Prior to approving such allowances, the court shall require written proof of the nature and extent of such services. The depository shall furnish monthly statements to the receiver or assignee and to the attorney for the receiver or the assignee. 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. 2020, effective February 1, 2021. The notice must be signed by both the attorney of record and the trial counsel. 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. (1) A non-exhaustive list of considerations for determining whether a case is reasonably likely to include electronic discovery is: The Notice shall further provide that the defendant contact the court by telephone, no later than seven days before the conference is scheduled, to advise whether the defendant will be able to attend the scheduled conference. . Fees and expenses of experts shall include appraisal, accounting, actuarial, investigative and other fees and expenses (including costs for processing of NYSCEF documents because of the inability of a self-represented party that desires to e-file to have computer access or afford internet accessibility) to enable a spouse to carry on or defend a matrimonial action or proceeding in the Supreme Court. Such service shall be accompanied by a notice, in a form approved by the Chief Administrator, advising the recipient that the action is subject to electronic filing pursuant to this section. In order for a party to a court action or proceeding to use the EDDS to transmit one or more court documents to a court, such party must: (1) have use of a computer or other electronic device that permits access to the Internet, an email address and telephone number, and a scanner to digitize documents or some other device by which to convert documents into an electronically transmissible form; and. 2020, effective February 1, 2021. If the court appoints defendant counsel pursuant to CPLR 1102(a), it shall adjourn the conference to a date certain for appearance of counsel and settlement discussions, and otherwise shall proceed with the conference. (2) The assignee's attorney shall file a written notice of appearance as soon as possible, but not later than 10 days after being retained. . 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. 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. 202.1 Application of Part; waiver; additional rules; . 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. Unless otherwise directed by the court, any document placed in restricted status in response to such a request shall be returned to public view upon expiration of this five day period. (d) All checks by a receiver or assignee for the withdrawal of moneys shall be numbered consecutively. (b) The proposed order of reference shall be presented in duplicate, and a signed original order shall be delivered to the referee. (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. The court will rule upon the objections to the contested exhibits at the earliest possible time. 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. Sworn statements of net worth, except as provided in subdivision (k) of this section, exchanged and filed with the court pursuant to section 236 of the Domestic Relations Law, shall be in substantial compliance with the Statement of Net Worth form contained in appendix A of this Part. Rule 14-a. 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. The case shall be assigned to a judge as soon as practicable after the filing of the request for judicial intervention pursuant to section 202.6 of this Part, but in no event later than the return date. Every notice or subpoena for the taking of a videotaped deposition shall state that it is to be videotaped and the name and address of the videotape operator and of the operator's employer, if any. (2) E-filing in an action after commencement. 202.20-g Rulings at Disclosure Conferences. (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. (2) Emergency exception. (b) Applicability. (a) If requested by the Court, counsel shall submit pre-trial memoranda at such time as the court may set. (c) Notwithstanding the failure of any party to oppose the application, no preference shall be granted by default unless the court finds that the action is entitled to a preference. Hon. WebLizzie is skilled in using international arbitration to resolve complex, high-value disputes. The Chief Administrator may take such further action as she deems fit with respect to such case or cases, including but not limited to (a) placing a case on a delinquency calendar; (b) providing case information to a housing counseling agency or agencies; and (c) ordering a status conference. 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 Upon the filing of the schedule and inventory, the amount of the bond shall be determined finally. Settlement and Pretrial Conferences. If you do not respond to the lawsuit, the court may enter a money judgment against you. Amended Rule 26 on July 01, 2017, Amended 202.70(d) and added Appendix C on July 01, 2017, Amended Rules 10, 11, and added Exhibit A on Oct. 11, 2017 effective Jan 1, 2018, Amended (d)(2) and added Appendix D on Oct. 26, 2017 effective Jan 1, 2018, Amended Rule 11-g & added Appendix E on Mar. In setting schedules for the conduct of litigation of actions revived pursuant to CPLR 214-g, and in a manner consistent with the goal of timely adjudication of such actions, judges and other court personnel should be mindful of (1) the impact upon the litigation of pending proceedings addressing insurance coverage issues relating to the parties; (2) the difficulties inherent in document, deposition, and other discovery in matters of this type and age; and (3) the benefits of appropriate use of ADR programs to facilitate early resolution of disputes. The assignment of time or time interval, and the length of time allotted to a case is solely in the discretion of the court. The submission of direct testimony in affidavit form shall not affect any right to conduct cross-examination or re-direct examination of the witness. Section 202.28 Discontinuance of Civil Actions and Notice to the Court. 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 (c) During discovery, interrogatories other than those seeking information described in paragraph (b) above may only be served (1) if the parties consent, or (2) if ordered by the court for good cause shown. (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. (c) In any accelerated action, the court shall deem the parties to have irrevocably waived: (1) any objections based on lack of personal jurisdiction or the doctrine of forum non conveniens; (3) the right to recover punitive or exemplary damages; (4) the right to any interlocutory appeal; and. Section 202.69 Coordination of related actions pending in more than one judicial district. At the end of the period, all challenges for cause to any prospective juror on the Panel must have been exercised by respective counsel. (i) Consent of the parties required. The court may permit counsel to leave, provided that counsel remain in telephone contact with the court. (1) In all actions or proceedings to which this section of the rules is applicable, a preliminary conference shall be ordered by the court to be held within 45 days after the action has been assigned. OVERVIEW . (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. Section 202.65 Registration of title to real property; sales of real estate under court direction. (1) Designation. (2) Neither party shall transfer, encumber, assign, remove, withdraw or in any way dispose of any tax deferred funds, stocks or other assets held in any individual retirement accounts, 401K accounts, profit sharing plans, Keogh accounts, or any other pension or retirement account, and the parties shall further refrain from applying for or requesting the payment of retirement benefits or annuity payments of any kind, without the consent of the other party in writing, or upon further order of the court, except that any party who is already in pay status may continue to receive such payments thereunder. (i) Notwithstanding subdivision (f) of this section, upon receipt of an offer for all or a substantial part of the assets, an assignee may for good cause shown make application to the court for leave to sell at a private sale in lieu of a public auction sale. (a) Every receiver or assignee who, as such, receives any funds shall promptly deposit them in a checking account or in an interest-bearing account, as determined by the court, in a bank or trust company designated by the court. (1) Every paper served on another party or filed or submitted to the court in a matrimonial action shall be signed as provided in section 130-1.1a of this Title. The challenged jurors shall be replaced, and a new round shall commence. The RJI shall contain the name, address, telephone number and e-mail address, if available, of the defendant in the action, and the name of the mortgage servicer, and shall request that a settlement conference be scheduled. 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. (c) Judgments submitted to the court shall be accompanied by a complete form UCS 111 (Child Support Summary Form). 202.5-b Electronic Filing in Supreme Court; Consensual Program There has been compliance with any order issued pursuant to section 202.12 of the Rules of the Chief Administrator (22 NYCRR 202.12). A single memorandum of no more than 7,000 words shall be submitted by each side. and instructions in the Unified Court System Uncontested Divorce Packet as set forth in Section 202.27-a Proof of Default Judgment in Consumer Credit Matters (Uniform Civil Rules for the Supreme Court and the County Court). The petition may be filed with the County Clerk by ordinary mail. Historical Note (3) Exemption of counsel upon a showing of good cause. Sec. (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. The hearing officer in a small claims sidewalk assessment review proceeding shall transmit one copy of the decision and order, by ordinary mail, to the petitioner, the Commissioner of Transportation of the City of New York or the commissioner's designee, and the assessment review clerk of the court. filed Jan. 9, 1986; amds. an appropriate deed or other conveyance of title, and all other forms necessary to record such deed or other title documents (including the satisfaction or refinance of any mortgage if necessary) to convey ownership of the marital residence located at _____________________________, no later than _____________________; OR Not applicable; and it is further. (i) Technical Failures. (2) The Chief Administrator may authorize the establishment in any court of special categories of actions and proceedings, including but not limited to matrimonial actions, medical malpractice actions, tax assessment review proceedings, condemnation actions and actions requiring protracted consideration, for assignment to judges specially assigned to hear such actions or proceedings. This subdivision shall not be construed to extend any jurisdictional limitations period. 9. Matrimonial actions; calendar control of financial disclosure . Section 202.20-b Limitations on Depositions. MSC is mandatory for all cases in the Commercial Division unless the assigned justice to the case, for good cause shown, exempts the case from MSC under this Rule. Since its inception, the Commercial Division has implemented rules, procedures and forms especially designed to address the unique problems of commercial practice. (d) Training. 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. (d) Where the plaintiff is a debt buyer, the plaintiff must submit the AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF, the AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR and, if applicable, the AFFIDAVIT OF PURCHASE AND SALE OF ACCOUNT BY DEBT SELLER for each debt seller who owned the debt prior to the plaintiff. (x) the anticipated cost and burden of data recovery and proposed initial allocation of such cost. (c) Counterclaims and Cross-Claims. 8. (h) Motions in actions to which this section is applicable made after the preliminary conference has been scheduled, may be denied unless there is shown good cause why such relief is warranted before the preliminary conference is held. iii. The cost of such expert witness shall be paid by a party or parties as the court shall direct. (b) Counsel, including self-represented litigants, are under a continuing obligation to notify the court as promptly as possible in the event that an action is settled, discontinued or otherwise disposed of or if a case or motion has become wholly or partially moot, or if a party has died or filed a petition in bankruptcy. A. To that end, parties are encouraged to utilize the form protocol for remote deposition, which is reproduced as Appendix G to these rules, as a basis for reaching the parties agreed protocol. Further, counsel for all parties who appear at the preliminary conference must be sufficiently versed in matters relating to their clients' technological systems to discuss competently all issues relating to electronic discovery: counsel may bring a client representative or outside expert to assist in such e-discovery discussions. (i) When documents are filed. (a) Applicability. The filing of a consent to e-filing hereunder shall not constitute an appearance in the action under CPLR 320. (4) Appraisal reports shall comply with any official form for appraisal reports that may be prescribed by the Chief Administrator of the Courts. (f) The individual(s) designated must testify about information known or reasonably available to the entity. It can also be mandatory for all citizens in the case of national plans. (5) Neither party shall change the beneficiaries of any existing life insurance policies, and each party shall maintain the existing life insurance, automobile insurance, homeowners and renters insurance policies in full force and effect. . Counsel shall, prior to or at the compliance conference, submit to the court a writing with respect to any resolutions reached, which the court shall so order if approved and in proper form. Upon request of a party, the court may permit that direct testimony of that party's own witness in a non-jury trial or evidentiary hearing be submitted in affidavit form, provided, however, that the opposing party shall have the right to object to statements in the direct testimony affidavit, and the court shall rule on such objections, just as if the statements had been made orally in open court. Motions in Limine. 2020, effective February 1, 2021. state with reasonable particularity the grounds for any objection to production. Amendedsections 202.12(b) and 202.12(c)(3) on Sept 23, 2013, 202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference. (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. State alleged medical specialty of each individual defendant, if known. There shall be such parts of court as may be authorized from time to time by the Chief Administrator of the Courts. Where an order for relief pursuant to section 503 of Title 11 of the United States Code has been entered, the assignee shall file with the clerk a certified copy of such petition in bankruptcy, together with proof by affidavit on the part of the assignee showing that he has turned over all assets of the assigned estate to the trustee or receiver in bankruptcy. (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). (a) To the maximum extent possible, discovery disputes should be resolved through informal procedures, such as conferences, as opposed to motion practice. (1) The deposition shall begin by one of the attorneys or the operator stating on camera: (ii) the name and address of the operator's employer; (iii) the date, the time and place of the deposition; and. Counsel may be permitted to ask follow-up questions. (3) A hearing officer shall disqualify himself or herself from hearing a matter where a conflict exists as defined by the Public Officers Law or, with respect to small claims tax assessment review hearing officers, by subdivision 2 of section 731 of the Real Property Tax Law. However, in the case of the taking of a deposition upon notice by audio recording alone, any party, at least five days before the date noticed for taking the deposition, may apply to the court for an order establishing additional or alternate procedures for the taking of such audio deposition, and upon the making of the application, the deposition may be taken only in accordance with the court order. As far as practicable, the application shall be brought in the county in which it arose. 202.68 Proceedings Involving Custody of an Indian Child 202.31 Identification of trial counsel Section 202.8-g Motions for Summary Judgment; Statements of Material Facts. Staggered court appearances are a mechanism to increase efficiency in the courts and to decrease lawyers time waiting for a matter to be called by the courts. Any party may move to modify or vacate the notice fixing the time and place of examination or the notice naming the examining medical providers, within 10 days of the receipt thereof, on the grounds that the time or place fixed or the medical provider named is objectionable, or that the nature of the action is such that the interests of justice will not be served by an examination, exchange of medical reports or delivery of authorizations. (d) Where typewritten or handwritten, affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 20 pages each; and reply affidavits, affirmations, and memoranda shall be limited to 10 pages each and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief. (c) On the return of the application, the court may hear the matter forthwith or schedule the matter for later hearing if affidavits in opposition to the compromise show that the amount is grossly inadequate in view of the injuries involved, the potential monetary recovery against the third party and the possible exposure of the insuring body to future claims by the plaintiff- petitioner arising out of the same accident. filed: Sept. 17, 1991; July 20, 1994; Aug. 20, 1996; Jan. 8, 1998; May 29, 1998 eff. 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. (i) Upon the filing of an assignment, the court, upon application, may stay any prospective sale or transfer to enforce a lien against property in the custody of the court, whether by a secured creditor, a judgment creditor, a lienor or otherwise. (3) if the named entity designates more than one individual, it must set out the matters on which each individual will testify. Counsel should clearly separate exhibits from each other by using divider pages with the exhibit number. Copies of these reports and the required authorizations shall be served and delivered with the bill of particulars by the party seeking to recover. Unless otherwise directed in the Courts individual part rules, plaintiffs exhibits shall be tabbed numerically, and defendants exhibits shall be tabbed alphabetically. If all parties sign the form and return it to the court before the scheduled preliminary conference, such form shall be "so ordered" by the court, and, unless the court orders otherwise, the scheduled preliminary conference shall be cancelled. The court may order a referee to hear and determine such a special proceeding. If the bill of particulars, papers served pursuant to CPLR 3045, and information required by CPLR 3101(d)(1)(i) are not available, but later become available, they shall be filed with the court simultaneously when served on other parties. (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. 2, 2014, Amended (d)-(e) on Jul 1 2014, effective September 2, 2014, Added Rule 11-b of section 202.70(g) on Jul 8, 2014, effective September 2, 2014, Amended (a) on Jul 14, 2014, effective September 2, 2014, Amended Rule 8 on Jul 16, 2014, effective September 2, 2014, Added Rule 34 on Aug 6, 2014, effective September 2, 2014, Added Rule 11-c & Appendix A on Aug 8, 2014, effective September 2, 2014, Amended Rules 8(b) & 11(c) and Added Rule 11-d on December 23, 2014, applicable to all cases filed in the Commercial Division on and after April 1, 2015, Added Preamble on Jan 6, 2015, effective April 1, 2015, Amended Rule 14 on Jan 9, 2015, effective April 1, 2015, Added Rule 11-e on Jan 22, 2015, effective April 1, 2015, Amended section 202.70(g) on October 5, 2015, Amended Rule 11-d of and added Rule 11-f onOctober 8, 2015, Amended (b)(12) and (c) on October 14, 2015, effective December 1, 2015, Amended Rule 3 May 26, 2016, effective July 1, 2016, Amended Rule 14-a on Jun 2, effective July 1, 2016, Added Rule 11-g & Appendix B Jun 16, effective July 1, 2016, Amended Rule 20 on July 01, 2017