conference the matter. Currently a Senior Registered Foreign Lawyer (England and Wales) in Allen & Overys Asia-Pacific Arbitration Group based in Hong Kong, she previously practised at Three Crowns in Upon good cause shown, the court may allocate the costs to the requesting party. . The proponent of the videotaped deposition shall have the responsibility of providing whatever equipment and personnel may be necessary for presenting such videotape deposition. The court, in its discretion, may also require submission of a stenographic transcript of the portion of the deposition to which objection is made, and may read such transcript in lieu of reviewing the videotape or audio copy. filed April 30, 1999; amd. There has been a reasonable opportunity to complete the foregoing proceedings. 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. (a) Form of Motion Papers. 202.6 Request for judicial intervention New York is the center of world commerce, the headquarters of international finance, the home of Americas leading businesses. (d) Assignment to the Commercial Division. 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. (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. 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. For the avoidance of doubt, the safety of the parties and the witness shall take priority over all other criteria. filed Oct. 13, 1999 eff. Registration of title to real property; sales of real estate . Local court rules, not inconsistent with law or with these rules, shall comply with Part 9 of the Rules of the Chief Judge (22 NYCRR Part 9). Hyperlinks may not provide access to documents filed under seal or otherwise not in the public record. (2) Authority. (h) Reports of Pending Motions in the Supreme Court. This subdivision shall not apply to a reference to a special referee or a judicial hearing officer or to a reference to a referee in an uncontested matrimonial action. (b) Consistent with the requirements of Rule 11-c, counsel for all parties who appear at the preliminary conference shall be sufficiently versed in matters relating to their clients technological systems to discuss competently all issues relating to electronic discovery. Direct Testimony by Affidavit. Prior to the pretrial conference, counsel shall confer in a good faith effort to identify matters not in contention, resolve disputed questions without need for court intervention and further discuss settlement of the case. COUNTY/CITY OF __________, COUNTY OF ______________ INDEX NO. Rule 13. The hearing officer shall schedule hearings in the evening at the request of any party, unless special circumstances require otherwise. 7. (c) By agreement of the parties to a date no later than the date set for the commencement of depositions, or at such time set by the Court, a date certain shall be fixed for the completion of document production by the responding party. (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. (c) Adjournment of Motions. (4) Neither party shall cause the other party or the children of the marriage to be removed from any existing medical, hospital and dental insurance coverage, and each party shall maintain the existing medical, hospital and dental insurance coverage in full force and effect. (b) The judge may hear and determine the proceeding or assign it to a referee for hearing or decision, and such proceedings shall have preference over all other business of the part to which it is assigned or before the judge to whom it is assigned. Notwithstanding any other provision hereunder: (1) a party may not use the EDDS to transmit documents in a court action or proceeding in a court in a county in which consensual or mandatory e-filing is available in such an action or proceeding, except that EDDS may be used in such a county for the purpose of (i) converting a pending action to e-filing in accordance with section 202.5-b(2)(iv) of these rules, (ii) transmitting exhibits for a conference, hearing, or trial; or (iii) any other use as may be authorized by the Chief Administrator. Order of Reference & Default Judgment Hon. (g) Expert Witnesses and Other Trial Matters. (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) Prior to the identification of the prospective jurors to be seated in the jury box, counsel shall ask questions generally to all of the jurors in the room to determine whether any prospective juror in the room has knowledge of the subject matter, the parties, their attorneys or the prospective witnesses. iii. (3) Pursuant to NYCRR 202.26, in cases in which both parties are represented by counsel and each party has called, or intends to call, an expert witness on issues of finances (e.g., equitable distribution, maintenance, child support), the court may direct that, prior to, or during trial, counsel consult in good faith to identify those aspects of their respective experts testimony that are not in dispute. filed Jan. 9, 1986; amds. See Rule 12. 202.5-b. Alternatively, subject to meeting the jurisdictional and procedural requirements applicable to the Commercial Division and the federal courts, the parties to a contract may consent to the exclusive jurisdiction of either the Commercial Division of the Supreme Court or the federal courts in New York State by including such consent in their contract. review proceed. Prior to the commencement of jury selection, completed questionnaires shall be made available to counsel. (d) Consultation Regarding Expert Testimony. Whenever a County Clerk issues a transcript of judgment, which shall be in the form prescribed by law, such clerk shall at the same time issue a stub. (5) The report of the referee after a hearing of a disputed claim under the statute shall be filed with the clerk of the court and a copy served on each party to the proceeding. 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. If a preference is granted, the case shall be placed ahead of all nonpreferred cases pending as of that date, unless the court otherwise orders. Historical Note In such cases, the matter shall be marked settled subject to written consent of the insuring body, or the entry of an order pursuant to subdivision 5 of section 29 of the Workers' Compensation Law. The applicant must give notice, including copies of all supporting papers, to the opposing parties sufficient to permit them an opportunity to appear and contest the application. (3) Certification of Signature. Address: The paragraphs contained in Chapter III, Subchapter B of Subtitle D (Forms) of this Title, modified or deleted as may be necessary to conform to the law and facts in a particular action, shall be used in the preparation of " FINDINGS OF FACT AND CONCLUSIONS OF LAW," "JUDGMENT," or "REFEREE'S REPORT OF FINDINGS OF FACT AND CONCLUSIONS OF LAW." Section 202.21 Note of issue and certificate of readiness. Counsel shall make a good faith effort to reach agreement on these matters in advance of the conference. Alternative Dispute Resolution (ADR); Settlement Conference Before a Justice Other Than the Justice Assigned to the Case. 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. (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. (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. . Materials submitted in violation hereof will not be read or considered. 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. An alternative sample choice of forum provision to that effect can also be found at Appendix C to these Rules of the Commercial Division. Where a new trial is granted by an appellate court, a notice to reschedule shall be filed with the appropriate clerk. As to each unrepresented litigant, the clerk shall explain his or her options for e-filing in plain language, including the option for expedited processing, and shall inquire whether he or she wishes to participate, provided however the unrepresented litigant may participate in the e-filing program only upon his or her request, which shall be documented in the case file, after he or she has been presented with sufficient information in plain language concerning the program. (4) Procedures applicable to exempt attorneys and small claims assessment filing agents. filed Feb. 16, 1988 eff. If it does not, the party shall also indicate if it exceeds $2,000, exclusive of costs and interest. (k) Copyright, Confidentiality and Other Proprietary Rights. Agreements and protocols agreed upon by parties may be memorialized in a court order. 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. After such issues are disposed of, either or any party to the registration proceeding may apply to the appropriate part or judge, upon eight days' notice to all who have appeared in the registration proceeding, for a final order and judgment of registration, and on such application the court shall try all other issues in the proceeding not disposed of by the jury, or may refer any such issues undisposed of to be tried by an official examiner of title as referee. ", Historical Note Where unusual or unanticipated circumstances develop subsequent to the filing of a note of issue and certificate of readiness which require additional pretrial proceedings to prevent substantial prejudice, the court, upon motion supported by affidavit, may grant permission to conduct such necessary proceedings. (e) Applications for approval of an infant's or incapacitated person's compromise shall be made returnable before the judge who presided over the compromise or, where the agreement was reached out-of-court, before the appropriate assigned judge. 27, 2022, effective May 2, 2022, Amended Rule 11 on May 16, 2022, effective May 31, 2022, Amended Rule 6 on August 17, 2022, effective September 12, 2022, Amended Rule 16 on December 16, 2022, effective January 3, 2023, Amended Rule 5 on December 19, 2022, effective January 3, 2023, Amended Rule 2 on December 23, 2022, effective January 3, 2023, Section 202.71 Recognition of Tribal Court Judgments, Decrees and Orders. (v) identification of the individual(s) responsible for preservation of ESI; (b) Assignments. The following procedures shall govern all disclosure conferences conducted by non-judicial personnel. The jury Panel number for designated alternate jurors shall be equal to the number of alternates plus the maximum number of peremptory challenges allowed by the court or by statute that may be exercised by the parties. filed Oct. 13, 1999; amds. (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. The parties may make audio copies of the deposition and thereafter may purchase additional audio and audio-visual copies. (i) Albany County; or, (ii) the County of the petitioners residence; or. Jan. 24, 2002. (b) Each Response shall state: (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 objection(s) forms the basis for the responding partys 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. 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. 19, 2018, effective Jul 1, 2018, Added Rule 11-e (f) July 19, 2018, effective October 1, 2018, Added Rule 9-a July 25, 2018, effective October 1, 2018, Amended Rule 17 July 30, 2018, effective October 1, 2018, Amended Preamble November 19, 2018, effective January 1, 2019, Amended Rule 3(a) December 5, 2018, effective January 1, 2019, Amended Rule 10 March 22, 2019, effective July 1, 2019, Amended Rule 1 June 16, 2020, effective June 15, 2020, Amended Rule 11-gSeptember 23, 2020, effective October 13, 2020, Amended Rule 6 on September 29, 2020, effective November 16, 2020, Amended Rule 31 on January 21, 2021, effective March 1, 2021, Added Rule 35 on October 4, 2021, effective December 1, 2021, Added Rule 36 on October 19, 2021, effective December 13, 2021, Added Rule 37 & Appendix G on Dec. 7, 2021, effective December 15, 2021, Amended Rule 3(a) on Oct. 19, 2021, effective December 20, 2021, Amended Rule 30 on Jan. 7, 2022, effective February 1, 2022, Amended Rule 1, 8, 9, 11-c, 11-e, 11-g, and Appendices on Mar. 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. (2) The judge presiding at the preliminary conference shall take whatever action is warranted to expedite final disposition of the case, including but not limited to: (i) directing any party to utilize or comply by a date certain with any pretrial disclosure or bill of particulars procedure authorized by the Civil Practice Law and Rules; (ii) directing the parties to obtain appraisals and sales reports, and to exchange and file appraisal reports and sales reports by dates certain before the trial; (iii) directing the filing of a note of issue and certificate of readiness; (iv) fixing a date for trial, or by which the parties must be ready for trial; (vi) conducting conferences for the purpose of facilitating settlement; and. shall post prominently in the public areas of his or her office notice that filing of papers in order to commence an action or special proceeding must be with the county clerk. 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