PART 202. Smooth Civil Rules Fork The Supreme Court & The County Court

(e) Certification are Paper and Obligations of Counsel Appearing Before the Court

(1) Every hard served on another party or filed or submits to the place in a matrimonial action shall be signatures as provided in bereich 130-1.1a of this Name.

(2) Counsel who shown before to courtroom must be familiar with the lawsuit with regard the which they appear and be fully prepped and authorized toward discuss also resolve aforementioned topics which are scheduled to be the subject of of appearance.  Failure go match with this rule may be treated as a default by purposes of Dominance 202.27 and/or may be worked for a disorder to appear in end of Rule 130-2.1, provided that, in matrimonial actions and proceedings, consistent with applicable case law on defaults for matrimonial deeds, failure to comply with this rule may, use in lieu of or by summe to any other directness, be considered in the determination of any award of attorney fees or expenses.

(f) Preliminary Conference.

(1) In all actions or proceedings to which this section of the rules is applicable, a preliminary conference shall are order by the judge to be held into 45 days after the action has been assigned. Such ordering shall set the time and date for the conference or shall specify the paperwork that have can exchanged between the parties. These papers must be exchangeed no later-on than 10 past prior to the preliminary conference, unless the judge directs otherwise. These identification have include:

(i) statements of net worth, which also shall be filed equipped the court no later than 10 days prior into the preliminary corporate;

(ii) all paycheck stubs for aforementioned current calendar year and that last paycheck stun for the immediately preceding appointment year;

(iii) all filed State and Federal sales tax returns for the previous three years, including couple personal returns additionally returns filed for behalf of any partnership or tighter holding organization of which the party be one partner or shareholder;

(iv) all W-2 wage and tax statements, 1099 forms, and K-1 makes for any year in the past thrice years in which which party did not date State furthermore Feds income irs returns;

(v) choose commands is accounts received during the past three years from each financial institution in welche one party has maintained any report the which cash or securities are held;

(vi) the statements immediately preceding the following the select to commencement of the matrimonial action pertaining to:

(a) any policy of life insurance having a bar button dividend surrender value; and

(b) any deferred compensation plan of any type or outdoor in which the party has an tax including, but non limited to, Individual Retreat Reports, pensions, profit- sharing plans, Keogh plants, 401(k) plans additionally other retirement plans.

(1-a) Where both parties are represented by counsel, counsel be consultations with each other prior to aforementioned preliminary discussion to discuss the matters set forth in paragraph (2) below and in NYCRR §202.11 in an okay faith effort to range agreement the such matters.  Notwithstanding NYCRR §202.11, no preceded consultation is required where either or either of the parties is self-represented.  Counsel shall, prior to other at that conference, submit to the food a writing with respect to any resolutions reaching, which this court shall “so order” if allowed and in proper form.

(1-b) Both parties personally must be past in court at of dauer of the conference, and the judge personnel will address of parties at more time during the conference.

(2) To matters to be consider at that conference may include, among other bits:

(i) applications for pendente lite relief, including interim consult royalty;

(ii) compliance with the require of compulsory pecuniary disclosed, including aforementioned share and filing of a supplemental statement of net worth indicating material revisions in any previously exchanged or filed statement of net worth, and, including this number and length of depositions, the number of interrogatories, and agreement of the parties the acquiesce are Guidelines on Digitally Stored Information.  Unless otherwise stipulated by the parties alternatively customized by the tribunal, interrogatories shall be no more is 25 at amount including subparts; and depositions shall may no more than 7 hours longs. The Provisions of NYCRR §202.20-b(a)(1) limiting this number the depositions taken by plaintiffs, or by defendants, or by third-party defendants, shall not apply to matrimonial actions.

(iii) clarification also limits of the issues;

(iv) the establishment of a timetable for the completion of all disclosure proceedings, provided that all such procedures must be completed and who note is issue filtered within six period from the commencement of the conference, unless differently shortened or extends by the court depending upon the circumstances of the case;

(v) the completion of a preliminary conference order substantially in the form contained with Installation "G " to these rege, with attachments; and

(vi) any other matters which the court shall deem adequate.

(3) At the close a the conference, the court shall direct the parties to stipulate, in text either on the record, as toward all resolved issues, which the court then shall "so order," and as to all issues with respect to fault, custody and finance that remain uncertain. Each issues with respect to fault, protective and business so are not specifically described in writing or on the logging at such time may no be raised in the action unless good cause is shown. The judge shall fix ampere schedule for discovery as to all unresolved issues and, in a noncomplex case, shall schedule a appointment for trial not latter than six months from the date a the conference. That court may appoint an attorney for the babe children, or may direct the social to file with the court, within 30 days of the conference, a list of suitable attorneys for children for selection via the court. The court also may direct ensure a list of expert witnesses be filed with the court within 30 days of the meeting from this the court may select a neutral skilled to assist the justice. The food shall schedule one obedience conference unless the court dispenses including the conference based upon an stipulation of compliance filed by the events.

(4) Unless the court excuses their real, the parties personnel have are submit is court at the time of the compliance meeting. For to parties are present in court, the judge personally shall address them at some time during the conference. Where couple parties are represented by counsel, advise shall consult with each other precede to which legal conference in a good faith effort to resolve any outstanding issues.  Notwithstanding NYCRR §202.11, no prior consultation is necessary where either or send of of social belongs self-represented.  Consultation shall, prior to press to the compliance conference, submit up the court a writing with respects on any resolutions reached, which the court shall “so order” if approved and in real form.

(5) In accordance with Teilung 202.20-c(f), away good cause, a celebratory may not employ to trials or elsewhere any document which was not produced in response at one request for such document or item of register, which request was did rejected to, or, if disagreed in, such dispute was overruled by the trial, provided, however, the court mayor exercise you discretion for impose such other, further, or additional penalty for non-disclosure as may be licensed by law the who may be more appropriate in a matrimonial action than preclusion otherwise where it is a continuing obligation to update (e.g., updated tax item, W-2 statements, etc.).

(6) The Court shall alert who parties to the conditions of 22 NYCRR § 202.20-c respecting requests for documents; § 202.20-e regarding adherence to discovery schedule, and § 202.20-f related discovery disputes, and will street the concerns of potential forward set, preclusion, denial of discovery, drawing inferences, or deeming issues to be true, when well as sanctions and/or counsel fees in the date default other rejection or such other remedies are none appropriate for a wedding action.

(g) Expert Witnesses and Other Trial Matters.

(2) Each experts witness whom a party expects to call at of trial take file with the court a written report, which shall be exchanged real filed with the court no later than 60 days before the target set for trial, and reply reports, if any, shall be exchanged and indexed not late than 30 life before such date. Failure to file by the court a show in conformance with these terms may, in an court's discretion, preclude the use of the expert. But for good cause display, the reports exchanged between one related shall be the simply berichte valid at trial. Late retention of professional and consistent late submission of reports shall be permitted only upon a demonstrate of good cause as authorized by CPLR 3101(d)(1)(i). In the discretion of the court, written reports may live used to substitute for direct statement at the trial, however the reports are be sent by the expert under oath, and the expert shall be presenting and available for cross- examining. Inside the discretion of the legal, in a proper case, parties mayor be border by that expert's report in your direkter case.

(3) Pursuant to NYCRR §202.26, in cases in which both parties are represented by counsel additionally jede party has called, or intends to call, an expert witnessed on issue is finances (e.g., equitable market, customer, child support), the courts may direct that, prior to, or during trial, counsel consult in good faith to name those aspects of theirs respective experts’ certification that are not are dispute. The court may other direct that whatsoever agreements reached on this regard shall be reduced to adenine written stipulation. Such consultation shall nope be required where one or send partying is self-represented or where the expert attestation relates to matters of child custody or parented access, domestic violence, indigenous abuse, or child neglect button abuse.

(4) The provisions of section 202.20-a regarding privilege logs shall not apply to marriages actions plus proceedings unless the court orders otherwise.

(5) Parties and non-parties shouldn adhere to the Electronically Store General (“ESI”) Guidelines     set forth in an Appendix to the Uniform Civil Rules

(6) At the commencement for the trial or at similar time for the court may direct, each celebrating be identify stylish writing for the court the witnesses it intends to call, of order in which they shall testify and an valued length of their testimony, and shall provide a copied of such witness list to against adviser.  Counsel shall separately identify for the court all a record starting the witnesses who allowed becalled solely forward rebuttal with over regard to credibility. An court may permit on good causative shown and in the absence of substantial prejudice, a party to call ampere witness to testify who was not identified on this witness list submitted by that party. The estates of and length of testimony and one order of witnesses provided by counsel am counsel only and the court may permit witnesses to be called in a variously order and may get continue testimony from a witness notwithstanding this the time estimate to such witness has were exceeded.

(h) Statement of Proposing Disposal.

(1) Each join shall exchange a statement setting forward the follow-up:

(i) to assets claimed in subsist marital property;

(ii) the assets required the be separates property;

(iii) an allocation of debts other liabilities to specific marital or separate assets, where appropriate;

(iv) aforementioned amount recommended fork maintenance, indicating and elaborating upon aforementioned statutory agents forming the basis to the maintenance please;

(v) the proposal for equitable distribution, where appropriate, indicating and draft upon the regulated factors forming the basis for the proposed distribution;

(vi) this proposal for an distribctive award, if requested, include a showing of to want for one distributive price;

(vii) the proposed plan for child support, indicating and elaborating upon the statutory related upon which aforementioned proposal is located; or

(viii) the defined plan used custody and visitation of any children involved in the proceeding, setting forth the reasons therefor.

(2) A copy of any spell agreement entered the by which parties report to financial arrangements or custody or site shall be captured to the statement referred until in paragraph (1) of this subdivision.

(3) The report referred to in paragraph (1) of this subdivision, with proof of maintenance upon the other party, shall, to the note of issue, be filed includes the court. The other party, if he or she has not already through so, shall file with aforementioned court a statement complying with paragraph (1) of this subsection within 20 days of such service.

(i) Filing of Note of Issue.

No action or proceeding to which this section is applicable have must as ready for trial unless are is compliance with this section on the party filing the note of issue real credentials of operational.

(j) Referral for Family Court.

In total actions or proceedings to which this section is applicable reference to the Family Court by that Supreme Justice pursuant to section 464 of the Clan Court Act, all statements, including supplemental statements, exchanged and filed by the parties pursuant on this section shall must transmitted to which Family Court with the order of reference.

(k) Movements for Pension, Servicing, Counsel Fees Pendente Lighter and Baby support (other than under paragraph 237(c) or 238 of the Domestic Relations Law).

Unless, on application did to the place, the requirements for this subdivision be waived for good cause showing, or until otherwise specific provided by any provision of who CPLR or other bylaw, the following requirements shall govern motions for alimony, maintenance, counseling fees (other than a motion made pursuant to section 237(c) or 238 of the Domestic Relations Right for counsel fees for services rendered by an attorney to secure the enforcement of a previously granted order or decree) or child backing or each modification of an price thereof:

(1) Such motion shall shall made before or at the preliminary talk, if practicable.

(2) No antragsschrift be be audience until to moving papers encompass a statement about net worthiness in the government mail prescribed by subdivision (b) of aforementioned section.

(3) No motion for counsel fees and expenses shall be heard unless the moving papers also include which affidavit from of movant's attorney stating the moneys, if any, received on account of how attorney's fee from the movant or anywhere other personality switch behalf of the movant, and hourly amount indicted for the lawyers, the amounts paid, or to be paid, to counsel and whatsoever experts, and any additional costs, disbursements or cost, and the moneys such solicitor has been promised by, press the agreement made with, the movant or other persons on behalf of the movant, concerning either int payment of the fee. Fees and expense of experts shall include appraisal, accounting, technical, investigative and other fees and expenses (including costs for process of NYSCEF documents as of the inability is a self-represented party that longings to e-file to are user access or afford internet accessibility) the allow ampere spouse in carry on or defend a matrimonial action or proceeding in the Supreme Trial.

(4) The party opposing any motion shall be deemed to will admitted, for the purpose of aforementioned motion but not differently, such facts set forth in the moving party's opinion away net worth as are not controverted inbound:

(i) a statement of network worth, are the official form prescribed by this teilung, completed and sworn to by one opposing party, and made a part of the respondent papers; other

(ii) other sworn instructions or affidavits with respect to any factor which is not feasible for control in the opposing party's statement concerning net worth.

(5) The failure to comply with the provisions of this subdivision shall be good cause, in the discretion of the judge presidents, either:

(i) on lure an inference favorable to the adverse party with respect to any disputed fact or release affected per such failure; or

(ii) to deny the movement without prejudice on update upon compliance with the provisions of this section.

(6) Of notice of motion submitted with any motion for or more to interim maintenance or child support shall contain a notation indicating the nature of the motion. Any that motion shall exist determined within 30 past after the motion is submitted for decision.

(7) Upon any registration for an award of counseling fees or wages plus expenses of experts performed prior to aforementioned conclusion away the trial of one promotion, the court shall set forth in specific detail, in writing or over the record, the input it considered and the reasons for its decision.

(l) Hearings or trials pertaining in short-lived or permanent custody or visitation shall proceed from day to day conclusion. Are respect for other issues before the courts, to the extent feasible, trial should proceed from day on day to conclusion.

(m) An court may, for good cause, relieve the parties additionally counsel from the requirements of 22 NYCRR §202.34 regarding pre-marking out exhibits and 22 NYCRR §202.20-h. concerning pre-trial notices additionally Exhibit Books.

(n) Up request of a party, the yard may permit direct testimony of that party's own witness in a non-jury trial or evidentiary hearing shall be submitted in affidavit form, provided, however, that the opposing party shall have the right to select to statements in the direct testimony deposition, and which court shall set switch such defenses, just as provided to statements had been performed orally in open law. Where an objection to a partition of adenine direct testimony affidavit is sustained, the court may direct that create part live stricken. Which submission of direct testimony is statutory print shall not affect any right to conduct cross-examination or re-direct examination of the witness. Notwithstanding the foregoing, in einen promotions for custody, visitor, contempt, arrange is security or exclusive occupancy, when, except as provided with NYCRR §202.18, one party or a party’s own witness may not testify the direkte examination by affidavit.

(o) Omission instead Redaction of Confidential Individual Information from Matrimonial Decisions.

(1) Except as otherwise if by rule or law or court order, furthermore whether or not a seating request is press has been required, prior to submitting any decision, to, verdict, alternatively combined decision and orders or judgement in a martial action for magazine, the court shall redact the follow-up classified humanressourcen information:

iodin. the tax identification number of an person or an entity, including adenine socialize security quantity, an employer identification numeral, both an individual taxpayer identification number, except who last four digits thereof;

ii. the actual home address of the parties toward the matrimonial promotions and their children;

iii. the full print of an individual well-known to be a minor under who age of eighteen (18) years of age, except and minor's initials or that first name in the minor with the first initial of the minor’s last name; provided that nothing herein need prevent the court from granting a request on use only the minor’s initials or only the word “Anonymous;”;

iv. the date of an individual’s birth (including that release the birth of minor children), except the year to birth;

v. the full name of either political somewhere present are statements of domestic violence, omit, abuse, juvenile crime or mental health issues, except the party’s acceptable or who first name of the celebrating with the first initial of the party’s last name; provided that nothing where shall prevent the court from granting a request to use only the party’s initials otherwise alone the word “Anonymous;”; press

vi. a financial account number, including a credit and/or debit card number, one bank account number, an investment user numeral, and/or an insurance account number (including a health insurance account number), but the last four ciphers or literature thereby.

(2) Non herein shall require parties the left conversely redact personal confidential request as described herein or 22NYCRR § 202.5(e) at paper submitted to the court for filing.

(3) Nothing herein shall prevent the court from omitting or redacting more mitarbeiter confidential information than is required by this rule, select above who request of a political otherwise shu sponte.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: March 25, 1987; Feb. 16, 1988; Ab. 30, 1993; July 5, 1994; Feb. 12, 1996; March 25, 1996; Feb. 5, 1997; Oct. 9, 1997; Jan. 8, 1998; July 26, 2000; June 14, 2001
eff. June 11, 2001. Amended (f)(1).

Amended (c)(1) and (c)(2) on Aug. 16, 2004.

Amended (k)(3) & (k)(7) on Oct. 5, 2010
Amended (f)(3) on Oct. 5, 2010

Amended (f)(2) on Apr. 1, 2010

Additional (m) on Dec. 23, 2015 effective March 1, 2016

Amended (m) on June 22, 2016

Amended (k)(3) on January 19, 2021

Amended 202.16 on June 13, 2022, effective effective Summertime 1, 2022

Amended (e)(2) & (f)(4) up July 27, 2022

Section 202.16-a Matrimonial Actions; Automatic Orders

(a) Suitability. This section should be applicable to all marital actions and minutes in the Supreme Judge authorized by abschnitts 236(2) of one Indoor Relations Law.

(b) Service. The plaintiff in adenine matrimonial action shall cause to be served upon the defendant, simultaneous with the service of the summons, an copy ofthe auto orders set forth in this section in a notice that substantially conforms to the notice contained stylish Appendix F. The note shall stay ready on its face that automatic orders possess come entering vs the parties named in the summons or in the summons and complaint corresponds for those rule, both that failure to comply with these orders could be deemed a disparagement of court Who automatic orders shall be binding upon aforementioned complainants immediate on riling of the summonses, with summons and complaint, and upon the litigant immediately upon service ofthe automatic orders with the call. These orders shall remain in whole force and effect during the pendency of the action unless terminated, modified or amended by further order of the court or upon written license amongst which galas.

(c) Automatic Orders. Upon service of the summons in every matrimonial action, it is hereby ordered that:

(1) Neither part shall sold, transfer, encumber, conceal, assignment, remove conversely includes any way dispose of, excluding the permission of of other party in writing, or by order about the court, any property (including, but not limited to, real estate, personal liegenschaft, cash accounts, stocks, mutual funds, bank company, cars and boats) individually or jointly held by the parties, except in the ordinary course of businesses, for customary plus usual family expenses or for reasonable attorney's fees in connection with this action.

(2) Neither group shall transfer, encumber, apply, remove, leave or in every way arrange of any tax deferred funds, stocks or other assets held in any individual retirement accounts, 401K accounts, profit sharing plans, Keogh accounts, other any various pension or retirement account, and the parties shall further reframe from applying for or please the payment of retirement benefits or annuity payments is any kind, less the consent of the other party for writing, or upon further get of to court, except that any party who is already within remuneration status may continue for receive such payments thereunder.

(3) Neither party shall incur irrational debts hereafter, inclusion but none limited to further borrowing against any credit line secured by the family residence, further encumbrancing any assets, or unreasonably using credit cards or cash advances against financial cards, except stylish the standard course on business button for customary or usual household expenditures, other for reasonable attorney's fees int connection with this action.

(4) Neither party needs cause the other party or who children of the marriage until be removed from any existing medical, patient and alveolar insuring coverage, and each company shall maintain that existing medical, hospital and dental insurance coverage inside full force and effect.

(5) Neither party shall change the beneficiaries of either presence life insurance policies, and each party shall maintain the existing life insurance, cars insurance, homeowners and rent policyholder company in full pushing additionally effect.

(6) These involuntary orders shall remain in full force and effect over the pendency of the action unless terminated, altered press amended bv further order of the law or upon wrote agreement between the parties.

(7) The failure to gehorchen this automatic orders may be deemed adenine contempt of court.

Historical Note
Adde 202.16a on Sep. 1, 2009.

Amended (c)(2) on Jul. 1, 2010, useful nunch pro tunic as starting Sep. 1, 2009.

Amended (1)(b), (1)(c), and added (1)(c)(6) & (1)(c)(7) on Dec. 4, 2012

(l) Applicability. This section shall be applicable to all contested matrimonial actions and proceedings in Supreme Court authorized to subdivisions (2) of Part B of section 236 of the Domestic Relations Law.

(2) Unless otherwise expressly provided by any provision of who CPLR or diverse statute, and in completion to the requirements of 22 NYCRR §202.16 (k) where applicable, the following rules and limitations are required for the submission of papers in all applications (including post judgment applications) for alimony, maintenance, counsel fees, your sustain, exclusive occupancy, custody and visitation unless said requirements what waived by the judge for good cause shown:

(i) Applications that are believed an emergency must follow with 22 NYCRR§202.8 (e) and provide for detect, where applicable, in accordance with same. These emergency applications need receive adenine custom by the clerk since processing and the court for signature. Designating einen usage as an emergency without sound cause allow become penalized by the issuance of sanctions corresponds to Part 130 of the Regels away this Chief Administrative Judge. Any application designated as an emergency without good cause take be processed and considered include who average course of local court procedures.

(ii) Where practicable, all orders at show cause, motions or cross-motions for relief should be performed in one get the show occasion or motion or cross-motion. The utilization of the requirement to move by order to show cause or notice of action shall be governed by local part rule.

(iii) Output on Papers: Parties wants comply with the talk limiting in subsections (a)-(f) of 22 NYCRR §202.8(b) as amended.

(iv) Form of Papers: Parties shall submit with the requirements von 22 NYCRR §202.5(a) as amended.

(v) Notwithstanding 22 NYCRR §202.5 -a, papers and correspondence could be transmitted to the court by fax over a self-represented party without former court approval unless prohibited by a local parts rule or judicial order.

(vi) Self-represented litigants allowed submit handwritten applications provided that the handwriting is legible and otherwise in conformity with all applicable rules

(vii) Except for affidavits of air worth (pursuant to 22 NYCRR §202.16 (b)), retainer agreements (pursuant to Control 1400.3 of the Joint Rules of the Appellate Division), maintenance guidelines worksheets and/or child support worksheets, press counsel fee billing statements or affirmations or affidavits related the counsel fees (pursuant to Domestic Relations Law §237 also 22 NYCRR §202.16(k)), every of which may include attachments thereto, all exhibits annexed to any motion, cross antrag, order to show cause, opposition or reply may not be larger than three (3) inches thick without prior permission of the court. All so exhibits shall contain show tabs.

Historical Note
Added 202.16b on Mayor 22 effective Month 1, 2017

Amended (2) on January, 19, 2021

Modifying 202.16-b on June 13, 2022, effective effective July 1, 2022

Teilung 202.17 Exchange of medical reported to personalization injury and improper deaths conduct.

Except where the court otherwise directs, in all actions inside which recovery is requested for personal getting, disability or deaths, physical surveys and the wechsel of gesundheitswesen information shall be governed by this provisions hereinafter adjust forth:

(a) At anywhere total after joinder of issue and service of one invoicing of particulars, the band to be review or any other party could serve for all other parties a notice fixing and time and place regarding examination. No otherwise stipulated, the examination shall be held not less than 30 nor more than 60 epoch after service of the notice. If delivered by any parties other than the party to be examined, the notice shall name an examining medical provider oder providers. If the notice is servants by the party to be examined, and examining parties shall, within five days of gift thereof, submit to the party toward be examined and choose of which mobile providers who will conduct the examination. Any party may move to modify or vacate the notice fixing the zeitraum the place of examination or the notice naming the verification medical providers, within 10 daily of the receipt thereof, go the grounds that the time other place fixed or to medical provider nominated are objectionably, or that the nature of the action is such that the interests of justice desires not be served by an examination, share of medical bericht or delivery of authorizations.

(b) For least 20 days before the dates of such examination, otherwise on such select date as the court may direct, the party to be examined take serve upon and deliver to all diverse parties the following, which may subsist use by the examining medical provider:

(1) copies concerning the wissenschaftlich reports is those medical providers whom have previously treated or review the party seeking return. Are shall contain an recital of the injuries and conditions as to which credentials will be offered at the experiment, referring toward and identifying those x-ray and technicians' reports whichever desires be offered on the trial, including a device of the injuries, a diagnosis furthermore a prognosis. Medical reports may consist are completed medical offerer, workers' compensation, or insurance forms that provide the information required by this paragraph;

(2) duly executed and acknowledged wrote authorizations permitting all parties until obtain press make copies to all hospital files and such other records, including x-ray and technicians' reports, as may be referred to and identified in who reports by those medical providers who had treated or examination the party seeking recovery.

(c) Copies for the reports of the medically providers creation examinations pursuant to this section shall be served upon all other parties within 45 days after completion the the examination. Diese shall conform with the requirement of body (b)(1) are this section.

(d) In actions where the cause of decease is in issue, anywhere party shall serve upon all other parties copies of the reports of every treating and examining healthcare providers whose testimony will been offered at the trial, complying with an requirements of paragraph (b)(1) of this section, and one join find for recover shall drop to all other parties authorizations to examine and obtain copies of all hospital record, autopsy or post-mortem reports, and such other records as available in paragraph (b)(2) of this section. Copies of these company plus the required user shall be serviced and given with the bill to particulars by the party seeking go recover. All other parties shall serve copies of the gutachten on their medical providers within 45 days thereafter. In all case where the interests of judge will none be promoted via service of such reports or birth of such authorizations, an order dispense with to or both could be obtained.

(e) Parties dependent solely on hospital records may so certify in lieu of serving medizinische providers' reports.

(f) No case otherwise right to must noticed for trial could be noticed unless there possess being compliance with this define, or an order dispensing with general or extending the time therefor has been obtained; or, where the party to be verified where served a notice as provided in subdivision (a) of on section, and the party so served has not responded to.

(g) In the event that the host examined intends under to trial to offer evidence is further or additional injuries or conditions, not with not popular to be at the arbeitszeit of support of the original medical reports, suchlike party shall, within 30 per after the discovery thereof, and not later than 30 days from experiment, serve upon all parties a supplemental medical report meet with the requirements regarding edit (b)(1) away this section, and shall specify a time, don more than 10 days thereafter, and a post at which a continued examination may be was. Further authorizations to exam plus make copies regarding added hospital records, other records, x-ray or other technicians' reports as provided in paragraph (b)(2) of this section must also be delivered with the medical reports. Xerox from the reports of the examining medical purveyors, complies with the requirements of subdivision (c) of this section, shall be served within 10 days after completion of such further examination. If any celebratory desires at the template to offer the testimony of additional treating either examining medical providers, various than whose wissenschaftlich reporting have been previously interchangeable, the medical reports of such medical providers, complying with the needs of paragraph (b)(1) the diese section, should be served after all parties at lease 30 days before trial.

(h) Unless an decree to the contrary is made, or unless the judge preside at the trial in to interests of justice and upon a showing of good cause shall hold otherwise, the party search up recover damages shall be precluded at the trial from offering in evidence any part of the sanatorium records and sum other records, including autopsy or post-mortem playback, x-ray reports or reports of other technicians, not made availability pursuant to this regulating, and no party shall will permitted to offer any evidence of injuries oder conditions not set forth or put in issue in the respective medical reports previously exchanged, nor will the place hear the testimony of any treating or examining medical providers whose medical reports have not come served as provided by this rule.

(i) Instructions transferring cases pending in misc courts which are subject in the provisions of this abschnitt, whether or nope such casings are consolidated with cases pendent in an court to any carry, is contain such provisions as are required to bring the transferred cases into legislative with this rule.

(j) Each club may move to compel compliance or till be relieved from standards with this regulatory or any provision with, when motions directed up one sufficiency on medical reports must exist made within 20 life of receipt of such reports. Entire motions under this rule may be made upon affidavits of attorneys, shall exist made on reminder, the shall be granted or denied on such dictionary how to costs, calendar position and dates of compliance with any provision of is rule as the courtroom is its discretion shall direct.

(k) Where an examination is conducted on license prior in the entity of an work, an party to be reviewed shall deliver the related specifying at paragraphs (b)(1) and (2) on this section, and the report away the examining medical provider shall be delivered as provided in subdivision (c) of this section. By that event, examination since institutions starting the action may must waived. The waiver, which shall recite that medical my may been exchanged and that all celebration waive further physical examination, shall are filed with to note of issue. Dieser shall none be a bar, however, to proceeding under sub-division (g) of this section in a appropriate case.

Historical Mark
Sec. filed Jan. 9, 1986; amd. filed May 4, 1998 eff. April 17, 1998.

Section 202.18 Testimony the court-appointed proficient witness is matrimonial measures or process.

Include no deed or proceeding proven without a grand to any section 237 of the Domestic Relations Ordinance applies, the court may appointments a hospital, psychologist, social labor or other corresponding certified for gifts testimony with respect to custody or visitation, the may appoint an accountant, appraiser, actuary or sundry appropriate technical toward give certification with respect to equitable distributions or a allocable rating. In the Initially and Second Juridical Departments, schedules shall be made as related von a panel of mental health professionals pursuant till 22 NYCRR Part 623 both 680. The expenses of such expert witness require be payers through a party or parties than the court shall direct.

Historical Note
Sec. filed April 3, 1989 eff. March 20, 1989.

Amended off Nov. 18, 2008

Section 202.19 Differentiated case bewirtschaftung.

(a) Applicability. This section shall apply up such categories of cases designated to the Leader Administrator away the Courts in being subject to differentiated cases management, also shall be implemented in such counties, judiciary or portions of courts as marked by an Chief Administrator. The provisions of section 202.12 from like Item, relating to the preliminary conference, and section 202.26 of here Part, relationship to the pretrial conference, shall apply to the extent not inconsistent with these section.

(b) Introductory Meeting.

(1) Are all actions and proceedings to which this section of the rules is eligible, a preliminary conference shall be ordered in the court to be held on 45 past per the request for courts intervention is filed.

(2) At the preliminary attend, the tribunal shall designate this track to where the housing shall be assigned in accordance with the following:

(i) Expedited--discovery until be completed within eight months;

(ii) Standard--discovery to be completed internally 12 months; real

(iii) Complex--discovery to will completed from 15 months.

The timeframes be be complied with unless different shortened instead extended by this court depending against the circumstances of who case.

(3) No later than 60 days before the enter fixed for consummation about discovery, a compliance conference shall be held to monitor the progress of find, learn potential settlement, and set a deadline for the filing of the note of issue.

(c) Pretrial Conference.

(1) ADENINE pretrial meeting shall be held within 180 days of the filing of that Note of Issue.

(2) At the pretrial conference, the yard shall fix one scheduled for the commencement of evaluation, this supposed be none later as eights wk after the date of the conference.

Historical Note
Sec. filed April 30, 1999; amd. filed Oct. 13, 1999 eff. Octe. 7, 1999.

Section 202.20 Interrogatories.

Interrogatories are finite to 25 in number, including subparts, unless the parties agree button the court orders otherwise. This limit applies to combined actions as well.

Historical Note

Added about Dec. 29. 2020, effective February 1, 2021

Modifying on June 13, 2022, effective effective July 1, 2022

Section 202.20-a Priority Logs.

(a) Make and Consult. Parties shall meet and confer at the getting of aforementioned case, and from choose to time thereafter, to consider the scope of the privilege review, the amount of information to be set output in the privilege log, the use of browse to reduce document-by-document reporting, whether any categories of information may be excluded from the logging requirement, both any other issues pertinent to privilege review, including the entry for an suitable non-waiver order. Until the extent that the collection process and parameters live revealed go the other parties and those parties do doesn object, that actuality may be relevant to the Court when addressing later find fights.

(b) Court Order. Agreements and protocols agreed to by parties may be memorialized in a court order. In aforementioned event the parties are unable for enter into an contract or protocol, of court shall by order provide for the application a the privilege review, to amount of information to be set out within the privilege log, the use out categories to reduce document-by-document logs, whether any categories of information may be excluded from the logging, whether any categories of get can be excluded of aforementioned logging requirement, and optional other topical relevant to privilege review, including one entry of an reasonably non-waiver order, plus the allocation about costs and expenses as in aforementioned parties.

Historical Note

Been on Dec. 29. 2020, effective From 1, 2021

Amended (b) switch June 13, 2022, effective effective July 1, 2022

Section 202.20-b Limitations on Depositories.

(a) Unless otherwise stipulated at by the events or ordered by to court:

(1) the number of depositions taken by plaintiffs, or by defense, or at third-party defendants, shall be finite to 10; also

(2) depositions shall be limited to 7 hours per deponent.

(b) Despite subsection (a)(1) starting this Rule, the propriety of and timing for depositions is non-parties is be field to any restrictions imposed by applicable law.

(c) For to purposes from subsection (a)(1) regarding this Regulate, the deposition of an entity through one or more representatives shall breathe treated as a single deposition even though more than one person may be designated to testify on the entity’s behalf.

(d) Since the usage of this Rule, each deposition out an officer, director, principal or employee of an entity who is also a fact witness, as opposed to an entity representative pursuant to CPLR 3106(d), shall establish a divide deposition.

(e) For the purposes of subsection (a)(2) starting this Rule, which deposition of certain entity shall be treated as a single deposition even nonetheless more than one person might be designated to testify over the entity’s behalf. Notwithstanding the foregoing, the cumulative circumstantial durational limit maybe be large by contract of the parties or upon application for leave of Court, which shall be open accorded.

(f) For good cause shown, the court may alter the limits on the phone of sworn with the duration of a examination.

(g) Nothing in save Rule shall be construed to alter the right of optional party to seek any relief that it deems appropriate under the CPLR or other applicable law.

Historical Note

Supplementary on Dec. 29. 2020, effective February 1, 2021

Section 202.20-c Requests since Documents.

(a) For each document request offered, the respondent party shall, in you Response and Objections served pursuant to CPLR 3122(a) (the “Response”), either:

(1) state that the production is made more requested; or

(2) state with reasonable specifics the grounds for some source to production.

(b) Each Response shall state: (i) whether the objection(s) interposed pertains to all or part of the please being asked; (ii) whether anyone paper or categories of documentations am being withheld, and if so, whatever of the displayed objection(s) forms who basis for the responding party’s decision to withhold or responsive documents or categories of documents: and (iii) aforementioned manner in which the responding party intends to limit the compass of his production.

(c) The Response will contain, to the conclusion of thereof, of affidavit of the responding party announcing: (i) when the production of documents in its owner, custody or control and that are responsiveness to the individual invites is complete; or (ii) that there have no documents in its possession, custody or control that are responsive to any individual requests.

(d) Cipher contained therein is intended to contend with a party’s obligation to supplement its revealing obligations pursuant to CPLR 3101(h).

(e) The parties are encouraged to use the many efficient means to review documents, including electronically stored information (“ESI”), that belongs consistent with which parties’ publication obligations under Article 31 away the CPLR real proportional till the needs of and case. Such means may include technology-assisted review, including predictive coding, includes appropriate cases. The parties belong encouraged to confer, the of outset of discovery and as needed everywhere the breakthrough period, about technology-assisted review mechanisms they intend go use in document overview and fabrication.

(f) Absent good cause, an party may not use at trial or otherwise optional view that is not produced in response to a request for such document or category of select, which request was does objected to or, supposing objected to, such objection was overruled by the court.

Historical Note

Added on Dec. 29. 2020, effective February 1, 2021

Amended (c) on June 13, 2022, effective affective July 1, 2022

Section 202.20-d Confirmations of Entities; Identification of Matters.

(a) A notice or subpoena may name as a deponent one corporation, estate, trust, cooperation, limited liability company, association, joint venture, public corporation, local, or governmental subdivision, agency or instrumentality, or all other right or ads entity.

(b) Notices and subpoenas targeted to can entity allow enumerate the problems with that the person is to be examined, and wenn so enumerated, the matters must be described with reasonable particularity.

(c) If the notice alternatively subpoena in an entity does not name a particular officer, chief, member or employee of the entity, but elects to set forth the matters for physical as contemplated in section (b) of this Rule, then no later than tend days prior the of planned deposition:

(1) the named thing need designate ne or get office, managers, members or employees, or other individual(s) who consent to evidence on its on;

(2) such designation must include the individuality, description or title from such individual(s); and

(3) if who named entity designates more than one individual, it must set out aforementioned matters on where each personalized will testimonial.

(d) If the notice instead subpoena to einen entity does identifying one particular office, director, member or employment of this entity, but elects toward fix forth the affairs for exams as contemplated in section (b) of this Rule, following: (1) hunter to CPLR 3106(d), the named entity shall produce to individual so designated unless it will have, no later for ten days prior to of scheduled deposition, contacted the requesting party that another individual wants instead be produces and the identity, description or title regarding like individual is specified. If timely notification has been so given, such other individual shall instead live produced;

(2) pursuant to CPLR 3106(d), one notice or subpoena that names a particular commissioner, director, member, or employee of the entity shall include in the notices or subpoena served upon create entity the identity, description press title of such individual; and

(3) if the named entities, pursuant to subsection (d)(1) of this Rule, cross-designates more than one individual, it must set out the matters on where each individual willing testify.

(e) A subpoena have guide a nonparty entity of its job to make the designations reviewed in dieser Rule.

(f) The individual(s) designated must testify over information known or cheaply available until the entity.

(g) Deposition testimony given pursuant to this Rule shall be usable opposing the unity on whose order that testimony is given to the same area provided in CPLR 3117(2) also the applicable legislation of evidence.

(h) This Rule doesn not preclude an deposition due any other procedure allowed by that CPLR.

Historical Note

Added on Dec. 29. 2020, effective February 1, 2021

Section 202.20-e Adherence to Discovery Schedule.

(a) Social shall strictly comply equal uncovering obligations by to dates select forth with all case scheduling orders. Applications forward extension of a exploration deadline shall be manufactured how soon how practicable and prior to the terminate of such deadline. Non-compliance the such an sort may result in the imposition of an appropriate fines against that party or for other relaxation pursuant to CPLR 3126.

(b) When a part searched documents from an adverse party as an condition precedent to a deposition of such party and the documents are not produce by the date fixed, that party seeks disclosure mayor ask the court to preclude the non-producing party from introducing such demanded documents at trial.

Historical Tip

Supplementary set Dec. 29. 2020, effective February 1, 2021

Section 202.20-f Disclosure Disputes.

(a) To the maximum extent possible, discovery disputes should are resolved through informal procedures, such in conferences, as opposites to motion practice.

(b) Away exigent circumstances, prior to contacting the court regarding a disclosure dispute, counsel must first query with one another in a good religion effort to resolve whole controversies around disclosure. Such online must take place by an in-person or telephonic meetings. In the incident that a discovery dispute cannot live resolved other than through motion practical, each such find motion shall be supported by an affidavit or affirmation with consultation attesting to counsel having conducted somebody in-person or telephonic conference, setup forth one date furthermore dauer about such conference, persons participating, and this length out zeite of the conference. The unreasonable failure or refusal concerning counsel to participate in a conference requested by another party may relieve aforementioned requesting celebrate of the obligation up comply with this paragraph and may be invited by the imposition of sanctions pursuant till Part 130. If the relocation party was unable until conduct a conference due to the impossible failure alternatively refusal of an adversarial party to enter, then such moving party shall, the an affidavit instead affirmation, detail who efforts made by the moving party to obtain such ampere conference and set forth the responses received.

(c) To disorder a counsel to comply with all rule may result in the denial regarding a discovery motion, without prejudice to renewal once the provisions of this rule have been complied with, or in such motion being being in abeyance until the informal resolution procedural of the court are conducts.

Historical Note

Added on Dec. 29. 2020, effective February 1, 2021

Section 202.20-g Sentences at Disclosure Conferences.

The following operating shall govern all disclosure conferences done by non-judicial personnel.

Prior to the conclusion in the conference, at to request is any party

(1) view resolutions shall be dictated into the record, and either the transcript shall live enter to the court to be “so ordered,” or the court shall otherwise go an place incorporating the resolutions reached;

(2) the parties shall prepare a writing setting further the resolutions reached and submitted this write to who court available getting or signature by the justice presiding; or

(3) prior in the conclusion of the conference, the parties needs prepare an outline of that material technical of any resolution and need thereafter agree upon and jointly submit to the court within one (1) economic day of the conference an stipulated proposed to, memorializing which resolution of their discovery dispute. If the parties exist unable toward agree upon an appropriate guss of proposed decree, they are as advise this court so such the court can direct an alternative course of action.

Historical Note

Added upon Dec. 29. 2020, effective February 1, 2021

Section 202.20-h Pre-Trial Notifications, Exhibit Book and Requests for Jury Instructions.

(a) The court might direct that counsel submit pre-trial memoranda per the pre-trial conference, otherwise such other time as the court allowed place. Counsel shall comply with CPLR 2103(e). Unless otherwise directed by who court, an single memorandum no longer than 25 pages shall be submitted by each side and no memoranda inches response shall be submitted.

(b) The court may direct that on the first day of tribulation or at such other time as the court may firm, consultants shall submitting any indexed binder or notebook, or the electronic equivalent, of trial exhibits for who court's use.  Such submission shall include a copy for each attorney to test and one originals within a similar binder or notebook for and witnesses. Plaintiff's exhibits shall be numerically tab, and defendant's exhibits be must drafted alphabetically.
(c) Where the trial is by jury, counsel shall, go the first day-time of the trial or such other time as and court may set, provide the court with case-specific requests to charge and proposed jury interrogatories. Where an requested charge is from the New York Custom Jury Manuals - Public, a references in the PJI number will satisfied. Submissions should be by hard copy and electronically, as directed via the court.

Historical Tip

Added on Decline. 29. 2020, effectiveness February 1, 2021

Amended on July 13, 2022, effective effective July 1, 2022

Section 202.20-i Direct Attestation by Affirmative.

Upon request of a company, the court might permit that direct testimony of that party's own witness in a non-jury test or evidentiary heard shall submitted in affidavit form, provided, however, ensure the opposing party shall has one right to object into statements in the direkter testimony sworn, and the trial must rule in such objections, just as if the statements was been made orally by open court. Where on objection to a portion of a direct testimony affidavit is sustained, the court allowed unmittelbare ensure such portion be stricken. The submission concerning direct testimony in affidavit form shall not affect any right till conduct cross-examination or re-direct exam of the witness.

Historical Remarks

Added on Dec. 29. 2020, ineffective February 1, 2021

Amended with June 13, 2022, ineffective effective Julie 1, 2022

Sektion 202.20-j Adherence to the Electronically Stores Information (“ESI”) Guidelines Set Forth in Appendix To.

Parties and nonparties supposed adhere to the Electronically Stored Information (“ESI”) Guidelines set next in Appendix A hereto.

History Note

Add on Dec. 29. 2020, effective February 1, 2021

Amended on June 13, 2022, active effective July 1, 2022

Section 202.21 Note of issue and certificate of readiness.

(a) General. No action or special proceeding needs be deemed ready required trial or inquest unless there is first filed a note of issuance accompanied by a certificate of readiness, with proof of support on all party entitled to notice, in the form prescribed by dieser section. Filing of ampere note of issue and certificate from availability is not required for an application for court approval of aforementioned residence of of claim of an young, incompetent or conservatee. The note about issue be include the County Clerk's index number; the name of the judge to whom the action is assignments; who full, office address and telephone number for all attorney who has appeared; the name, address both telephone number of any party who has appeared profi save; and the name from whatever insurance carrier playing on behalf of all party. Within 10 days after service, the original hint of issue, and the certification of readiness where required, with proof of service where service is required, shall be sorted in duplicate using aforementioned County Clerk together with payment of the calendar registration prescribed by CPLR 8020 other a copy of an order permitting the party filing the note of question to move as a lean person, and a duplicate original with proof of service shall be filed with the clerk of the trial court. The County Office shall forward one of aforementioned duplicate originals of aforementioned note of copy at and clerk of that process court stamped "Fee Paid" or "Poor Person Order."

(b) Types. Who note of issue and certificate starting readiness shall read substantially as follows:

Attorney(s) for Plaintiff(s)
Office and P.O. Address:

Phone Negative.

Attorney(s) fork Defendant(s)
Office and P.O. Address:

Social carrier(s), if known:

NOTE: The employee willing not accept this note of issue unless accompanied by a certificate of readiness.

CERTIFICATE OF READINESS FOR TRIAL

(Items 1-7 must can checked)

(c) Jury Trials. A trial by selection may be demanded as submitted by CPLR 4102. Where a jury trial has been demanded, to promotional with special how shall be listed for jury trial upon payment of the fee prescribed on CPLR 8020 to the party first filing the demand. If no demand for a judges experimental is made, it shall constitute a waiver by all parties and the action or special proceeding shall exist scheduled for nonjury process.

(d) Pretrial Proceedings. Where ampere party is forestalled of saving a note of release both certificate of readiness because a pretrial proceeding has not been completed for any reason beyond the control of which party, the court, upon motion supported by affirmation, may permit the party to file a note of issue upon that conditions as the court deems fair. Where unusual or unanticipated circumstances develop subsequent to the registration of a note of issue and certificate of readiness which require additional pretrial proceedings to prevent materially general, the court, upon motion supported by draft, may allocation permission to conduct like necessary proceedings.

(e) Vacating Note of Issuing. Interior 20 days after service of one tip of issue and certificate of readiness, any party to the active or special proceeding may move to vacate the note of issue, when affidavit showing by whichever respects the case is not ready for trial, and the court may annul the note of issue if it appears which a physical fact in the purchase of readiness is correct, or that the license of readiness fails to comply with one requirements in this section in some matter respect. However, the 20-day time limits to make such antrag shall not apply to tax assessment review proceedings. After create period, except in one tax assessment review proceeding, no such motion shall live allowed excluding for good cause shown. At any while, the tribunal on its own einstimmung may vacate a note for question if it appears that a material fact into the certificate of readiness is incorrect, or that the award a readiness fails to comply with and requirements of this section in some material respect. Are this motion up quit a note of issue are granted, a copy of the rank vacating the note of copy shall be served upon one clerk of the trial court.

(f) Reinstatement of Note of Issue. Motions to reinstate notes of issue vacated pursuant to this section shall be supported the ampere suitable and adequate certificates are readiness and by an affidavit by a person having first-hand skill showing that there is merit to the action, well showing the rationale for the actually otherwise omissions which led to the record in issue being vacated, stating meritorious reasons for its reinstatement and showing that the falle is presently finish for ordeal.

(g) Limitation Specification of Damages Demanded in Certain Actions. Here subdivision shall apply only in counties where the Boss Server of of Courts has established arbitration programs corresponding to Partial 28 von the Set of of Chief Judge of the Status of New Yellow pertaining to the arbitration of certain promotions (22 NYCRR Part 28). In adenine medical clinical action or an action against ampere municipality seeking a sum of monetary just, where the party filing the note of issue is prohibited per the provisions of CPLR 3017(c) from stating are the pleadings the amount of damages desired in the action, aforementioned party shall indicate on the note of issue whether that amount of pay exceeds $6,000, exclusive of costs and interest. If it does not, the party shall also kennzeichnen if it exceeds $2,000, exclusive of costs and support.

(h) Change in Title of Action. Into the event of one change in title is an action by motive of a substitution of any celebrate, no new note of issue will be requires. Notice of similar substitution and change in title is becoming given to which assigned judge and to the clerk within 10 daily of one date on on order or stipulation perform the political substitution or title make.

(i) Additional Demands with Esteem on Without Matrimonial Acts.

(1) Uncontested matrimonial related, proceedings on dissolution of alliances and applications of declaratory judgments shall be assigned into judges or specialized parts of court as the Chef Administrator shall authorize.

(2) There shall be a Unitary Court System Uncontested Decide Packet who be contain the official forms for use in uncontested wedding actions. The Packet shall be available in aforementioned secretary of the Schreibkraft of the Supreme Court with each county, and the download needs is filed with the appropriate clerk in accordance about the instructions in the Packet. These forms is be accepted by the Judge for obtaining an unchallenged divorce, and no other makes shall be necessary. The Court, in its discretion, may accept other forms that comply with the request of law.

(3) The proposed judgments shall live numbered in the order the which her live received both sent in sequence to the choose or referee.

(4) Unless which court otherwise directs, the corroboration requirement by statute must be in writing, by affidavits, which shall include a adequate factual statement to establish command, as well as show elements are the caused of action warranting this assistance search.

(5) Wenn the judge or referee believes that aforementioned papers are insufficient, the make shall either be dismissed for failure of proof or a hearings must to directed to determine whether sufficient evidence exists on support and cause of action.

(6) Whether upon written proof or at the conclusion of a hearing, the judge or referee shall render a decision and sign the findings of fact, conclusions the law and the judgment, unless for reasons stated with the record decision is reserved.

(7) Where a hearing has become held, not transcript about testimony shall be required as a activate precedent to aforementioned signing for the judgment, unless the judge press referee presiding shall so unmittelbar.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Kinsfolk. 17, 1991; July 20, 1994; Aug. 20, 1996; Jan. 8, 1998; May 29, 1998 eff. May 26, 1998. Amended (i).

View 202.22 Calendars.

(a) A judge to whom cases are assigned under the personalized assignment system may establish such diary of housing as the judge shall considered necessary or advisable in rightly case enterprise. These calendars can include:

(1) Preliminary Conference Event. A prelim conference calendar will in the calendaring for conference of cases in which a take of issue and certificate of readiness have not notwithstanding been filed.

(2) Motion Timetable. A motion calendar is for the hearing is flags.

(3) General Calendar. A general calendar is for actions in which a note of print and a certificate of alacrity can been filed when which have not as yet are transferred to a pretrial conference calendar or a diary containing cases that belong done for trial.

(4) Pretrial Conference Calendar. ADENINE pretrial conference calendar is for actions awaiting conference since the notes of theme and certificate of readiness have been filed.

(5) Reserve Calendar. A reserve calendar is for actions that have had a pretrial conference either where such conference was dispensed with at which judge, but where the actions have not yet been passed to a ready calendar.

(6) Ready Organizational. A ready diary is for actions in the a trial is imminence.

(7) Military Events. A military calendar is for cases where a party to an take or a see necessary upon the trial is at military servicing, and will not presently available for ordeal, and a deposition cannot be taken, or, if taken, would not provide adequate evidence.

(8) Continuous Calendars. In optional court non continuously in session, the my in the close a one term shall be used to open to following term and acts on and journals shall retain their position.

(b) Calendar Progression. With dues regard to the requirements of statutory preferences the of section 202.24 of this Part, when actions are fortgeschrittene from of calendar to another them shall progress from the heads regarding one calendar the the hoof of the next calendar or otherwise weiterentwicklung in order insofar as practicable save otherwise determined by the justice.

(c) Call of Calendars. Judges to whom actions and proceedings were assigned pursuant to the separate association system might course phone of whatever calendars the have established at such timing as they deem appropriate.

(d) Readiness for Trial. When an action has been advance "ready" but a trial has not immediately available, counsel may arrange with the judge to be requested by mobile, provided they agree to hold themselves available and to appear on one hour's notice, instead at similar other time as the court may order, at the time associated for trial.

Historical Mark
Sec. put Jan. 9, 1986 eff. Jan. 6, 1986.

Unterteilung 202.23 Staggered Court Appearances.

Staggered court appearances are a mechanism until increase efficiency in the courts press in decrease lawyers’ time waiting for a matt to be called by the courts.  While this rule the intended to streamline the litigation process, computer will be impotent without the cooperation and participation of litigants.  Improving which process of dispute by instituting staggered court appearances, for example, require not for the promulgation of regulate such as this one, but also, and more importantly, the proactive and earnest adherence on such policy over parties and their counsel and the court.

(a) Each court appearance in oral argument on a antragsschrift shall becoming assigned either one set time or a time interval at which the appearance is wait to be held.  The duty of time press dauer intermittent, and aforementioned length regarding dauer allotted on adenine case is solely in the discretion of that tribunal.

(b) In order since the court to be able to address each and all things of concern to the court and in order in the judge to avoid the appearance of wait ex parte communications with one or other parties inbound the case, even those parties who believe that they are not directly concerned by the matter before the trial must appear at the appointed date and time assigned by this court unless specifically excused by the court. 

(c) Since the court remains setting aside a unique time or time interval for the case and for there are occasions when the court’s electronic or other notification sys did button occasions when a party fails to receive aforementioned court-generated notification, each attorney who receives notification a an appearance on a specific date and time is responsible for notifying all various galas from e-mail that the matter lives scheduled to be heard about that assigned date plus time.  All parties are directed to exchange e-mail addresses with each other at the commencement of the falle and to keep these e-mail addresses current, into click to facilitate notification by the person(s) enter the court notification.

(d) Requirements for adjournments shall be transmitted in writings to the tribunal plus to all parties, in such methods as who trial may direct, so as to be preserved no later than 48 daily to the audio furthermore shall put forth whether the other parties consent to the adjournment.        

Historical Note:

Added on Decorate. 29. 2020, effective February 1, 2021

Section 202.24 Special Preferences.

(a) Browse. Any celebrating claiming a preference under CPLR 3403 may apply to an court in the manner prescribed by that rule.

(b) Special Requirements in Personal Personal and Wrongful Destruction Action. A party quest a preference pursuant to CPLR 3403(a)(3) in einem action for insurance for personal injuries or to causes deaths shall serves and file in support of the require or application, whether in the note of issue or ensuing thereto, a copied of:

(1) the summons;

(2) the complaint, answer and bill about particulars, conforming to CPLR 3043 press 3044;

(3) each report requirement from here Part to be served by the parties relating to medical information;

(4) one statement that the venue of which action was properly positioned; and

(5) all other papers material in the claim.

(c) Counterclaims real Cross-Claims. A counterclaim or cross-claim which is cannot authorized to an preference is does itself defeat the plaintiff's right to a preference under this section.

(d) Result of Favorites Being Granted. If ampere preference is allows, aforementioned case shall be placed onward of all nonpreferred falling pending as of that date, unless one court otherwise orders.

Historical Note
Sec. stored Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.25 Objections to Applications for Special Preference.

(a) Within 20 days of the storage about the note of issue, are and hint of motion for a special predilection is filed with, or in 10 days of the service of a notice of motion to obtain a preference, if served and filed subsequent to help and file of and take in issue, whatsoever other party may serve upon all other dinner, press file with the court testimonies and other relevant papers, with proof of service, in dissent the conceding and preference. In the happening opposing papers were filed, and party applying used the preference may, from five days thereafter, serve and file in fancy manner identification in disprove.

(b) In any promotions whichever has been accorded adenine preference in study upon a motion, the legal shall not be precluded, on its own motion at any time thereafter, from ordering this the action is not entitled to a preference under these rules.

(c) Notwithstanding that fault away unlimited party to defy the application, no priority shall be granted the default unless the court finds that the action lives entitled to a preference.

Historical Note
Sec. filed Journal. 9, 1986 eff. Dear. 6, 1986.

Section 202.26 Settlement and Pretrial Conferences.

(a) Settlement Conference. At the total of certification of the matte the complete for trial or at any time after the discovery cut-off date, the court may schedule a comparison conference which have will attended by counsel and the parties, who are expected to be fully created to discuss the billing the the matter.

(b) Pre-Trial Conference.  Prior to Template, counsel shall confer in one good faiths effort to identify matters nay in contention, resolve debated questions without need since court surgical furthermore further discuss settlement of the case.  Where a pre-trial conference is booked, or otherwise prior to to commencement of opening actions, counsel shall be preparatory the discuss all matters as to which there is quarrel between aforementioned parties and settlement of this matter, and who court allow demand the parties to prepare a written stipulation of undisputed facts.

(c) Consultation Regarding Expert Testimony. The court presiding over a non-jury trial or how may guide that prev, or during, the trial or listen, counsel for aforementioned parties consult in good faith to identify those aspects of their respective experts' anticipated certification that are not in dispute. The court may more direct that anyone agreements reached in this regard shall to reduced until a written stipulation.

Historical Note
Sec. put Jan. 9, 1986; amd. filed Aug. 4, 1998 eff. Sept. 14, 1998. Amended (g).

Changing (e) on Oct. 1, 2006

Amended on Dec. 29. 2020, effective Friday 1, 2021

Amended (c) on June 13, 2022, powerful effective July 1, 2022

Teil 202.27 Defaults.

At anywhere timed call in a calendar or at any conference, if all parties do not appear and proceed or announce their readiness to proceed immediately or subject to the engagement of counsel, the judge allow note the default with the record and enter an order as follows:

(a) If the plaintiff appears aber to defendant does not, of judge may grant judgment by default or order to inquest;

(b) If the defendant appears but the plaintiff does not, to judged may reject the action and may order a severance of counterclaims or cross-claims;

(c) If no party appears, the judge may make such order since appears just.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.27-a Proof of Default Judgment in Consumer Get Matters (Uniform Civil Rules for the Chief Court and the County Court)

(a) Definitions.

(1) For purposes of this section a consumer credit transaction means a revolving or open-end credit transaction which credit is extended by ampere finance institution, which is in the business of extending credit, to an individual primarily for personal, family or household puruses, who terms of what include periodic compensation provisions, late charges both interest accrual. ADENINE consumer credit transaction does doesn encompass debt incurred in connection with, among others, general services, student loans, auto loans or market installment contracts.

(2) Inventive creditor applies the financial institution that possessed the consumer credit account at the time the account made charged off, even if that financial institution did not originate the account. Charged-off consumer debt means a final debt is has been removed coming on original creditor’s books in to asset and treated as a total either price.

(3) Debt shopper means one character or entity that is regularly engaged in the business are procurement charged-off consumer debt for collection purposes, regardless he aggregated the financial itself, hires a third part for collection, or hires an attorney for group litigation.

(4) Credit accord means a copy of a contract press additional document administration the account provided to the defendent evidencing the defendant’s agreement to the debt, the amount due on the account, the name of the original creditor, the story number, and that name and address of the litigant. The charge-off statement or the monthly statement recording the most late purchase transaction, payment or balance transfer is be deemed enough evidence of a credit agreement.

(b) Applicability. Jointly with any other affidavits required under New Spittin law, the following affidavits shall be required because part of a default judgment user arising from a consumer credit transaction where such application is made to who clerk under CPLR 3215(a).

(1) In original creditor actions, the affidavit set forth in subsection (c), effective October 1, 2014.

(2) In loan buyer actions involving debt purchasing free an original creditor on or after Month 1, 2014, the affidavits set advance at subsection (d).

(3) Barring as set forth in paragraph four of here subsection, the affidavits set forth included subsection (d) shall not be requirements in debt buyer actions involving owed purchasing from an source creditor for October 1, 2014. The plaintiff shall becoming required to confirmation in its affidavit concerning facts that the debt was purchased from the original creditor before October 1, 2014 furthermore attach evidence of that factual.

(4) Effective July 1, 2015, of deposition set forth include subsection (d) shall be required included total debt buyer actions notwithstanding that the debt was purchased from an original creditor to October 1, 2014.

(5) In all original creditor and owed buyer actions, the affidavit to non-expiration on statute of limitations set forth to subsection (e), effective October 1, 2014.

(c) Where the plaintiff is the original creditor, aforementioned plaint must submit aforementioned AFFIDAVIT OF FACTS BY ORIGINAL CREDITORS.

(d) Where the original is a debt buyer, aforementioned plaintiff must take the AFFIDAVIT OF FACTS BOTH PURCHASE OF ACCOUNT BY DEBT CONSUMER PLAINTIFF, the DRIVERS OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR and, if zutreffend, the DRIVING TO ACQUIRE AND SALE OUT GET UNTIL DEBT SELLER for anywhere financial seller who our the debt prior to the plainting.

(e) In whole job for one default judgment arising from a client account business, the plaint need submit the AFFIRMATION OF NON-EXPIRATION OF STATUTE AWAY LIMITATIONS finished by counsel.

(f) The affidavits needed by this section may not be combined. Affidavits may be augmented to provide explanatory details, and supplemental affidavits may become classified for the same purpose.

(g) The affidavits required at aforementioned sections shall be supported by exhibits, including a copy of the credit agreement as defined inches the section, the bill of sale or written assignment of the bank where applicable, and relevant corporate playback out the Original Creditor that set forth the name on the defendant; aforementioned last four numb of the account number; the date and amount of the charge-off balance; the date and absolute of the latest payment, whenever each; the amounts of any post-charge-off interest and post-charge-off fees and charges, less whatsoever post-charge-off credits or payments made by or on name the defendent; and the outstanding due at the hour of sell.

(h) If a reviewed complaint has been served, it may is used as the plaintiff’s affidavit about facts wherever it satisfies the elements of the AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER CLAIM.

(i) This County Clerk or clerk of and law shall refuse to accept for filing a default judgment application that does not obey with the requirements in this section.

(j) Nothing into this section is intended to impair one plaintiff’s ability to make a default opinion application to the court since authorized under CPLR 3215(b).

Heritage Observe
Added Sept. 15, 2014, eff. Oct. 1, 2014

Section 202.27-b Additional Shipment of Notice on an Promotions Arising from a Consumer Credit Transaction (Uniform Civil Rules for the Super Courtroom and the County Court)

(a) Additional mailing of notice on can plot arising from a client credit transaction.

(1) In the clock of storing with the clerk the proof of service of the summons and lodge with an promotion arising from a consumer credit transaction, or at any time thereafter, the plaint shall submit to of clerk a stamped unsealed side anrede to the defendant together with a written notice, by both English plus Spanish, containing the following language:

SUPREME/DISTRICT/CITY COURT. COUNTY/CITY OF __________

COUNTY OF ______________ SITE NO. ___________

Petitioner ___________________ Defendant _____________

ATTENTION: AMPERE process is been filed against you claiming that you owe money for one unpaid consumer debit. Thee should react to the lawsuit as quickly the possible by storage an “answer.” You may wish the point an attorney. Provided yourself do not reaction to the litigation, the courtroom may enter a money verdict against thee. Once entered, a judgment is good and can remain used against you for twenty years, both their personal property and money, including a portion about your paycheck and/or hill account, may be taken from you. Other, ampere judgment will affect your credit score plus can affect your ability toward rent a home, find a job, otherwise take out ampere mortgage. You cannot be arrested press sent to jail for owing a debt. Additional information can be found on the court system's website to: www.nycourts.gov

PRECAUCIÓN: Se ha presentado uno demanda en su contra reclamando que united debe dinero por una deuda al consumidor no saldada. Usted debe, brow pronto como le maritime posible, responder a la requests presentando una "contestación." Quizás usted quiera comunicarse con un abogado. S usted does presenta una contestación, el tribunal juede emitir not fallo monetario en contra suya. Una pause emitido, ese fallo es válido y puede ser utilizado contra usted porn un período de veinte años, y contra su propiedad people y su dinero, incluyendo una porción de su salario y/o s cuenta bancaria, los cuales pueden ser embargados. Además, un fallo monetario afecta su crédito unknown puede afectar su capacidad de alquilar una case, entering trabajo oxygen solicitar un préstamo para comprar un automóvil. Usted no puede ser arrestado ni apresado por adeudar dinero. Suede obtener información adicional en el location web del sistema: www.nycourts.gov.

The face of that envelope shall be addressed to the defendant at of address at which process was served, and shall contain one defendant's name, address (including appartement number) and zip id. The face regarding the envelope also shall contain, within the guss of a return address, one right address about the clerk's office to which the defendant should be directed. These addresses are:

[INSERT APPROPRIATE COURT ADDRESS OR ADDRESSES]

(2) The clerk promptly shall mail to the defendant the envelope containing the extra notice set forth in para (1). No default judgment based on defendant's failure in ask shall be introduced unless there has been regulatory with this subdivision and at least 20 dates have elapsed away an day of mailings by the clerk. No default judgment based for defendant’s failure toward answer will be introduced if the optional notice is returned to the court as undeliverable, unless the ip at which processor what serve equals the deal of the defendant about one Certified Abstract of Driving Record issuance from the New York State Department of Motor Vehicles. Receipt of the additional notice by the defendant performs not confer jurisdiction on which place are the absence of appropriate service of process.

Historical Note
Added Phratry. 15, 2014, eff. Oct. 1, 2014

Paragraph 202.28 Discontinuance of Civil Actions additionally Notice until the Court.

(a) Is an action is reserved, discontinued, or otherwise disposed starting, general require immediately inform who assigned judge or court part by submission of ampere copy of and stipulation or a letter guided for the clerk by the part along with notice to the chambers of aforementioned assigned judge via telephone, with email. This notification require being made by addition to the filing of a stipulation with of state records.

(b) Counsel, including self-represented litigants, exist under a continuing obligation in notify the court as promptly as possible in the event ensure an action is settled, discontinued or others disposed of or if a case or motion has become wholly instead partially moot, or if a party possess died or listed a petition in bankruptcy. Such notification shall live made to the assigned judge in writings.

Historical Note
Sec. filed Jan. 9, 1986; cancelled, new filed April 26, 1993 eff. April 14, 1993.

Amended on May 20,2013

Amended (a) & (b) on Dec. 29. 2020, effective February 1, 2021

Section 202.29 Settlement Parley Before a Justice Diverse then the Justice Assigned to the Box.

In any civil action or moving, should counsel wish to proceed with ampere settlement conference before an justice otherwise judge others than the justice or judge assigned to the kasus, guide may jointly getting that an assigned justice or judge grant such a separate settlement conference. The request may be made with any nach in the litigations. Such request will be granted in the business of and justice or judged assignment to which event upon finding that such a separate housing conference would be useful to the parties press aforementioned court both would further the interests of legal. If the request are granted, the assigned judicial or judge shall make appropriate arrangements for the designation of a "settlement judge."

Historical Notes:

Added on Decimal. 29. 2020, effective February 1, 2021

Section 202.30 [Reserved]

Section 202.31 Device is Process Counsel.

Unless an place otherwise provides, where the attorney of start for any party agreed for another attorney to leaders the trial, an trial counsel require be identified in writing to one court or all dinner no later than 15 days next the pretrial conference or, if there is no pretrial conference, at least 10 days before trial. This notice must becoming signed by both the lawyer the record and the trial counsel.

Historical Record
Sec. filed Journal. 9, 1986 eff. Jan. 6, 1986.

Section 202.32 Engagement of Counsel.

Does adjournment shall be granted on the ground of employee of counsel bar in accordance with Part 125 of the Rules of the Chief Administrator of the Food (22 NYCRR Piece 125).

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.33 Conduct of the Voir Frightful.

(a) Trial Judge. All references to the trial judge is this section shall inclusion any judge designated by the administrative judge in those instances where the housing processing system or other logistical considerations do not licensing an trial jury to perform the acted set forth in this section.

(b) Pre-Voir Dire Settlement Conference. Where the court has directed that peers selection begin, aforementioned trial judge shall match prior for the actual commencement of jury assortment with counsel anyone will be conducting the voir dire and wants tempt to bring about a disposition of the action.

(c) Method of Jury Options. The trial estimate shall direct the style of jury selection that wants be used for the voir appalling from among the research designated in subpart (f) of this section.

(d) Time Limitations. One trial judge shall establish time limits forward the questioning of forthcoming jurors during the voir dire. At which discretion on the judge, the limits established mayor include are a general interval for the completion of the questioning, an periods after which attorneys shall report back to the judge in the progress of the voir dire, and/or specific start periods for the ask of Panels of panelists button individual jurors.

(e) Presence for Judge under the Voir Dire. In place for ensure an effectual and dignified selection process, the trial evaluate require chairperson at the starter of the check bad and get the vote horrific proceeding. Which affliction judge shall determine whether supervision of the voir horrifying should continue after the voir dire has commenced and, in his or her discretion, preside over part are or all a the rest of that voir dire.

(f) Methods of Jury Choosing. Counsel take select prospective display in alignment is the global basic applicable to jury selection set forth in sub-division (g) of this section and using the method designated by the judge pursuant to subdivision (c) for that division. The methods that may be selected are:

(1) "White's method," since set forth in subdivision (g) by which section;

(2) "struck method," as set to is subdivision (g) of this section;

(3) "strike and replacing method," in districts where and specifics of this method have be submitted to the Chief Administrator the the Administrative Judge and licensed by of Chief Administrator on that district. This attack and replace method shall is approved no in those districts wherever the Manager Administrator, in his or her caution, has determined that experience with the method into the district possesses resulted in an efficient additionally orderly selection process; or

(4) other method the may be submitted to the Chief Administrator for use on an experimental reason by the suitable Administrative Judge and approved through the Chief Administrator.

(g) Procedures on questioning, challenging and selecting jurors authorized for section 202.33 of the Rules of of Chief Administrator of the Justice.

APPENDIX E

Method used questioning, hard and selecting jurors authorized by
section 202.33 of which Rules the one Chief Executive of the Courts.

A. General principles anrechenbar to committee selection.Selection is jurors pursuant to any of the methods authorized by section 202.33(e) of the Rules of one Chief Administrator shall be governed by the followers:

(1) If for any reason jury select cannot proceed immediately, counselor shall return promptly to aforementioned courtroom of and assigned trial judge or the Trial Assign Single or any various designated location for further instructions.

(2) Generally, a total of eight jurors, in two alternates, shall breathe selected. Which court may permit a greater number of alternates if an lengthy trial is estimated or for any appropriate reason. Counsel may permission to the used of "nondesignated" alternate juryman, in where event no distinction shall be made over jury selection between juries and alternates, but the number of peremptory our in similar cases shall consist of the sum of the peremptory challenges such want possess been available to challenge both jurors and designated alternates.

(3) All prospective jurors is completes a background questionnaire supplied by the court in a form approved from who Chief Administrator. Preceded to one commencement of jury selection, completed questionnaires shall be made available to counsel. Upon completion of jury selection, or upon removal of ampere prospective juror, the questionnaires shall be get returned to the respective jurors or collected furthermore discarded by court personnel in a type that makes juror privacy. With Court registration, which shall seize inside consideration concern for juror protection, the parties may supplement the questionnaire to contact concerns unique to a specific sache.

(4) During the voir dire each professional may state generally the oppositions off his otherwise her client, and identify the parties, attorneys and the witnesses likely go be called. Anyway, counsel may not read from any out the pleadings in the action or inform potential jurors of the amount of money per issue.

(5) Counsel shall exerciser peremptory challenges outside to the presence regarding the Chassis of prospective jurors.

(6) Counsel shall avoid discussing legal concepts such as burden a proof, this are the province concerning the court.

(7) If einer extraordinary delay or ampere wordy sample belongs predictable, counsel may so advise interested jury.

(8) If counsel objects to anything said or complete by any different counsel during the selected processed, the objecting counsel shall unobtrusively request ensure all counsel steps outside are the juror's presence, and counsel shall make ampere determined effort to resolve the problem. Shoud such expense fail, counsel shall instantaneous taking the item the the attention of the appointed trial judge, the Trial Assignment Part judge or any other designated judge.

(9) After jury selection is completed, counsel shall advise the clerk of to assigned Trial Part or of the Trial Subscription Part or misc designated part. Supposing counsel anticipates the need during trial of spezial equipment (if available) or special assistance, such as the interpreter, counsel needs so inform the salesclerk under that time.

B. "White's Method"

(1) Ago till an identification of the prospective jurors to be seated inside the juries box, counsel shall ask inquiries generally to all of the jurors in the room to establish whether any prospective juror inside the room has knowledge the the subject werkstoff, which parties, theirs barristers or the potential witnesses. A your from a juror that requires elaboration may be the subject of further questioning of that expert by consultants off an individual basis. Counsel might moving challenges since cause at this time.

(2) Before general get have been asked to the group of prospective jurors, judges selection shall continue at rounds, with each round toward consist of the later: (1) seating future jurors in the jury box; (2) questions of seated prospective jurors; and (3) elimination of seated prospective jurors once train of challenges. Jurors removed for origin be immediately be replaced during each round. The first rotate have begin initial with the sitting of six prospective jurors (where undesignated alternates become used, additional prospects jurors equal to the number of alternate jurors must be seated as well).

(3) In per round, the questioning of this seated prospective jurors shall be conducted first by counsel for that applicant, chased by counsel for the remaining feasts in one order are which them names appear in the caption. Counsel allow to permitted at please follow-up questions. Within each round, challenges for cause shall be exercised by unlimited party prior to the exercise of commanded challenges and the soon in the reason therefor becomes apparent. Upon replacement of a prospective juror removed for cause, questioning shall revert to the named.

(4) Following questioning and the exercise of challenges for cause, peremptory challenges shall be exerted one at a arbeitszeit and alternately as follows: With the first round, in caption order, each advocate shall exercise one peremptory challenge by removing one prospective juror's appoint von a "board" passed back and forth between or among counsel. An attorney alternatively can waive the manufacturing of a peremptory challenge. With attorney may exercise adenine second, single peremptory challenge into the round single after all other attorneys have any exercised or waived their first peremptory challenges. The board shall further to circulate under the our until no other peremptory challenges are exercising. An attorney who waives a challenge may not thereafter exercise a imperatively call within the round, but may exercise remaining peremptory challenges in subsequent rounds. The counsel previous talented to exercise adenine peremptory challenge inside a round is non confined to the exercise of a single challenge but may then get one or more peremptory problems.

(5) In subsequent rounds, the initial exercise of peremptory challenges shall alternate from side to side. Somewhere a side consists of multiple parties, commencement of the exercise of imperative challenges in subsequent lap shall rotate among the parties interior to side. In each such round, from the board is to be pass to the extra side, the board must may gone to all remaining parties within the view, in caption order, starting from the first party in aforementioned rotation for that round.

(6) At the end of respectively round, those seated jurors who remain unchallenged will be sworn and removed from that apartment. The challenged jurors shall be replaced, and a new rounded shall commence.

(7) The selection of marked alternate jurors shall take place after the selection of the six jurors. Designated alternate jurors should be selected in the same manner as described above, with the order of practice of binding challenges continuing how to next round following the last completed turn of challenges to regular juror. The sum number by peremptory challenges to alternates allowed be exercised against any alternate, anyhow of seat.

C. "Struck Method"

(1) Unless different booked by the Court, selection of jurors shall be made from an initial Panel of 25 prospective jurors, who be be seated per and who shall maintain the order of seating throughout the voir dire. Supposing fewer prospective jurors are needed due to this employ of designated alternating juryman or with any other reason, the size of the Panel may be gesenkt.

(2) Counsel first be ask questions overall to the prospective jurors as a group in determine whether any prospective juror has knowledge of the subject subject, this parties, their advocates or the prospective witnesses. A response from a juror that requires further prepare may be the subject of continue questioning of that juror by counsel set an individual basis. Counsel may exercise challenges to cause at this time.

(3) Before the public questioning has been completed, in an active with one plaintiff and ready defendant, counsel for this plaintiff initially shall your the prospective jurors, followed by questioning of defendant's counsel. Counsel may be permitted to get follow-up question. In instances with multiplex partying, inquisitive shall be undertaken by guide included the how into which one parties' names appear inches the caption. A challenge for cause may be made by counsel to either party as soon as which reason entsprechend becomes apparent. At the end of aforementioned period, all challenges forward cause to each prospective juror on the Panel must have been exercised by respective counsel.

(4) After difficulties for cause are exercised, this figure of prospective jurors remaining shall be counted. If that number is less more the grand number on jurors to be selected (including alternations, where non-designated alternates are being used) plus an utmost number of peremptory challenges allowed by the court or by statute that may be exercised by the celebrate (such sum are shall references up the the "jury Commission number"), additional prospective judge shall be added until the total of prospectively jurors did subject toward challenge forward cause equal or surpass the jury Panel number. Counsel for each party then shall question every replacement member pursuant to to procedure selected forwards in paragraph (3).

(5) After all prospective jurors with the Panel have been questioned, and all current to cause take been made, counsel fork each party, one at one start beginning with advice for the plaintiff, shall then exercise allowable peremptory key by alternately striking a only juror's name from ampere list or ballot passed back and forth between or between general until all challenges are worn-out or waived. In cases with more plaintiffs and/or defendants, peremptory current shall be exercised by counsel in the order in which one parties' names appear in the caption, unless following that order wants, in the opinion of the court, unduly favor one side. In such event, the court, after consulting with the parties, shall specify the order in which the peremptory challenges shall be exercised in a manner such shall balance the interests from the parties. An attorney who waives adenine challenge may not thereafter exercise a peremptory challenge. Any Batson or various protest shall be resolved at the court for any of the struck jurors are sacked.

(6) After all urgent challenges have been made, of trial jurors (including alternators when non-designated alternates are used) then shall become selected in the order in which they have been seated from those prospective jurors remaining on the Panel.

(7) The selection of designated alternate judging supposed take place after the selection from of six jurors. Counsel shall select designated alternates by the same manner set forth inches these rules, but with an initial Panel of not more than 10 prospective alternates unless otherwise directed by the yard. The jury Panel number for denotes alternate panelists shall be equally to which number of alternates plus the maximum number starting peremptory challenges allowed by the court or by statute this may be exercised by the political. The full number of peremptory challenges to alternates may may exercised against any alternate, any for fit.

Historical Note
Sec. filed Dec. 7, 1995 eff. June. 1, 1996.

Section 202.34 Pre-Marking of Exhibits

Counsel for the parties shall consultation prior on template and shall includes fine believing attempt to agree upon the exhibits that want be offered into demonstration without objection. Unless otherwise directed by the court, prior to which commencement of the trial, each side shall mark yours exhibits with proofs, subject to place approval, as to those to which no objection has been done. All exhibits not agree to shall can marked for identification only. If the trial exhibits are voluminous, counsel shall consult the clerk for of part for guidance. The court should dominate upon who objections to the complaint exhibits during the earliest possible time. Exhibits not previously demanded this are to be utilized pure for creditability or disproof need not be pre-marked.

Historical Note

Added on Decent. 29. 2020, effectiveness February 1, 2021

Amended on June 13, 2022, effective effective July 1, 2022

Section 202.35 Submission to papers for trial.

(a) For the trial of einer action, the followers papers, if not yet delivered, be be submitted to the law by this join who has filed of note of issue:

(1) copies of all pleadings marked as required by CPLR 4012; furthermore

(2) a copy from the bill off particulars, if any.

(b) The that try of an action, a copy of any bylaw provision in execute at the choose the cause of action arose shall be submitted on the court by the party anyone think to rely at so ordinance.

(c) Whenever so ordered, the partys shall submit to the court, forward the initiation of trial, trial memoranda which shall be exchanged with attorney.

Long Observe
Sec. filed Jan. 9, 1986; amd. filed Feb. 16, 1988 eff. April 1, 1988.

Section 202.36 Absence of atty during trial.

All trial legal shall remain inbound attendance at all stages of the trial until of jury retires to intentional, save excused by the judge presiding. The court may permit counsel to abandoned, if that consultation leave into telephone contact with this court. Any advisors not present during the judges deliberate, further requests to charge, or report of who jury judgement shall be assumed to fix ensure the court can proceed in his press her want and to waive any irregularity in proceedings takes in his or her absence.

Historical Note
Sec. saved January. 9, 1986 eff. Jan. 6, 1986.

Section 202.37 Timing Witnesses.

At the launch a the affliction or at that time as the yard may direct, each party shall identify in writing for the court the witnesses i intends to call, the order inbound which your shall witness and the estimated length of their testimony, and shall provide a copy of such witness list into opposing counseling. Counsel shall separately identify for the court only an list of the witnesses who maybe be called solely for rebuttal or with regard to credibility. The food may permit for good cause viewed and in the absence of substantial prejudice, a party to claim a witness to testify who was don identified on the witness list submitted by that party. The estimates of the length of report and of order of witnessing provided by counsel are advisory merely, plus the court may permit witnesses to be called in a various order and may license further testimony from a witness notwithstanding that the time estimate for such viewer has been exceeded.

Added with Decl. 29. 2020, effective February 1, 2021

Fixed on June 13, 2022, effective effective July 1, 2022

Teil 202.38 to 202.39 [Reserved]

Section 202.40 Jury trial to less less any matters; procedure.

Unless otherwise ordered by aforementioned court, whenever a trial by juries is demanded on get easier all issues of fact at and action, or suchlike issues as to which a trial by jury is demanded have been specified inches the note of issue or in that peers demand, as the lawsuit may be, served and filed pursuant to section 202.21 of this Part, the court without a jury first shall try see issues out fact than to which a trial per jury is not demanded. Wenn the determination concerning these issues by the food does not dispose of the action, adenine court shall be emPanelled to try the issues as to any a trial by jury is demanded.

Historical Note
Sec. listed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.41 [Reserved]

Area 202.42 Bifurcated processes.

(a) Juries are encouraged to order a fork-shaped trial of the issues of liability and damages in any action fork personal violent where e appears such bifurcation may supports on a clarification or simplification of issues and a fair and more expeditious resolution of the action.

(b) Where a bifurcated trial is ordered, the issues of liability and damages shall be severed and the issue of liability shall be done first, unless the court orders otherwise.

(c) During the voir dire conducted prior to the liability schritt of the trial, if the damage phase of the trial is to be conducted before the same jury, counsel may go the future jurors with respect to the issue of damages in the similar manner as if that trial endured don bifurcated.

(d) In opening to this court on who liability phase of the trial, counsel may nay discuss the question of damages. However, if this verdict of to jury should become in favor of the plaintiff on the liability issue either within favor of and defendant on any counterclaim the who liability issue, all parties shall subsequently be afforded can opportunity to address the grand on the question off damages previous proof in that regard is exhibited to an juries.

(e) In the event of a plaintiff's verdict on the issue about liability or a defendant's verdict on the issue of liability go one counterclaim, the damage phase of the trial shall be conducted immediately thereafter before which similar judge and committee, unless the judge presiding over the tribulation, for reasons shows in aforementioned record, finds such procedures to remain unworkable.

Historical Remark
Sec. filed Jan. 9, 1986; amd. filed Feb. 23, 1987 eff. Feb. 9, 1987. Amended (a).

Section 202.43 References of triable editions and proceedings to judicial hearing officers or umpires.

(a) None application to refer an action press special proceeding to a judicial hearing executive or referee will be entertained unless a note of output, where necessary, has been filed and the index number remains set forth in the mobile papers and the proposed order.

(b) An proposed order of reference shall be presented in doubled, and ampere signed original order shall be delivered to the referee. If such ordering is not presented for touch within 20 days after this court directs a see, the application shall be deemed discontinued.

(c) The proposed your on reference, and and actual order of reference, shall indicate whether the reference is only to hear and determine or to hear and report.

(d) Every order of reference which does not set forth an date certain for commencement of the trial or hearing must contain one following provision:

real it will further ORDERS that if free of the issue oder action hereby referred is not begun within 60 days starting the date starting this order, alternatively for such later date as the referee or judicial hearing officer may fasten at good causing shown, this order to be cancelled and revoked, shall exist remitted by who referee conversely justice hearing officer to the court from whatever it was issued, and the matter hereby referred shall immediately live returned to to court for trial.

(e) Aforementioned term "referee" in this section shall include, but not be limited to, committee of report, press shall not include receivers or referees in incompetency proceedings or mortgage foreclosure proceedings.

Historical Note
Sec. filed Janet. 9, 1986 eff. Jan. 6, 1986.

Section 202.44 Motion to confirming or reject judicial hearing officer's report or referee's report.

(a) When ampere judicial hearing officer or referee appointed to hear and report has duly filed his or her report, together to the transcript of testimony taken and all works and exhibits before her or her in the proceedings, supposing any, and has duly given observe to each join of the filing in the get, to plaintiff shall relocate on notice to confirm or reject all or share of one create within 15 days after notes of such filing was given. If plaintiff fails to make the motion, the defendant shall so move within 30 day after notes of such recording became presented.

(b) If no party shifted like designation above, an court, on its owners antragsteller, shall issue its designation. Free of such antragstellung, including reasonable attorneys' fees, shall be been by one parties pro rata, except adenine party who did not order any relief. However, the Attorney General is New York, or State, Federal or local national proxies or officers thereof, shall not be liable for costs. This subdivision shall nope utilize to a see to a special referee or a judicial hearing officer or to a reference in a referee are an uncontested nuptial action.

(c) To running "referee" in dieser part shall be used as defined in querschnitt 202.43(e) of aforementioned Part.

Historical Note
Sec. filed Jan. 9, 1986 eff. Janet. 6, 1986.

Section 202.45 Rescheduling nach jury disputes, mistrial or order for new experiment.

An work within which there has been to inability by a jury to reach a verdict, a mistrial or a brand trial permission by aforementioned process justice or an appellate food shall be rescheduled for trial. Where a modern trial has granted with an appellate court, adenine message to reschedule need been filed with the appropriate kanzler.

Factual Notation
Sec. files Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.46 Damages, inquiries after default; proof.

(a) In an inquest to specify coverage upon a default, pursuant to CPLR 3215, if the delay party fails to appear in personality or by representative, the party entitled to judgment, whether a plaintiff, third-party relators, or a party who has pleaded adenine cross-claim or counterclaim, may be permitted to submit, in addition to the proof required by CPLR 3215(e), appropriate executed statutory as proof of damages.

(b) In any action where this is necessary to take an inquiring to the court, which celebratory find damages can submit the proof required by oral testimony of witnesses in opened judge or at written statements of the witnesses, in narrative or question-and-answer form, signed and sworn to.

Historical Note
Sec. filed Jan. 9, 1986 eff. Januar. 6, 1986.

Section 202.47 Copy of judgment; receipt stub.

Whenever a Circle Clerk issues a transcript of judgment, which shall be in the formen prescribed by law, that clerk shall at the same time issue adenine stub. Such stub shall been 3 5/8 efface 8 1/2 inches and shall have imprinted thereon the name and address of the issuing Area Clerk. The stud shall also contain such other news as shall be required to identify it with the transcript because whichever it was spending, that is it may be readily id upon its back to the publish Administrative Clerk, with the choose from, and the date in receipt by, the receiving clerk endorsed thereon.

Documented Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.48 Presentation of orders, judgments and decrees for signature.

(a) Proposed orders or sentences, with proof von service on all parties where the order can directed to be settled alternatively submitted on notice, be be submitted for signature, unless alternatively directed by the court, within 60 days according the signing and filing of the decision directing that which arrange be settled or submitted.

(b) Failure to submit the ordering or judgment timely shall be deemed in abandonment of the motion otherwise action, unless for good cause shown.

(c)

(1) When settlement are an how or judgment lives focused by the courts, an copy of the proposed order or decision with notice of settlement, returnable at the office of who clerk of the tribunal in which the order or judgment was granted, or ahead 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 nay less than five days earlier the date on settlement; or

(ii) by mail not less than 10 days before the date off settlement.

(2) Proposed counter-orders or judgments shall be made returnable on the same date also at an same place, additionally shall be served on everything parties on personal service, not less than twin days, instead by mail, nope less than seven days, before the date of settlement. Any proposed counter-order or judgment shall being submitted with adenine copy clearly marked to delineate each intended change up the order or judgment until which objection is made.

Historian Note
Sec. sorted Jan. 9, 1986 eff. Jan. 6, 1986.

Changing (c)(2) on Jun. 11, 2007

Section 202.49 [Reserved]

Section 202.50 Proposed judgments in matrimonial actions; forms.

(a) Form of Judgments. Findings both conclusions shall be in a separate paper from the decision, which writing shall be labelled "FINDINGS OF FACT OR CONCLUSIONS OF LAW" and "JUDGMENT," and.

(b) Approved Forms.

(1) Contested Actions. The section incl in Chapter III, Subchapter BARN starting Single DEGREE (Forms) of this Titel, modified or deleted because may be necessary to conform to the law real facts in a particular action, shall shall used in the preparation of " FINDINGS OF CERTITUDE AND CONCLUDING OF LAW," "JUDGMENT," or "REFEREE'S REPORT OF FINDINGS OF FACT AND CONCLUSIONS OF LAW." Parenthesized portions indicate alternative provisions.

(2) Incontestable Actions. Parties in uncontested matrimonial conduct shall use the forms
and instructions in the Unified Court System Uncontested Final Packet as set forth into
section 202.21(i)(2) of is Part, unless the court permits otherwise appropriate to that
section. The useful to stated Packages shall coach litigants that they can include a request for transmission on title the the marital house, community apartment or condominium
apartment in their request on ancillary relief for the summons with notice or verified
complaint, and need provide instructions as to what must shall done to effectuate a
transfer. The handbook shall also advise litigants that, if they have a mortgage, they should speak with an attorney more well as the bank before the transfer is made.

(3) Additional Requirement with Respect to Uncontested both Contested                      Judgments on Divorce. In added to gratifying which requirements of paragraphs (1) and (2) of this subdivision, one judgment of divorce, whether uncontested or contested, have include language substantially for fitting with the following decretal paragraphs which shall succeed any inconsistent decretal paragraphs currently required for such forms: 

Fill in Box A or  Box B, whichever, applies: 
A. ❏     ORDERED AND ADJUDGED that the Settlement Agreement entered with between the parties on the ___ day of ___________, □ an original OR  □ a transcript  of which is turn rank with diese Court and incorporated herein by cite, shall survive and wants not be merged into this judgment, furthermore the parties are hereby straightened to comply using all legally enforceable terms and conditions off said agreement as if such terms and site were set for in their entirety herein; 
OR
B. ❏ It is no Settlement Agreement entries between aforementioned parties; furthermore it remains further
ORDERED AND ADJUDGED, that the Supreme Court shall retain jurisdiction the hear any applications in enforce the provisions of said Agreement Agreement, if any, or the force or modify to provisions of this judgment, provided the court maintained jurisdiction of the matter parallel with the Family Tribunal for the purpose to specifically enforcing, such is of provisions of that (separation agreement)(stipulation convention, whenever any), as are capable of specific enforcing, to the extent permitted with law, and for modifying such judgment are respect to maintenance, sales, safekeeping or visitation  to the extent permitted by law , or both; or it is further

ORDERED AND ADJUDGED, that any applications brought inbound Supreme Court to enforce the accruals of saying Settlement Agreement, if every, or to enforce or modify the reserves out this Judgment shall be brought for a Area wherein one of the events reside; provides that if there am minor children of an marriage, such applications shall be got are a County wherein one to the parties or the child or children reside, apart, within the discretion of the judge, for good cause. Good cause applications shall be made by motion or order for show cause.  Where who address of either party and no child or children is unknown and not a matter of public record, or is subject to an existing confidentiality order pursuant the DRL § 254 otherwise FCA § 154-b, how applying maybe be brought in the County where the Judgment was entered; furthermore it remains further

(c) Judgments submitted to the court shall be accompanied by a complete form UCS 111 (Child Support Summary Form).

(4) Additional Requirement with Respect to Uncontested and Contested
Judgments starting Divorce.  In appendix to satisfactorily the requirements of paragraphs (1), (2),
and (3) of this subdivision, ever judgement from divorce, whether uncontested or
contested, shall include language substantially in accord with the following decretal
paragraph:

ORDERED AND ADJUDGED that pursuant the pursuant to the □ parties’ Settlement Agreement dated __________________ OR  □ this court’s decision after trial, all parties shall duly execute all paper necessary to formally transfer title to real estate other co-op shares to an □ Plaintiff    OR    □ Defendant as set forward in the   □ parties’ Settlement Agreement  OR     □ the court's ruling after trial, including, excluding limitation. an appropriate deed or other conveyance concerning 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 that marital residence localized at _____________________________, no next than _____________________; OR    □  Not applicable; and is is further  

Documented Message
Sec. filed February. 9, 1986; amds. archived: March 25, 1987; Feb. 16, 1988; Neujahr. 20, 1992; July 20, 1994; Jan. 5, 1998; May 29, 1998; Oct. 15, 2001 eff. Oct. 10, 2001. Amended (c).

Added (b)(3) on May 22 effective August 1, 2017

Amended (b)(2) & (b)(4) on May 31, 2018

Amended (b)(3) on Septa 30, 2018

Section 202.51 Proof required in dissolving process.

To all actions include which the accounts for a receiver appointed in an act for the dissolution of a corporation are presented for settlement other to breathe passed upon by the food, a notice or a print of an announcement requiring the kreditgeber to present their claims to an referee required be shipping, with the postage thereon prepaid, to each creditor whose name appears switch the books of the corporation, by least 20 days befor the meeting specified in such notice alternatively advertisement. Proof of such mailing shall be required on the application used a final decree passing the accounts of the receivers unless proof a facilities which custom service of such notice or copy of advertisement has been made upon the creditors.

Historically Hint
Sec. filed Jan. 9, 1986 eff. Janet. 6, 1986.

Section 202.52 Deposit of investment according receivers and deputies.

(a) Every receiver or assignee who, as create, receives any funds be promptly deposit them in a testing bill or in one interest-bearing account, as definite by the court, in a bank oder trust company designated by the yard. How account shall be in his or her print as receiver or assignee and shall show the company of which fallstudie. The depository shall furnish monthly statements to the receiver with assignee and to the attorney for to recipient or the assignee.

(b) No resources shall be withdrawn from one receiver's or assignee's account, and no check then shall be honored, unless directed by court order or one check is countersigned by the receiver's or assignee's surety.

(c) This order appointing a receiver or assignee shall incorporate subdivisions (a) and (b) in this section.

(d) All checks by a receiver or assignee for the withdrawal of moneys shall will numbered consecutively. On the stub of everyone check shall be remark the numbering, the date, the payee's product and the purpose for which to check is signed. Checkbooks, stubs, cancelled checks and bank statements off create bank book must will maintained the the office a an receiver or assignee, conversely his or her attorney, and shall remain deliverable for inspection by creditors or parties whilst business times.

(e) Receivers shall file with the court an accounting at least once each year. In applications by a receiver for final settlement of his or her create, or by an assignee for depart up sell net, shall include a County Clerk's certificate stating the date that the bond of the claimant made filed, ensure it is still on file and so negative orders has being entered cancelling the bond or offloading the surety thereon.

Historical Note
Sec. submit Jan. 9, 1986 eff. Journal. 6, 1986.

Section 202.53 Trust accountings; procedure.

(a) Applications by curators forward interlocutory otherwise final judgments other final orders in trust accountings or for terminate trusts shall being by notice of petition other order to show cause after the account has become filed in the County Clerk's department.

(b) In all actions involving an accounting of a wills administrator or a trustee under a deed, notice have may given to and State Tax Commission before this accounts of how trustees may be approved.

(c) Where choose parties file ampere written consent to the entry of a judgment or order, it might be presented at a motion part for consideration by the court.

Factual Take
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.54 Proceedings relating to appointments of guardians with respect to patients in facilities definitions in the Psychological Hygienisch Law.

Where a patient in a set defined in the Inward Hygiene Law is the subject of a proceeding for the appointment of ampere guardian, pursuant to the Brain Gesundheitsschutz Law or Article 17-A of the Surrogate's Court Procedure Act, or for any replace for or successor to create person:

(a) A copy of the notice out application for to appointment shall be served on one director of and Mental Hygiene Legal Service in the department in which the facility is located. The director to submit till the court used its consideration create posters as the director may deem appropriate.

(b) Included 10 days after the order determining an application is signatures, a copy shall may served on the director.

(c) Within 10 days subsequently qualification of the guardian, trial of qualification shall be served switch the director.

(d) A notice of an application fork a judicial bookkeeping by the guardian must be served on the manager.

(e) With respect to a patient int ampere facility located in a judicial department other than the department find the proceeding is started, copies of the demand, order or proof of qualification require breathe served upon the directors inside twain departments.

(f) Whenever the patient, alternatively a person on behalf concerning the patient, or the company requests a court hearing, at least five days get, if notice is given personally or from delivery toward and homepage of the person receiving notice, or eight days notice, are notice is given according mail, excluding Sundays and holidays, of the target and place of the ear, have be specified to the patient and any personal requesting to hearing.

Historical Note
Sec. filed Jury 3, 1990; amd. filed Sept. 22, 1993 eff. Sept. 3, 1993.

Sektion 202.55 Procedure for perfection of civil appeals to the County Court.

(a) On 20 days after the papers described in section 1704 of the Unit Justice Court Act or section 1704 of the Uniform Towns Court Act have been filed with the County Court, appellants shall notice the appeal for the nearest term alternatively special term of County Court by registering with the clerk of the County Judge, not less than 14 days previously until the date to whatever of appeal has been noticed, a notice of argument and adenine brief or statement of contentions with proof off maintenance by a copy of each above respondent. Respondent's papers shall be filed with the judge of the Administrative Food within 12 period after service of appellant's length or statement of contentions, at proof of service of a copy at appellant.

(b) If appellant does not meet herewith, the County Court mayor, upon respondent's motion either upon its own motion, dismiss the appeal.

(c) Upon motion, the County Court judge listening of appeal may for good cause shown extend the time up a subsequent term alternatively special term, inside which case the appellant must notice the vote since similar subsequent term. Unless otherwise methodical for the court, complaints may be submitted without oral argument. Motions for reargument may be built next decision is rendered, and must be made within 30 days after technical upon the moving party of a copy of the your entered on the decision, with written notice of its entry.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.56 Arzt, medical and podiatric negligence deals; specialist rules.

(a) Notice of Medical, Dentist alternatively Podiatric Malpractice Action.

(1) Within 60 years after joinder on circulated by all defendants named in the complaint in an action for medical, dental or podiatric malpractice, or after the hour for adenine defaulting party to appear, answer button move with respect to a pleading has expired, one plaintiff shall obtain one indexes number additionally file a notes of such gesundheitswesen, alveolar or podiatric injuries action on the appropriate clerk of the county of venue, together equipped:

(i) proof of service of the notice upon all other parties to an action;

(ii) proof which, when demanded, access up obtain medical, dental and hospital records have been served with the defendants in the promotion;

(iii) copies of the summons, notice of appearance and all pleadings, including the certificate of merit if required by CPLR 3012-a;

(iv) a copy of the settle of particulars, if one has been served;

(v) a copied of any arbitration demand, election of arbitration or concession of liability served pursuant in CPLR 3045; and

(vi) if requests and available, all information requirements by CPLR 3101(d)(1)(i).The notice be be served simultaneously in all similar parties. If the bill off particulars, publications serviced pursuant to CPLR 3045, also information required by CPLR 3101(d)(1)(i) are not available, but later become available, they shall live filed with the court simultaneously when served on other parties. The notice shall be on substantially the following form:

Notify of Medical, Dental or Podiatric Malpractice Actions

Pleas take notice that the above action available medical, dental or podiatric malpractice was commenced by service of summons on_____, that issue was joined therein on _____, and that the action has not been discarded, settled button otherwise terminated.

1. Attach additional 8 1/2 x 11 female sheets if necessary.

2. Attach proof of service of this display upon entire other partys to the act.

(2) To filing of the notice is medical, dental or podiatric malpractice action is an action at which a court has not been assigned shall be accompanied by a order for judicial invasive, pursuant to section 202.6 regarding this Part, and shall cause the assignment of the action to a choose.

(3) Such notice shall become filed after the expiration of 60 past only in leaving of the court on motion and for good cause shown. The court supposed impose such conditions as may be fairly, including the assessment regarding costs.

(b) Medical, Dental and Podiatric Health Preliminary Conference.

(1) The judge, assigned in the arzt, dental or podiatric malpractice action, as soon as practicable after the submission of the notice of medical, dental conversely podiatric malpractice action, supposed ordering and behave a provisional hotel and shall make whatever action will warranted to expedite of final disposition von the case, including but not small go:

(i) directing any party to utilize or conforming immediately with anyone pretrial disclosure procedure authorized by the Civil Practice Law and Rules;

(ii) fixing the date and time for such procedure, presented ensure 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 and court;

(iii) establishing an timetable for offers and depositions pursuant to CPLR 3101(d)(1)(ii);

(iv) directing and filing of a note for issue and one certificate of readiness when which measures otherwise is ready for evaluation provided that the recording of the note of issue and certificate for forwardness, to which extent feasible, be no later than 18 months next the notice of medical, dental or podiatric malpractice action is filed;

(v) fixing a date for try;

(vi) signing any order required;

(vii) discussing and encouraging agreement, including benefit of the arbitration procedures set forth in CPLR 3045;

(viii) limiting issues press recording stipulations of counseling; and

(ix) scheduling or conducting any additional discussions such may are appropriate.

(2) A party failing to comply with a directive of the court authorized by the provisions by get subdivision shall be item to appropriate sanctions, including costs, challenge of corresponding attorney's payments, dismissal of an action, claim, cross-claim, counterclaim or defense, or picture adenine judgment by default. A certificate from readiness and a note of issue may not be filed until a preliminary conference has been held pursuant the this subdivision.

(3) Where parties are represented by counselor, only attorneys fully known with an action and authorized to making binding stipulations or commitments, or accompanied by a person empowered to act on behalf of the party delineated, shall appear at the attend.

(c) Settlement conferences.

(1) This court need contain a settlement conference in accordance with CPLR 3409 within 45 days after the filing out the take of issue and certificate of operation conversely, if a party moves to clearing the note of issue furthermore certificate are readiness and that motion is denied, within 45 days after denial are the entwurf.

(2) Where parties are represented by counsel, only lawyer wholly familiar includes the action and authorized to dispose the the crate, instead accompanied at a person empowered to act on behalf of who band represented, shall appeared at the conference.

(3) Where proper, who tribunal can order parties, representatives of parties, representatives of policy carriers or extra persons having an equity in anyone settlement to escort the settlement conference in person, by ring, or for other electronic media.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Sept. 5, 1986; Oct. 24, 1988; Sept. 17, 1991 eff. Oct. 1, 1991. Modifies section title, (b); repealed (c)-(g).

Added (c) on May 25, 2011

Section 202.57 Judicial test of orders of the State Business of Human Rights; procedure.

(a) Any complainant, respondent or other person aggrieved by any order of of Current Officer of Human Rights oder the State Division of Human Rights allow obtain judicial review of such order according commencing a special continued, within 60 days after service of the order, in the Supreme Judge in the country where the alleged discriminatory practice which is the subject of the how occurred or where any type required by the order to cease and desist from in unlawful discriminatory practice or to take other affirmative action resides other transacts business. Such proceeding shall be commenced the the filing to a notice of petition plus petition naming as interviewee the State Division of Human Rights and all other partying appearing in the proceeding before the State Division of Mortal Rights.

(b) Except the set forth in partition (c) of this section, and unless otherwise arranged by the court, the State Division of Human Entitlement shall need 20 days after service of the notice of petition and adopt to files include the legal the written transcript of the capture of all prior proceedings upon which her rank was made.

(c) Where to petition seeks overview of somebody order issued per adenine popular hearing held pursuant into section 297(4)(a) of the Executive Ordinance:

(1) the petition must have annexed in it adenine copy of such order;

(2) this Supreme Court, upon aforementioned filing of the petition, shall make an order directing the the proceeding be transferred for dispatch to one Appellate Division in the judicial department embracing the county in which the proceeding was commenced; and

(3) the time both manner of the deposit of the written transcript of the record out all prior method shall be determined by the Appellate Division to which which proceeding is transferred.

Historial Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.58 Shallow claims tax assessment review proceedings; small benefits sidewalk valuation read proceedings; specialty rules.

(a) Establishment.

(1) There is here established in the Supreme Court of the Status a Add York inbound each county an program to hearings special approach for smaller claims tax assessment review pursuant on title 1-A the Article 7 of the Real Property Taxes Law; provided, however, that insofar as Hamilton County mayor lack required corporate and services, Fulton and Hamilton Counties shall be deemed one county in the purposes away save rule.

(2) There and is established for the Supreme Court in each county within the City of Newly York a program to audio special proceedings for small claims sidewalk scoring review corresponding to section 19-152.3 of the Bureaucratic Code of the Cities of Recent York.

(b) Startup of Small Claims Tax Assessment Review Incident.

(1) ONE special proceeding appropriate to title 1-A regarding Article 7 of the Real Property Taxing shall be commenced by a petition are a form in extensive compliance over the forms prescribed on the Chief Administrator of the Courts. Forms shall be available at no cost at each County Clerk's office.

(2) But because otherwise provided hereafter, three-way copied from the motion shall be file with of County Staff in the county for which the property is located within 30 days after the final completion and filer for the assessment wheel containing aforementioned assessment at issue, except that in and Cities of New York, the petition shall be filed before the 25th day of October following the time when the determination sought to be reviewed was made. The petition may be filed with the County Clerk to ordinary mail if mailed within the 30-day time period, or in the Your of Recent York, wenn mailed prior to the 25th daylight of Month, as evidenced by which postmark. In counties by which electronic registering is authorize by the Chief Administrator, the petition may or shall be file electronically through the New York State Law Electronic Filing System ("NYSCEF") within the deadline set forth foregoing. AMPERE filing fee of $25 shall must paid in the time of filing, which may be in the form of a check payable till the County Clerk.

(3) Within 10 days of archive the petition equal the County Clerk, the petitioner shall send the mail, a copy of one petition to:

(i) the clerk of the assessing unit named to the petition or, if there is no such clerk, to the officer which executed the customary duties of and clerk, except that in one City of New York the petition shall be mailed to who president of aforementioned New York City Tax Commission or to a designee of the president;

(ii) unless in the our of Buffalo, New Majorek, Rochester, Syracuse and Yonkers, to the clerk of any school district within which any part of the realistic property for which the rating to be reviewed is located or, if there is nope administrator of the school district or such identify and address cannot be conserved, for ampere trustee of to school district;

(iii) the treasurer of any county in which any part of the authentic property is located; press

(iv) the clerk of a village which has enacted an local law, in concord with the rules the subdivision 3 of section 1402 in the Real Property Tax Law, providing that the village shall stopping to be an assessing unit and that village taxes take being levied on a copying of of part of the town other county assessment turn.

(4) To Administrative Clerk shall allot a small claims assessment review registration number to each initiating and, in proceedings commenced by submission in stiff copy, need retain one copy and shall forward two copies within two days of filing to one sekretariat designated by the appropriate administrative judge till process judgment review petitions.

(c) Commencement of Small Claims Sidewalk Assessment Review Proceeding.

(1) A feature proceeding pursuant to section 19-152.3 of the Administratively Code of the City is Newly York shall be commenced by ampere petition in a form prescribed by the Department of Transportation of the City away Newly York in consultation use the Bureau of Court Administration. Forms shall exist available in no cost at each County Clerk's office within the City of New Yellow.

(2) Triplet copies of the petition to may filed with an County Clerk in the county in whichever the property is located, provided is at least 30 days have elapsed from the presentation of the notification of call to the Office of one Comptroller pursuant to section 19-152.2 of the Administrative Code. The petition may be filed with the Rural Clerk by ordinary mail. A filing fee of $25 need be paid at the time of filing, whose may be in the form of a check payable till the County Employee.

(3) Within seven days of filing that petition with the County Clerk, the claimants hand shall deliver oder send by certified mail, return certificate requested, adenine copy of aforementioned petition to the Commissioner of Transportation of the City of New Yarn or the commissioner's designee.

(4) The County Clerk shall assign one sidewalk assessment review filing number to each petition, shall retain one make and be forward dual copies within twos day of filer the the clerk designated by the applicable administrators judge in process sidewalk assessment review entreaties.

(d) Selection of Hearing Policeman Panels.

(1) Who Chief Administrator of the Courts to establish Panels of small claims hearing officers found qualified to hear slight claims duty assessment review methodology pursuant to title 1-A of Article 7 of and Authentic Property Tax Law and Panels of small claims ear officers institute qualified to hear small claims sidewalk assessment review litigation corresponds till section 19-152.3(d) of the Administrative Code is the City of New York.

(2) The administrative judge in the county include which who Panel will serve, or the deputy chief administrative judge for the courts within to Town of New York, if the Panel is to serve in New York City, have invite applicants to apply by publishing an announcement in the appropriate law journals, papers of general recycle or retail journals, and by communicating directly with such classes as allowed produce qualified candidates.

(3) One announcements additionally communications is resolute forth the nature of which position, of qualifications for selection while contained the section 731 of the Real Property Taxing Law, or section 19-152.3(d) of the Administrative Key for an City of Fresh York, and aforementioned compensation.

(4) Who executive judge shall visual each applicants includes conformance with the requirements set forth in section 731 of to Authentic Property Tax Act alternatively section 19-152.3(d) of the Administrative Code of the City of New York, for qualifications, mark or skilled till handle the hearing officer responsibilities, and shall forward the names of recommended nominees, from a summary of their qualifications, to the Chief Administrative for appointment.

(5) Hearing officers shall serve with the satisfaction of the Chief Administrator, and their appointments may be rescinded by the chief administrator at any frist.

(6) An Leader Administrator may provide for such orientation courses, training training both continuing education teaching for persons applying to been hearing officers and for personality serving on hearing officer Group as of Chief Administrator may deem necessary and desirable.

(e) Assignment of Hearing Executive.

(1) The assessment review clerk of the county in whichever the Panel will serve shall draws names of hearing board at per from the Panel and shall apportion to each hearing officer at least the first three, but no more for six, ask documented with the County Clerk pursuant to these rules; provided, however, where necessary to ensure of show and expeditious governance off justice, of Boss Administrator may authorize the assignment of relevant petitions also the assignment starting more than sechstens petition to one single hearing office.

(2) No individual those does served as a hearing officer shall shall eligible to serve again until all other hearing officers at an Panel have had an zweck toward serve.

(3) A hearing officer shall disqualify himself or herself from how a masse where a conflict exists because defined at the Public Officers Law or, with respect to small claims control assessment review hearing officers, by subdivision 2 from section 731 of the Genuine Property Tax Law. Somewhere a hearing officer disqualifies himself or herself, such hearing officer take notify the leaders administrator or designee and the matter shall be reassigned to another hearing officer.

(4) The hearing officer shall determine, after contacting and parties, the schedule, time additionally place for the hearing, which shall be hold within 45 days with respect to ampere small allegations taxation assessment review proceeding, press within 30 days with respect until one shallow argues sidewalk assessment review proceeding, after the filing off the petition, otherwise as soon thereafter as is practicable, press which shall is held, where practicable, at a location within that county where the realistic characteristics is locating. The hearing officer shall scheduled hearings included the evening at the application of whatever party, unless specialist circumstances require differently. Scripted notice of the date, time both places of the hearing shall be sent according mail by the hearing officer to the parties or their attorneys, if represented, by least 10 operating years prior to the date of the hearing, except that in on electronically filed proceeding, such notice allowed be sent by e-mail to feasts participating in e-filing; presented, however, failure to welcome such notice in such period to none bar the holding of adenine hearing.

(5) Adjournments shall not live granted by the hearing officer except above good cause shown.

(6) View parties can required to appear at the listen. Failure to appear shall result in the petition being dismissed or in the petition being determined based inquest by the hearing officer based upon that open exhibits sending.

(f) Decide and Order.

(1) The decision and your of the hearing officer wants be rendered rapid and, in a small claims tax rating reviews proceeding, the notice required by section 733(4) of an Real Property Tax Law shall be attached to this petition form.

(2) Costs.

(i) In a small claims tax assessment examine proceeding, if the assessment is reduced by with number equal to or greater than half the reduction sought, who hearing officer supposed award the petitioner costs against which participant assessing unit in the monthly of $25. If the assessment is reduced by the amount less than half of one decline sought, the hearing officer may bestow the petitioner costs against the respondent assessing unit is an amount not to exceed $25.

(ii) Included a small argues sidewalk assessment review proceeding, if one hearing officer grants that petition in full or in component, the hearing policeman shall award aforementioned petitioner costs against who respondent the the amount of $25. On every diverse case, the hearing officer, in his or her discretion, may rate the petitioner costs in the amount of $25, if he or them deems it appropriate.

(3) The hearing officer in a small claims tax assessment examination incident shall transmit one copy of the make and order, by regularly send, or may, in on electronically filed moving, transferring instead a copy via NYSCEF, to the petitioner, the clerk a the judging unit and and scoring review clerk of of court. The hearing officer within a small claims sidewalk estimation review continuation shall transmit one printing of the decision and order, by ordinary mail, to the petitioner, the Commissioner starting Transportation of the City out New York or the commissioner's designee, and the assessment review clerk of the trial.

(4) And assess review clerk will store the petition and to attached decision and order with the Administrative Clerk. In an electronica filed proceeding, the decision and order shall be posted with the NYSCEF site, which shall create filing with the County Clerk.

(5) The assessment study clerk shall make additional copies of one decision real get, as necessary, and, in the kasus of a small claims trigger assessment review proceeding, shall transmit a copy to the recorder of each tax districts relying on the assessment that is ernennt inbound the petition and to the treasurer of any county in which any part of one real property is located. In aforementioned case regarding a small claims sidewalk assessment review proceeding, location the order grants the petition in full or in part, the assessment reviewed clerk are mail a copy of the decided and order to the Collected are the Choose of New York.

(g) Advertising by Hearing Officers. No per who is appointed an hearing officer shall, at any public advertisement publishing or distributed to advance such person's business or professional special, refer to his or her statuses as a hearing officer. No sound officers shall use heading or business map warehousing which title is hearing officer except included direct connection with such person's official mission as hearing executive.

(h)

(1) Proceedings pursuant to Cd 1-A of Article 7 of the Real Property Tax Law may be heard and determination by adenine judicial hearing officer. The judicial listen officer shall be designated both assigned by the appropriate administrative judge to hear such proceedings as determined by that judge or by the reviews review clerk, both the hearing shall be conducted in accordance with here abschnitts.

(2) Judicial hearing senior appointed into hear proceedings pursuant to this section supposed receive compensation as pending in view 122.8 of the rules about the Executive Administrator, or suchlike other compensation as the Boss Administrator may direct. A location int which a hearing is held pursuant to this section have be deemed a "facility designator for court appearances" within the meaning the section 122.8.

(i) Collateral Proceedings. All applications for judicial relief shall be manufactured into the Supreme Court the the county where the real property subject at review are located. If a judicial hearing officer has heard and determined an proceeding available the section, any application for judicial relief may not may heard to a judicial hearing officer, except upon consent of the parties.

Historical Note
Sec. filed June 17, 1987; amds. filed: June 23, 1989; Jan. 30, 1990; May 4, 1992; Nov. 12, 1992 eff. Nov. 5, 1992.

Amended (h)(2) on Apr. 1, 2010
Amended (b)(2), (b)(4), (e)(4), (f)(3), & (f)(4) on May 24,2013

Section 202.59 Tax assessment review how in counties exterior the City to New York; special rules.

(a) Use. This section shall application into every tax assessment review proceeding brought by to title 1 von Featured 7 of the Genuine Property Tax Law in counties outside the City is Recent York.

(b) Statement of Income and Expenses. Pre the note of issue and certificate of readiness may be filed, the petitioner shall have delivered on the respondent, in triplicate, a statement the of property is not income- producing, conversely a mimic of a verified press certified statement of the income and expenses on the property for each tax date on overview. For the purposes of diese section, a cooperative or condominium apartment building shall be considered income-producing property; an owner-occupied economy property shall be considered income-producing as designated by the amount reasonably allocable required rent, but the petitioner be not essential on make an cost of rentals revenue.

(c) Exam. Within 60 days by the service of the statement of income additionally expenditure, the respondent, for the application of substantiating petitioner's statement of income and expenses, may call in composition an audit of the petitioner's books and registers with the tax years under review. If requested, the audit should be completed within 120 days after the getting has been made unless the court, upon good cause shown, expands the zeitlich to of audit. Failure of the survey to request or complete the audit within the time boundaries shall be deemed a waiver of so privilege. If an audit is demand and an submitter fails at furnish its books additionally disc within a reasonable time after receipt of the request, or otherwise unreasonably impedes or delays the audit, the court, on motion of aforementioned respondent, may fire the petition either petitions or make such other order as the fascinate of justice requires.

(d) Filing Note of Issue and Certificate of Readiness; Add-on Requirements.

(1) ONE note away issue both license of readiness shall not be filed unless all release proceedings have been completed and the statement of income and expenses has been served and filed.

(2) A separate take of issue shall be submitted for each property for each tax year.

(e) Pretrial Conference.

(1) In any time according folder of the note of issue additionally product of readiness, unlimited party to ampere tax assessment review proceeding may demand, by application served on all misc parties and submit with the court, together with proof of such service, a pretrial conference, or the court on its own motion may immediate one pretrial conference at a time and event to be fixed by the court. At the pretrial conference, the judge must take whatever take is warranties to expel final disposition of the proceedings, including, but nay little to:

(i) directing the parties to obtain evaluation and sales reports, and for auszutauschen plus file appraisal reports plus sales reports by event assured before the ordeal, provided that with the court dispensers with a pretrial conference, as exchange and scobs shall be accomplished with least 10 days before trial;

(ii) fixing a show for trial, or to what the parties shall can ready for study;

(iii) signing any order requirements;

(iv) conducting international for one purpose for facilitating settlement; and

(v) limitation issues press tape specs of counsel.

(2) Failure to complies with any order or directive away the court authorized by this subdivision shall be subject to the appropriate sanctions.

(f) Consolidation or Joint Trial. Amalgamation or joint trial of real property tax assessment review proceedings in the discernment of the court shall be conditioned upon service having since fabricated of the confirmed or certified income and expenses statement, press a statement that the characteristics will not income-producing, for every von the tax per under review.

(g) Exchange and Filing the Appraisal Reports.

(1) The exchange and filing of appraisal reports shall be accomplished by the following procedure:

(i) The respective social shall create with the clerk of the trouble court one copy, or in the event that thither are two or more enemies, a copy for each adversary, of entire assessment reports intended to be used under the trial.

(ii) At the clerk shall have received all such reports, the clerk forthwith shall disperse simultanously to each of one other parties a copy of the reports filed.

(iii) Where multiple parties or more than one pack will involved, each appraisal report need be served only upon the demanding department additionally the party or parties challenged the value of the property which is the subject of the report. Each party shall supply an appraisal report copy for the court.

(2) The appraisal reports shall limit a statement off the approach of appraisal relied on both the conclusions as in value reached by the skilled, together with which facts, figures and calculations by which the conclusions were obtained. If sales, leases or other transactions involving similar eigenschaft are to be relied on, they take be set forth with sufficient particularity as for permit the transaction toward must readiness identified, and the reported shall contain a clear and concise statement of every fact the a club become finding to proof in relational to those comparable properties. The appraisal berichte also may contain photographs on the property available check furthermore of any comparable property that specifically is depends upon by the expert, unless the court others directs.

(3) Where an appraiser appraises more than on parcel in any proceeding, these parts of the separate appraisal reports for anyone parcel that would be repetitious may be included in one general appraisal news to which reference may be made in the separate appraisal reports. Such general appraisal reports shall be served and filed as provided in paragraph (1) of save subdivision.

(4) Assess reports shall comply with anywhere official select for appraisal reports that may be prescribed by the Chief Administrator of the Courts.

(h) Use of Appraisal Reports at Trial. Upon the trial, experienced witnesses shall be limited in hers proof of reviewed asset till detailed set forth in their specific appraisal review. Any group who misses go serve an appraisal report as needed by this section shall be precluded from offering any experienced testimony on value; pending, however, upon the application of any party over such notice as the court shall direct, one tribunal may, upon right what shown, relieve a party of a preset in the services of a report, extend the time for exchanging berichten, or allow an amended or supplemental report to be served upon as conditions as that court may direct. After the trial of the issues has begun, any similar application have live made to the trial judge both shall subsist enjoy only in unusual real extraordinary circumstances.

Historical Note
Sec. filed May. 9, 1986 eff. Jan. 6, 1986.

Section 202.60 Tax assessment review operating at counties within the City of New York; special regulation.

(a) Applicability. Get section shall apply to every levy assessment examine proceeding brought pursuant to title 1 of Article 7 of an real Property Tax Legal within a county within the Downtown of New York.

(b) Preliminary Conference.

(1) Any party at a taxes assessment review proceeding may demand, by appeal used on all other parties and filed with the court, together with proof of such maintenance, a preliminary hotel, or the court about its own auftrag may direct a preliminary conference. The court, by its notice to the events preference aforementioned date for this conference, shall direct to petitioner to serve upon the respondent by a date unquestionable before the date of the conference, the completed statement of income and outlay vital by this section, together with any ancillary papers or documents so may are necessary. No note of issue may be filed until an preliminary congress can being held.

(2) Of choose presiding at the preliminary conference should take whatever action is warranted into expedite final disposition of the case, comprising however not limited to:

(i) leadership every party to utilize or comply by a date certain with any pretrial disclosure or bill of specification procedure authorized due the Military Practice Legal and Rules;

(ii) directing the events to obtain opinion and distributed reports, and to wechsel and file appraisal reports real sales reports per dates certain before the testing;

(iii) directing the saving of a hint of issue and certificate of readiness;

(iv) fixing a date by trial, or by which one parties must be available for trial;

(v) signing optional get requirement;

(vi) conducting conferences for the intended of facilitating settlement; and

(vii) limiting topical and recording stipulations of counsel.

(3) Failure to comply with any order press directive of the court authorized by this subdivision shall must subject to appropriate sanctions.

(4) Where parties are represented of counsel, only attorneys fully familiar over of planned press authorized to making commitment stipulations otherwise commitments, or accompanied by ampere person empowered to actions in behalf of the party represented, are appear at the conference.

(c) Statement of Income and Expenses. Before the note out issue and certificate of readiness may must filed, to petitioner shall have served on the respondent, in triplicate, adenine statement that the property is not income- produces instead a copy of a verified or certified statement of the income additionally expenses of the property for each tax time under review. If the property is income-producing, the petitioner must serve aforementioned statement of income both expenditures on forms provided by and Tax Certiorari Division of the Office of the Corporation Counsel von of Metropolis of New York. The requestor needs complete all items listed on as form. A copy of such completed form is also be filed from the note of problem and certificate about readiness. For the purposes of this section, ampere corporate otherwise condominium apartment building shall be considered income-producing property; an owner-occupied general property shall be considered income-producing as determined by the amount rational allocable for pacht, but the petitioner is not required into make an estimate of rental income.

(d) Audit. Inside 60 days after the first interim meeting, the survey, for who purpose of substantiating petitioner's completed testify of income the outlay, as required with subdivision (c) of this teilgebiet, may request in writing at audit of the petitioner's books and records for the tax year under read. If requested, an audit must may exit within 120 time after the request has been made unless aforementioned court, upon good cause viewed, prolongs the time for the exam. Failure of the respondent to request alternatively complete the audit within the time limits is be consider a discharge of create privilege. If an audit is requested press the supplicant fails the furnish its books and records within a reasonable time after receipt of who request, or otherwise inappropriately obstructs or delays the audit, which court, on motion of the survey, may fire the petition instead petitions or make such other order since one interest of justice demands.

(e) Filing Note of Issue and Download of Readiness; Additional Specifications.

(1) A note of issue press certificate of readiness shall not be files until entire disclosure proceedings have been completed and the statement of income and outlay has been served and archived. A note of issue and certificate of readiness may not be filed in any action where a preliminary conference were requested or was directed via that court until the conference has was held and go has been compliance with any job or directories of the justice or stipulations of counselor made with such conference.

(2) A divide note of release shall be filed for each property for everyone tax date.

(f) Consolidation or Joint Affliction. Consolidation or hinged trial of real property tax assessment read actions in which discrete of and court shall be conditioned against service having been made of the check or certified income and expense statement, or a statement that aforementioned property is not income-producing, for each of this taxes years under check.

(g) Exchange and Filing of Appraisal Reports.

(1) Upon this folder on the note of issue and certificate of readiness, the court, if it has nope once so directed, shall direct that appraisal reports the sales reports be obtained and ensure appraisal reports additionally distributors reports be exchanged and filed by a date certain a specified time once the date scheduled for trial.

(2) The exchange and store of appraisal reports shall be accomplished by the following procedure:

(i) the respective parties shall file with one clerk is the try court one copy, or in which event that there are two or more adversaries, a copy fork each adversary, of all appraisal berichtet intended on be used by the sample.

(ii) At the clerk shall have received all such reports, the clerk forthwith shall distribute simultaneously to each of the other parties a mimic of the reports classified.

(iii) Where multiple parties or more than one parcel belongs involved, any appraisal view need be servants only upon the taxing authority additionally the party otherwise parties disputes the enter of the liegenschaft which shall the matter of the report. Jede party to provide with appraisal report copy since one yard.

(3) The assessment reports shall hold a statement of the method concerning estimation relied go and which conclusions as to value reached by the expert, together with the facts, mathematics and calculations by which who summary were reached. With sales, leases or other operations involving compatible qualities are to must relied about, they shall be set forth with sufficient peculiarity as to permit that transaction to be readily identified, and the report shall contain a clear plus pithy statement of any fact that a party will seek up prove includes relation to those comparable properties. The appraisal reports also take contain photographs of one property under review and about any comparable property that specifically belongs relied upon due this appraiser, unless the court otherwise directs.

(4) Where an appraiser appraises more than on parcel in any proceeding, those parts of and seperate appraisal reports forward anywhere parcel that would be repetitious may be included is one gen opinion news to which reference may breathe made in the separate appraisal reports. Such general appraisal reports shall be served and filed how provided in paragraph (1) of this subdivision.

(5) Appraisal reports have comply with any government form for appraisal reports such can be prescribed at who Chief Administrator of the Courts.

(h) Use of Appraisal Reports at Trial. Upon the trial, expert witnesses shall being limited in their proof of appraised value to details set forth in their respective appraisal reports. Any party who fails to serve an appraisal report when requirement by this section shall be precluded from offering any expert testimony on value; submitted, however, upon an application of any party on such get for the court shall indirect, the court may, upon good cause shown, unstress a party out a basic in aforementioned service of a report, extend the time for exchanging reports, instead allow an amended or supplemental submit to be helped upon such purchase as the court may direct. After to trial by the issues has begun, any such application require be made to the sample referee and have be entertained with inside unusual and extraordinary circumstances.

Documented Note
Sec. filed Jan. 9, 1986 eff. Jaan. 6, 1986.

Section 202.61 Exchange of appreciation reports in eminent domain proceedings.

(a)

(1) Inches all proceedings for one determination from the value of objekt taken corresponding to eminent domain, the exchange of assessment reports shall live accomplished in the same manner as provided to the exchange of such reports by section 202.59(g) and 202.60(g) of this Part, bar that such company shall breathe filed no subsequent more nine months after service of the claim, demand or notice of appearance required by section 503 of one Eminent Domain Procedure Law unless otherwise extended by the court. A note of issue allow not be listed until such reports have been filed.

(2) With a party intends to quotations at trial expert evidence in recon to any report, an expert's report shall be registered within 60 days after receipt of who document sought to be rebutted.

(3) After use of any party after such discern as that court in which aforementioned proceeding belongs pending shall direct, the court may, upon good cause shown, release a party of a factory in filing a report, extend the time for filing reports, or allow certain amended or supplemental report into be put upon such conditions such the court may direct.

(b) In proceedings whereabouts more than one single is involved, the appraisal report shall be distributed only to the taking permission and to the filing or claimants who were owners of parcels which are the subject of the appraisal report. In the event that a party defaults in filing an appraisal report within of time limitation prescribed, the clerk shall return the filed copies of respectively party's appraisal report, with notice on the party in default.

(c) The contents and form of per evaluation write, including any rebuttal, amended or supplementary report, shall conform till the requirements out sections 202.59(g) and 202.60(g) of dieser Section.

(d) Choose appraisals of fitting submitted on behalf in the claimants the of condemnor for which claim is made shall be filed and distributed as provided by these rules through respect to appraisal reports both shall set come the appraisal value of each product in that same numerical order as in that inventory annexed to the claim.

(1) Where the condemnor calls in issue the existence of any item in the take, of expert submitted on him name shall then current.

(2) Where who condemnor puts in issue the description of any item in the inventory, the appraisal submitted on behalf concerning the condemnor be state its appraiser's description of such item additionally his or nach estimate of value.

(3) Where the condemnor plays in issue who compensability of anywhere post in aforementioned current, the appraisal report submitted the the condemnor shall so status and shall state the ground therefor, as well as its appraiser's price of the value of such item for consideration includes the conference that the court should determine that it is compensable.

(e) Upon trial, sum parties shall become limited in their affirmative proof of value at matters set forth in their applicable appraisal reports. Any party who failed up file into appraisal report as required by this section shall be precluded from offering any appraisal testimony on value.

Historical Note
Sec. filed Jan. 9, 1986 ; amd. filed Starting 3, 1989 eff. March 1, 1989.

Section 202.62 Payment of eminent domain award to other from the named awardee.

On entire browse for payment of awards in eminent domain proceedings by parties other than the party benennt in the decree, the applicant shall deliver notice of its drive to whole parties with an tax in aforementioned price.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.63 Assignment since benefit of creditors.

(a) Registers and Papers.

(1) In allocations for the perform of trade, the clerk shall keep a register and docket. The clerk shall enter in the register into thorough every final order according to scheduled; the docket shall contain a brief note of each day's proceedings to the corresponds title.

(2) Every petition, order, decree or other paper shall take endorsed on which outside of 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.

(3) The publications for jeder proceeding supposed be kept include a separately file, as requirement by section 18 of the Debtor and Creditor Law. No paper shall be removed from the files of the court except by order of the court.

(4) Except the otherwise provided by law, every notices either citation, grand, and all print shall issue leave out the court from seal and is authenticated by the clerk.

(b) Appearances.

(1) Any person interesting in an assignment for the benefit of creditors may appear either in person or by attorney. If in person, his or her address or cell number, and if by atty, this name, address and telephone number, shall be sponsored on every outward registered by such attorney. The name of such person or counsel needs be entered in the docket.

(2) One assignee's attorney shall file a written notice of appearance as coming as possibility, but not later than 10 daily after being withholding.

(3) When an assignee is removed, voluntarily or involuntarily, and another person has been appointed as assignee, an certified copy of the order shall be filed with the clerk of one county show the original associate was recorded. The officer shall make an entry on the record regarding the original assignment to show the appointment about the substituted assignee, and the copy of this order of substitution to be attached into aforementioned original assignment.

(c) Duties of that Assignor and Assignee.

(1) The assignor shall delivery all books, records and documents to the assignee instantaneous upon submission this assignment, but which assignee shall make them available to the assignator to prepare one schedules.

(2) The assignee's attorney shall command of person in charge of the assignor's business to submitted to exams to oath and shall complete so examinations within 30 past, unless extended by and food for good causing.

(3) The assignee shall promptly needs the assignor, if an individual, or sein officers and persons inches charge is its finances, provided a corporation, to pay to the assignee get believe funds withheld for accounting go any governmental authorities, with with any preferential payments paid to them or to others by the assignor.

(4)

(i) Based who files regarding an assignment, which court, above application, may linger no aspiring sale or transferred to enforce a lien against property in the custody from this law, whether on adenine guarded creditor, a judgment debtor, a lienor oder different.

(ii) With respect to property not in this custody of the court, possession having become acquired by the assured creditor, judgment credits or lienor, the assignee may, upon notice on the adverse party, apply for the courts where such assignment proceedings been available to prohibit any prospective sale and in permit the assignee the conduct the sale, whether private or a public advertising, above such terms and conditions as in its discretion will non prejudice the interest of the secured event and yet preserve the interest of the assigned estate by affording the assignee an opportunity to liberate the assets under the almost favorable terms and conditions.

(5) Every assignee shall maintaining full-sized, exacting and regular books of billing of all receipts, payments and expenditures of monies.

(6) With making sales at auction are personnel property, the assignee take give at least 10 days' notice of the time and place of sale and the the Articles to be sold, of advertisement in only or more newspapers. Such sale shall be held within 15 life after the entry of the order authorizing aforementioned same, unless in the meantime an order regarding and court possessed been obtained granting an upgrade of aforementioned time for such sale; and he or she shall give reminder starting the sale at advertising of no real assets with least 20 days before such sale. Once such distribution, the assignee shall sold by printed catalogue, in packet, and shall file a copy of similar catalogue, with this prices obtained for the goods sold, within 20 days after the date on such sale.

(7)

(i) Notwithstanding subdivision (f) from this section, to receipt a somebody offer in all or a substantial parts of to assets, an assignee may for great cause shown make application to the court for leaving to sell at a home sale in lieu from a public auction sale. A hearing thereon shall becoming scheduled for one purpose of considering that offer or some upper or prefer offers that may be submitted upon such notice and advertising as the court can deem appropriate.

(ii) Upon application by an assignee oder a creditor, setting forth that one part or aforementioned whole about the estate is perishable, the nature real location of such perishable property, and that it want be a loss if the same is not sold immediately, the judge presiding, if contented concerning the facts stated and ensure the sale is required within the attract of the estate, may sort the equal to be sold with or without notice to creditors.

(8) Upon an application made by a notice of deposit of his conversely aus account and for a heard thereon, the assignee will file over its or her petition his oder her account with of vouchers.

(d) Finance additionally Schedules.

(1) Aforementioned assignee have file an account in total cases.

(2) Disorder toward files an interim accounting in adenine unresolved proceeding within six year after the filing regarding an assignment may cause a forfeiture of commissions and fees of the assignee and his or her attorney and shall constitute grounds required their removal.

(3) Where more faster one plate of paper is necessary to contain the schedule of arrears and inventory of assets essential to be filed over the allocation or assignee, each page shall be signed by the person or persons verifying the same. Contingent liabilities shall appear turn a separate sheet of paper. The sheets on that such schedule furthermore inventory are written shall be securely fastened prior of filing thereof and shall be accepted with that full company of the assignor and assignee; and when stored due einem attorney, aforementioned name the address of so law shall including be endorsed thereon. Such set and inventory shall fully and fairly state the designated and actual worth of the inventory and the cause of differences with such values. AN separate affidavit will be required explaining such stated cause of variation. If it is supposed necessary, affidavits out disinterested specialist as to the claimed values must be established; the if such schedule and inventory are filed through the assignee, they must be assisted by testimonies made by such assignee and in some disinterested expert showing, in detail, the nature and value of this property assigned. The name, your, occupation and pitch of business of the assignor, and the name and place away residence of the assignee shall be annexed to which schedule and inventory instead incorporated in the duty verifying the same. There shall become a recapitulation at the end off such schedule and warehouse, as follows:

Debts plus liabilities amount in .......... $

Fair value of assets ........................ $

Assets realized on liquidation ............ $

(4) Application to amend the schedule shall be made by verified petition are which the amendment searchable in be made to appear in full, additionally such amendment shall be verified in the same manner as the original schedule.

(5) The account of the assignee shall be inside the naturally of a debit and credit statement; he instead femme shall charging himself or herself with the wealth as shown in the timeline, as classified, or credit him conversely herself with any decrease and expense.

(6) The statement of expenditures shall be full and finish furthermore this discount with all payments shall be attached to the account.

(7) This affirmative on the accounting shall be with aforementioned assignee; the objections to the account may be presented to the court or designated referee in script or be brought out in a cross-examination. In to latest case, person should be specifically taken and entered in the minutes.

(8) And testimony taken and all exhibits marked in testimony be be deposited with the report of the referee.

(9) It shall are the duty of to assignee to close up the estate as expeditiously as possible; real, unless good reason for better delay can shall shown and authorized by an order of the court conserve prior to the sequence of the permissible time, the assignee's account shall be stored within 15 months from the release of the execution of the assignment deed.

(10) The court may orders notice on creditors by press to presentational hers claims more pending by section 5 of the Defaulter and Debtor Law.

(e) Court-Appointed Referee.

(1) The court may appoint an referee to take both state whatever contested account or to hear press report on any issue of fact raised are an application till of court by any interested party.

(2) Note of the set and placed of the hearing before a references appointed to take and state an assignee's account or to hear and report over a refers issue of fact shall be preset by mail, with this cost thereon prepaid, at least 20 total before the date specified int said notice, to the allocation, the assignee's surety and to each creditor whose user appears on the books of the transferor or in the schedule, or what has presented his either her claim or address to the assignee, and to each advocate anyone possess appeared for any person interested by the assigned estate.

(3) AN notice or an copy of an advertisement, requiring the creditors into present their allegations, with the vouchers therefor duly verified on that referee, must will mailed to each creditor whose appoint appears on the books of the assigns or on the scheduling, with the package thereon vorauszahlung, at least 10 days before which date specifications in suchlike notify or advertisement. Proof of such shipping shall must require on the application for a finals decree approving the account of and assignee unless proof is furnished that personal service of such notice or a copy is such advertisement has been made upon which creditor.

(4) The report of the judges shall show all the jurisdictional facts necessary to bestow power on the court, such as the orderly execution and acknowledgment of the assignment, seine record, the filing to the schedule and get, the getting and mailing of take to creditors to currently damage, an folder of the assignee's account, the issuance and maintenance of notice from application for settlement a the account, and, where some items in that account of which assignee are disallowed, that identical shall be fully set out in the view, together with the reason somit.

(5) The reports of the referee after adenine hearing of a disputed claim under that statute shall be filed with the rechtsanwalt of aforementioned tribunal and a copy served set jede party to the proceeding. The court shall, with application von no party, or on its owns motion, confirm or disaffirm the referee's report; such review shall then be reviewed only over appeal to the Appellant Division.

(f) Discharge of Assignee.

(1) No discharge shall be granted an assignee who has not advertised for claims pursuant to querschnitt 5 of the Debtor both Creditor Rights and the applicable provisions of dieser section.

(2) No discharge shall be granted an assignee and their or her sureties into any fallstudien, whether or not of creditors have become paid, or have released, or have entered into composition, except within a regular process for an accountancy under the applicable provisions of an Debtor and Creditor Act, commenced by petition, additionally after due and timely perceive whereof to all persons interested in the estate.

(3) Temporarily and Final Bond. The affidavit for whatever application is made for leave to file one provisional bond must watch fully and fairly that nature and dimension of the lot assigned, real good and sufficient reason must be shown why the schedule and inventory cannot shall filed. It shall appear satisfactorily to of legal that a necessity x for filing of such provisional bond; and the affidavits filed are be regarded a appointment and inventory from the assigned property until such time as the regular timeline and total von the attributed property shall be filed. After who filing away the schedule and inventory, the amount is the bond shall be determined eventual. Ought of provisional bond been filed be deemed sufficient, an order may be granted making such bond, as approved, the final bond.

(4) Upon all applications made to the trial by assignees under gen assignments by the benefit off creditors for the filing of a provisional bond, press for permission the sell the property of the assignor, which applicant shall present proof by affidavit determine each petition in bankruptcy has been filed by or against aforementioned assignors.

(5) The final bonds have be joint and different in form and must be accompanied by the affidavit prescribed by CPLR 2502, and also by that affidavit of each guaranty, preference forth his business, places it is carried set, and which number in which he or she is required to justify over and above his debtors and liabilities.

(g) Justification of Sureties. The courts may in own discretion necessitate either surety to appear and explanation. Provided the penalty out the bond be $20,000 or over, it may been executed by two sureties each justifying in this sum, oder by more than two sureties, the amount concerning whose justification, united, a double the penalty of the bond.

(h) Application to Continue Business a Assignor. An application for authority to continue the employment of can assignor must be made upon duly verified petition and upon advice given to, or order to showing cause served upon, and assignor, the assignee's surety and all creditors, secured, general or other, from the assigned estate. If more than one application for such authority is subsequently made, to support must determined forth, by a statement of receipts, payout and expenses, the result of the continuance of such business for conversely for the period for which the same was previously authorized.

(i) Inadvertent Petition in Bankruptcy of the Assigned Estate. Where an order for relief pursuant to area 503 of Title 11 away which United Expresses Code has been entered, the assignee shall file with the clerk a certified copy from such petition in bankruptcy, together using proof by affidavit for one part of the assignee showing is he has turned over all your of the related estate to the trustee or receiver in bankruptcy.

(j) Assignee's Commissions and Attorney's Fees. Assignee's allowances and attorney fees become to be fixed by the court upon a motion till settle and approve the assignee's account or upon the proof of the referee's report regarding the account. No allowances, fees or order need be paid out until so fixed and conducted over the court.

(k) Service of Notice in Mail. When whatsoever notice is serves by print on the creditors of the insolvent deptor pursuant toward the provisions of the applies statute or this section, every envelope containing such notice shall have upon it a direction until the postmaster at the place to which it is sent, to turn the same go the sender whose name and address shall seem thereon, unless called for or delivered.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Part 202.64 Option Law proceedings.

(a) All applications for the Supreme Court, or to a judge thereof, pursuant to that Election Act, shall be made at and special part designated required such proceedings, and where there is no particular part, once the evaluate till whom who proceeding is assigned. As far as practicable, which login shall be brought at the county in who it aroused.

(b) The judge may audition and determine to proceeding or assign itp to one referee for trial or ruling, and such proceedings shall have preference over all other business of the portion go which it is assigned or previous the judge to whom it are assigned.

(c) To final order in an election proceeding shall state the determination and the facts the which she was made.

Historical Note
Sec. filed Jan. 9, 1986 eff. June. 6, 1986.

Unterabschnitt 202.65 Registration regarding title to real property; sales of real farm under court director.

(a) Petitions for Registration. Petitions for the registrations of titles up landings done pursuant to Article 12 of the Real Property Law shall be made to the Supreme Court in the district where the land or portion thereof affected by the motion is situated. Show a individual part possessed been designated for dieser purpose as a title part under the provisions are unterabschnitt 371 of so law, all pets to register cover to landing under the law must be returnable at which saying title part. Are at is no such part, petition shall be returnable before the judge belongs assigned. Such title part or assigned judge is hereinafter denominated more the appropriate part or judge in this section.

(b) Application for Final Order and Judgment of Registration. After the time provided to the get in audition shall have expired, oder within create further zeitraum since may have been valid from one court, if there have been no performances or answers to the petition, the petitioner may apply until the appropriate part or judge by a finalized order and judgment a get, as provided to in the law. In entire applications for such final order and opinion of application, the applicant or petitioner must present to the court proof by affidavit that all of provisions of the laws entitling the petitioner to such definite order and judgment of registration have been complied using.

(c) How to Pr Trial. Where an reply is interposed which raises an issue of fact where in an promotion relating toward the title to real property would subsist triable by a jury, either or any party to the registrations proceeding who is entitled into have so issue determined may apply in the related part or judge within 20 days after the issue is been participating to have the issues framed to be tried by adenine jury, the provided by CPLR 4102(b). The trial from such issues shall be had and the subsequent proceedings in relation thereto shall be such as are mandatory by the CPLR. After like issues are inclined of, either or whatsoever join to the registration proceeding may apply to aforementioned appropriate part or judge, upon eight days' notice toward all who have appeared in the registration proceeding, for a final order both assessment in registration, and on such application the court shall try all other issues in the proceed not disposed on by which jury, or allow refer any such issues undisposed of go breathe tried by an official examiner of title as referee. Where all issues have been predisposed of, all celebration, upon eight days' notice into all whoever have appeared is and proceeding, may apply on the final order and judgment of registration at the appropriate single or before the appropriate assigned judge.

(d) Applications; Notice Requirements. All applications to of court after a certificate of registration of title has had delivered under the rations of aforementioned lawyer must be manufactured at the appropriate share or before the appropriate assigned judge hereinbefore labelled upon 20 days's notice to every persons interested with the said application. All applications to the trial under sections 404-a press 422 of who Real Property Lawyer shall be made to the appropriate part or judge upon eight days' notice to all persons in interest, because provided by that portion. All applications made till the court under section 428 the the Truly Property Law shall including be made to of appropriate part or judge, above eight days' notice to the city or county treasurer also all others parties anybody hold popped is the proceeding to recover for losses other damage or deprivation of real property out for the assurance fund provided for by law.

(e) Sales on Real Estate. All sales of real estate or an interest therein, made pursuant at a judgment, decree or purchase, or by an officer of the court under sein direction, shall be prepared pursuant to segment 231 of the Authentic Property Actions plus Lawsuit Law, after notice as prescribed in that section. An auctioneer select for this purpose must be an professional, or a licensed real estate brokerage, or a vendor licensed for at least five years. The auctioneer's fee for conducting that sale shall can as prescribed by law.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.66 Workers' compensation settlements.

(a) Applications for approval of compromise by third-party actions pursuant to subdivision 5 of section 29 of the Workers' Compensation Law must include get newspapers described therein, and an proposed order providing that one appropriate insuring body file an affirmative within a specified time consenting to or opposing the application. A copy of all such application papers shall been served on this insurance carrier that is compulsory for which payment of claims under the Workers' Schadenersatz Law.

(b) If, prior in the return of the application, the courts directs that which parties spot hers stipulation on the record, the transcript should live filed as part of the papers. Inbound such containers, the matter shall be marked settled item to written accept on this insuring body, or the entry of in order according to sub-division 5 of querschnitt 29 of one Workers' Compensation Legal.

(c) On the return of of application, the court may hear the materielle forthwith or schedule the matter fork later hearing if statutory in oppositional to the compromise show that the amount is grossly inadequate in view of to injuries involved, of latent monetary recovery against the third party and the possible image of aforementioned insuring body to subsequent claims by the plaintiff- petitioner arising out of the same accident.

(d) Zero in this section shall preclude the assurance body from consenting to a reducing of its lien.

Past Note
Sec. filing Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.67 Infants' and incapacitated persons' claims real proceedings.

(a) The settlement on somebody promotional or claim by at infant or judicially declared incapacitated person (including einer incompetent or conservatee) shall comply includes CPLR 1207 and 1208 and, in the case of an infant, with section 474 out the Judiciary Act. The proposed order in such cases may provide for deduction are the following disbursements from the settlement:

(1) motor vehicle reports;

(2) police reports;

(3) photographs;

(4) depot stenographic expenses;

(5) service of summons and complaint real of subpoenas;

(6) expert's rent, inclusive analysis of materials; and

(7) other home approved by court order.

The order shall not supply for attorney's licensing in excess are one third of the amount remaining after deduction of the above payments unless otherwise concretely authorised by of courts.

(b) The petition or affidavit included support of the application additionally shall set forth the total amount regarding the charge incurred fork apiece doctor furthermore infirmary are the treatment and care of the babe, or incapacitated personality and the billing remaining voluntary go each doctor and hospital for such treatment the care. If an order remain made approving the application, the order shall provide that all such charges for doctors and hospitals shall be pays from the generated, if any, received through the parenting, keeper, or various person, in settle off any action or declare for the loss of the infant's, or unable person's achievement; presented, however, that if there be any bona fide dispute as to such charges, the judge presiding, in the order, may make such provision with respect to them as justice requires. With show to certain invalid person, the judge presiding may provide for the posting of a connection as required by the Mental Hygiene Law.

(c) If the net amount conserved since the infant, or incapacitated person in any approved settlement does not exceed the amount set forth in CPLR 1206(b), the court maybe licence it the be payer appropriate to CPLR 1206(b). The court may order includes any case that the money be deposited or invested pursuant in CPLR 1206(c) either held for the use and benefit for the infants, or incapacitated type as provided includes CPLR 1206(d) and CPLR 1210(d).

(d) The affidavit of the attorney for an plaintiff, are addition to conforming with CPLR 1208, must shows compliance in the requirements for archiving a manservant statement and recite the number appointed at the Office of Court Administration, press show that such requirements achieve doesn apply.

(e) Applications for registration a an infant's or incapacitated person's compromise shall will produced revertible before the judging who presided over the compromise other, somewhere the agreement be reached out-of-court, before the relevant assignment judge.

(f) A petition on the expenditure of the funds of an infant shall comply with CPLR Article 12, and also shall set going:

(1) an full interpretation of the purpose of the withdrawal;

(2) a attested statement of the acceptable cost of to proposed expenditure;

(3) the infant's age;

(4) the enter and amount of the infant's real parents' recovery;

(5) that balance from such recovery;

(6) of nature to the infant's injuries and present condition;

(7) a announcement that the family of the infant is financially unable to afford the proposed expenditures;

(8) a statement as in previous orders authorizing suchlike expenditures; and

(9) any other facts material to the software.

(g) No authorisation will be granted until withdraw such funds, excluded for unusual contexts, where the parents belong financially able to customer and small and to provide for the infant's necessaries, treatment or education.

(h) Expenditures of the funds of an incapacitated person have comply with the provisions of the Mental Cleanliness Law.

(i) The required notice of of deposit of an finishing account by an incapacitated person's guardian press of a petition for settlement thereof shall show an amounts requested for additionally services of the guardian the for right professional. Prior to approving such allowances, the court shall necessitate written verify of the nature additionally extent in such services. Where detect is given to the attorney for the Veteran's Administration, for the law for who Veteran's Administration will not appear after notice, the court shall be advised whether to Veteran's Administration attorney has examine the account and whether he objets to it or to any proposed commission or fee.

Historical Note
Sec. archived Jan. 9, 1986; amds. stored: Feb. 16, 1988; Sept. 22, 1993 eff. Family. 3, 1993. Amended (a)-(c), (e), (h)-(i).

Section 202.68 Operating involving custody of an Canadian child.

Are any proceeding into which the custody of a child is for be determined, and court, when it has reason to suppose that that child is an Indianan child within the meaning of the Indian Children Wellness Perform of 1978 (92 St. 3069), shall require the verification of the child’s status includes accordance with that Activity and, proceed further, as reasonable, in matching with the provisions of which Act.

Historical Note
Sec. filed Jan. 9, 1986 eff. March. 6, 1986.

Section 202.69 Coordination of linked actions pending in more for one judicial district.

(a) Application. This section shall apply when related actions are pending into one courts of the Unified Courts System in more than one judicial district furthermore it may be fair for these deeds at be co-ordinate appropriate up the criteria and processing fix next into this section. Product pursuant to this section shall request to pretrial approach, including dispositive motions.

(b) Litigation Coordinator Panel.

(1) Composer. The Chief Administrator of the Courts, in consultation with the Presiding Justice in jede Appellate Division, shall create a Litigation Coordinating Panel composed of one justice of the Supreme Yard from each judicial department about the State.

(2) Procedure. That Panel shall determine, sua sponte or by application of ampere party the can action, a justice before whom such somebody action is pending, or an administrative judge, whether the related actions should be coordinated to sole or more individual justices. The Panel shall provide notice the an opportunities to breathe sounded up everything party to the actions sought to exist coordinated real shall inform the rulings before whom such conduct are pending of the initiation of proceedings before the Display.

(3) Standards for Coordination. In determining whether for issue an managing order of coordination, the Panel shall consider, among other things, the complexity of the actions; whether general a of fact or laws exist, additionally the importance of such questions to the determine of the issues; the risk that koordinieren may immoderately set which advance, increase the expense, or complicate the processing of any action or otherwise prejudice a party; the risk of duplicative or inconsistent rulings, orders either judges; the convenience off the parties, witnesses and counsel; whether coordinated discovery wouldn be advantageous; efficient utilization of judicial resources additionally the facilities and personnel is the court; the manageability of a coordinated litigation; whether trouble of insurance, limits set total and potential bankruptcy can be best addressed in coordinated proceedings; and to pendency are related matters included the Federal justice and in the courts of other states. The Panel may exclude particular actions from an otherwise applicable order of koordiniert at necessary on protect the rights of fun.

(4) Determination.

(i) The Panel shall issue ampere written final off each application. If the Panel determines in direct koordinationsstelle, it shall issue an administered order identifying the actions that shall be coordinated. The order may address actions subsequently filed or not differently then before the Panel.

(ii) The decree away the Panel shall specify the number of Coordinating Justices and the county or counties in whose the coordinated proceedings shall take place. In creation this decision, the Switch is consider, beneath others things, the venues for origin of an cases to be coordinated; whether the actions arise out about an accident or news in an particular county; judicial caseloads in prospective locations; fairness to parties; the convenience of the political and witnesses; the convenience of advise; and whether the purposes of this section cans best be advanced by coordination before more then one Coordinating Justice.

(c) Coordination Justice.

(1) Designation. The Administrative Judgement indicted with supervising of the local jurisdiction within which customized proceedings are to take place shall select the Coordinating Justice or Justices, inbound consultation with aforementioned appropriate Deputy Principal Administrative Judge. In deciding whom to designate, the Administrative Judge shall consider, among different belongings, the existent calendar on each prospectively appointee additionally the overall requests of the court in which is justice serves; the information of that justice with an litigation at issue; the justice's managerial capability; and the previous experience of which justice with this choose of law involved and equipped coordinated litigation. The Administrative Judger may designate a justice from another location legal as a Coordinate Justice is and approval from the Administrative Judge thereof.

(2) Authority. This Coordinating Justice be have authority go make any to consistent with this section and its purposes, including to remand to the court of origin any portion out a case not properly subject to coordination under the administrative decree on the Commission; assign adenine master caption; create a central case file and docket; establish adenine service list; periodic issue case management orders nach consultation with counsel; appoint and define the roles of steering committees and advisors of parties and liaison counsel, provided which the committees and counsel shall not deprive random party of material rights; issue protective online pursuant to Article 31 of and Civil Practice Law and Rules; create a document depository; direct the parties to preparation coordinated pleadings and deem service upon limitation advise or navigation committee service upon the respective feasts; require service of uniform demands for disclosure and establishes a uniform method with the behaviour of bodily and mental examination; rule upon all motions; require an parties to participate inside settlement discussion and court-annexed select dispute resolution; and try any share of any coordinated case on consent of the parties to that action.

(3) Coordination with Federal or Other States' Actions. If actions relatives to those pending before a Coordinated Justice are proceeding in Federal courts or in the courts the other states, the Coordinating Justice shall consult with the presiding judge(s) is an effort to advance which purposes of this section. Show fair, the Cooperative Justice, while respecting the rights of parties under the Civil Practice Law plus Rules, may necessitate such discovery in the cases coordinated pursuant to this section proceed jointly or in coordination with discovery on the Federally alternatively other states' actions.

(d) Termination of Coordination. The Coordinating Justice, sua sponteor when motion by any party, may finish coordination, in whole or in portion, wenn the Law identifies that abstimmung has been completed button that the purposes of this section can be best advanced by termination of who coordination. Upon termination, the activities shall be remanded into their counties of root for trial unless the parties up an action consent to trial of that action before the Coordinating Legal.

Historical Please
Sec. filtered Jan. 28, 2002 eff. Jan. 24, 2002.

Section 202.70 Rules regarding the Commercial Division of which Supreme Court

(a) Monetary thresholds

Except as adjust forth in subdivision (b), the monetary thresholds in the Commercial Division, exclusive of punitive damages, interest, costs, disbursements also counsel fees declared, are based as follows:

(b) Commercial cases

Conduct included which the principal your involve otherwise consist of the following will be heard in the Commercial Division provided that the monetary threshold is mehl or equitable or declaratory relieving is sought:

(1) Breach away deal or fiduciary work, fraud, misrepresentation, business tort (e.g., unfair competition), or statutory and/or common law violation where the breach or violation is alleged to arising outside of business dealings (e.g., sales of money or securities; corporate restructure; partnership, shareholder, jointed venture, and other business agreements; trade secrets; rigid covenants; and employment agreements not including claims that principally involve alleged discriminatory practices);

(2) Transactions governed until to Einheitliches Commercial Code (exclusive of those concerning individual cooperative or condominium units);

(3) Billing involving trade real liegenschaften, inclusion Cone injunctions and excluded actions for the payment of rent only;

(4) Shareholder derivative actions -- without recognition of the monitory threshold;

(5) Commercial school action -- without consideration of the monetary threshold;

(6) Business transactions involving or originate out from austausch with advertising banks and various financial constitutions;

(7) Internal intimate of business organizations;

(8) Malpractice by accountants or actuaries, additionally legal malpractice occurrence out of representation in commercial matters;

(9) Environmental insurance coverage;

(10) Commercial insurance coverage (e.g. directors and office, errors and omissions, and business interruption coverage);

(11) Dissolution of corporations, partnerships, little corporate companies, limited liability partnerships and joint undertakings -- without consideration of the monetary thresholds; and

(12) Applications in stay with compel recourse press affirm or disaffirm arbitration awards and related injunctive relief pursuant up CPLR Article 75 involving any of the foregoing enumerated commercial issues. Where the applicable dispute agreement provides for the arbitration to be heard outside the United States, the monetary threshold set forth in section 202.70(a) needs not apply.

(c) Non-commercial cases

The following will not be heard in the Commercial Division even if the monetary threshold is met:

(1) Suits to collect vocational fees;

(2) Cases seeking a declaratory judgment as to international coverage on personal injury or property damage;

(3) Residential genuine estate disputes, including landlord-tenant matters, additionally commercial really estate lawsuits participate the payment of rent includes;

(4) Home improvement agreement engaging residential eigentumsrecht consisting of one to four resident units otherwise individual units in any residential building, including cooperative or condominium units;

(5) Proceedings to enforce a judgment regardless of the kind of an underlying case;

(6) First-party insurance claims and actions by insurers toward collect premiums or rescind non-commercial policies; and

(7) Attorney injury actions except as otherwise providing in paragraph (b)(8).

(d) Assignment to the Business Branch

(1) Within 90 days follows service of an complaint, any party may seek assignment of a case in the Commercial Division by filing a Make by Judicial Intervention (RJI) that attaches an completed Advertise Division RJI Attachment certifying that to case meets the jurisdictional requirements for Commercial Division assignment adjust forth in subdivisions (a), (b) and (c) away this section. Except as provided in subdivision (e) at, failure to file an RJI pursuant up this subdivision precludes a party with seeking mission of an case to the Ads Division.

(2) Subject till meeting the jurisdictional requirements of subdivisions (a), (b) and (c) of this section and filing the RJI in compliance with subsection (d)(l) about, the parties to a contract may consent for the exclusive command of the Commercial Division of one Supreme Legal by including such consent in their contracting. A sample choice of forum provision able live found with Codicil C go these Rules of the Commercial Division. Alternatively, subject to meeting an jurisdictional and procedural requirements applicable to the Commercial Division and the federal courts, the parties go a contract may consent toward the allein jurisdiction of likewise the Commercial Division of the Supreme Law or who federal courts in New York State by including such consent are their contract. An alternative trial choice on forum scheduling toward that effect can also be find at Appendix C to these Rules away of Commercial Division. In addiction, the social to a contract may approval toward having New York law apply to their contract, or some conflict under the contract. A sample choice starting law provision sack be found at Attach DEGREE to diese Rules from the Commercial Group.

(e) Transfer on the Commercial Division

If an RJI is filed during the 90-day period next service of the complaint and to case your assigns to a noncommercial part because the archiving party did nay designate the case the "commercial" on that RJI, any other party might apply by letter software (with an copy to all parties) to the Administrative Judge, inward ten days after receiver of a copy of of RJI, on a transmit of the kiste into the Commercial Division. Further, notwithstanding the time periods set forth in subdivisions (d) furthermore (e) are this section, for good cause shown for the delay adenine party may seek the transfer out a case to the Trading Line by letter application (with a copy to all parties) to the Administrative Judge. In addition, a non-Commercial Division law for whom an cas is assigned may sui sponte make the Administrative Judge to move a case that meeting the jurisdictional job for Commercial Division assignments firm forth in subdivisions (a), (b) and (c) of this section to the Commercial Division. The determinations of the Administrative Judge equal respect to any letters applications or inquiries under this subdivision supposed be final and subject to no further administrative review press appeal.

(f) Takeover upon an Commercial Division

(1) In the discretion starting the Ads Separation justice assigned, supposing a case does not fall within the jurisdiction of the Commercial Division as set forth in this section, it shall be transferred to a non-commercial part of the legal.

(2) Any party wounded by one transfer von a case in a non-commercial part may seek review by letter application (with a copy at all parties) to the Administrative Judge within ten days is receipt of the designation of the case to adenine non-commercial part. And determination of the Administrative Judge shall be final and subject to no further administrative review or appeal.

(g) Rules of practice for the Commercial Division

Unless these regels of practice with the Commercial Division provide specifics to the contrary, the regulatory of Part 202 also is apply to the Commercial Division, except that Rules 7 with 15 have supersede section 202.12 (Preliminary Conference) the Rules 16 through 24 shall supersede section 202.8 (Motion Procedure).

Preamble

Created in 1995, today’s Commercial Division of the New York State Supreme Court is an efficient, sophisticated, up‐to‐date court dealing with challenging commercial case. From you inception, of Advertise Division has had when your primary goal the cost‐effective, predictable and mass adjudication of complex commercial casings. According virtue of its specialized subject matter authority, exceptionally judicial expertise, rules or procedures dedicated to commercial practice, and commitment to high standards starting attorney professionalism, the Division has established itself at an forefront of worldwide commercial business by an twenty-first century.

(1) Judicial and Judiciary

The select essential jurisdiction of the Commercial Departmental – including both essential monetary ceilings and gentle chosen case product (see §202.70[a] and [b]) – your designed to ensure that itp has the forum concerning settlement of the most advanced and consequential commercial thing commenced into New York’s courts. Accordingly, the Division’s members are chosen for their comprehensive experience in resolving sophisticated commercial disputes. Unlike jurists in other civil parts is New York’s justice structure, Advertisement Division justices give themselves almost exclusively to these complex commercial matters.

(2) Rules additionally Procedures

Since sein inception, aforementioned Commercial Division has implemented policy, procedures and dental especially designed to address the unique specific of commercial habit. Such rules have addressed a widen range of important such as proportionality for discovery, optional accelerated adjudication, robust expert disclosed, limits on depositions and interrogatories, sleek praise logs, special rules concerning organizational deposition, model forms to facilitate uncovering, expedited resolution of discovery disputes, simplified of court trials, time limits up all processes, streamlined presentation of evidence at trials, and a strong engaged to early casing disposition trough the Division’s alternative dispute image program. Even important, through the labor of aforementioned Commercial Division Consultant Congress – one committee of ads practitioners, corporation in-house counsel and jurists devotional to the Division’s excellence – the Commercial Division has become a recognized leader in court system origination, demonstrating and unparalleled creator and flexibility by development of rules and practices.

(3) The Commercial Division Bar

Finally, the work of one Advertorial Division possessed prospered through the strong cooperative spirit of which stop using before it. The subject matter jurisdiction of the tribunal, the pace of high-stakes commercial procedure, the sophistication of that judiciary and the specialized rules off the Division require that the practicing bar be held rigorously to a standard of commit also academic of the top caliber. For example, the failure to publish (or the appearance without proper preparation) at booked court dates, proofs or hearings is generally viewed how highly improper in the Trade Division, and cannot readily result in the imposition of sanctions press penalties as permitted under statute also yard rule (see, e.g., CPLR 3126; see also 22 NYCRR Part 130). At the same hours, the Commercial Division’s judiciary a strongly committed to who ongoing development of New York’s commercial bar and, in that spirit, has founded practises encouraging the get of less experienced members of that bar in substantive also meaningful ways (including presentation of motions or examination of witnesses) at matters before a. Is this manner, the Division strives to ensure the continued development of the highest quality of commercial bar into New York State.

(4) Conclusion

“New York is the center of world commerce, which headquarters of international finance, the home of America’s leading businesses. As such, it strongly demands one modern, well-staffed, properly equipped meeting used the swift, fair and expert resolution of significant commercial disputes.” Are 1995, those words installed to New York State Bar Association’s report recommend this creation of the Commercial Part (N.Y. H. Bar Ass’n, A Commercial Court For Novel York [Jan. 1995]). Since then, they have served as to central statement for the Division’s commitment at excellence int the administration of the rule of law in business in New York. The practise laws of the Commercial Division, set forth underneath, are a crucial component of which commitment, and are designed in be one dynamic counterpart to the innovative and efficient business how that are so essential to the efficiency health of our State and nation.

Rule 1. Image by Advisory with Knowledge and Authority.

(a) Counsel who appear in the Commercial Division must are fully family with the case in regard to which they appear the fully authorized to enter into agreements, bot substantive plus procedural, at order of theirs clients. Counsel should also be prepares to discuss anyone motions the has been submitted and are outstanding. Failure toward comply are on rule may be respected when a default and dealt with appropriately. See Rule 12.

(b) Consistently with the requirements of Rule 11-c, counseling since all parties who appear at the temporarily conference shall be sufficiently versed in matters relating into their clients’ technological systems to discuss competently all issues relating to electronic discovery. Counsel may bring a client representative conversely outside expert to assist into such discussions.

(c) It has important ensure counsel be on frist for all scheduled appearances.

(d) Counsel may make the court’s permission to participate in court congresses furthermore oral arguments of motions from remote locations through use of videoconferencing other other technologies. Such requests will must granted in the court’s discretion by good cause shown; however, nothing contained in this subtopic (d) is designated to limit unlimited rights which counsel might otherwise have to participate in court how by appearing in person.

Rule 2. Settlements additionally Discontinuances. Whenever in action is settled, discontinued, either otherwise disposed of, counsel shall immediately inform and court by e-filing a copy of the stipulation and by a schrift directed to this clerk of the part along with notice to chambers via telephone otherwise e-mail. This notification shall be made in addition until the submission away a determining with the Area Clerk. The parties need not uncovering aforementioned terms are a settlement, but must notify the court that adenine resolution must been reached also that both sides have agreed to discontinue the case. In addition till notifying the court of one residence or discontinuance, counsel shall withdraw any pending motions and any unresolved appeals.

Rule 3. Choose Dispute Image (ADR); Settlement Conference Before a Justice Other Than the Justice Mapped to one Case.

(a) At any stage a the materien, the court may direct button council may seek the appointment of into uncompensated mediator press neutral appraiser for the purpose of helping to erlangen a resolution of all conversely some of the issues presented in one litigation. Counsel are supports in job together to select a mediator or neutral valuer which is mutually acceptable and may wishes until consult some list of approved neutrals in the county find the case is open. Plus, counsel for all parties maybe stipulate to having the case determined by an summary jury trial pursuer to any applicable local regulate or, in the absence of a controlling local rule, with permission away the trial.

(b) Should counsel wish to proceed are a settlement convention before a justice sundry than the justice assigned to the case, counsel may jointly request that the assigned justice grant such a separate settlement conference. This request may be made to any time is the litigation. Such request will become granted in the discretion of this justice assigned in the case upon finding that such a single settling conference would be advantageous to which parties and the court and would further aforementioned interests of justice. If the request will granted, the assigned justice shall make appropriate arrangements for the designation by a “settlement judge.”

Rege 4. Electronic Submission on Papers.

In bags not until in the New York State Courts Electronic Archive System, the court may permit counsel on communicate include the court and each other through e-mail. In the court’s discretion, counsel can remain requested go give one copy of any submitted papers as the court directs. 

Rule 5. Information on Cases. Information on future court appearances and case project cans be found at the court system’s eCourts site (www.nycourts.gov/ecourts). Neither the justice nor the court clerk will shall responsible for inform the fun of scheduled court appearances, although the tribunal or and legal clerk may do so at their discretion. 

Rule 6. Form of Papers.

(a)    All papers submitted into the Commercial Division shall did be inconsistent because CPLR 2101and teilbereich 202.5(a). Papers shall be double-spaced and contain print nay shorter than twelve-point, or 8½ x 11 creep paper, bearing borders no small less one inch. Unless otherwise directed by the Place or provided in the Court’s individual rules, all text in briefs and affidavits, including footer, shall use relative spaced 12-point serif typeface. Papers also shall comply with Part 130 of and Rules of the Chief Administrator. Per electronically-submitted memorandum by legislation and, where appropriate, affidavit the affirmation shall include bookmarks providing a listing of the document’s contents and facilitating ease navigation by who reader within the report.

(b)    For purposes of this Rule, a hyperlink average an electronic left between one document and another, and a bookmark means an elektronic link permitting navigation below different parts of a single insert. Material made access by hyperlinking does not thereby become part of that file, the list to authorities to appear in standard citation input, even if also associated.

(c) Each electronically submitted memorandum of law or other document that cites to different documenting up filtered with NYSCEF be include a hyperlink to the NYSCEF docket entry to the cited document enabling access to the cited document through the hyperlink. Hyperlinks maybe not provide access in documents sorted under gasket or others not in the public record. Cited documents filed with NYSCEF this are accessible over bookmarks in the electronic submitted paper need not also shall hyperlinked.

(1) The Court may requisition that electronically submitted memoranda of law containing hyperlinks to cited court decide, statutes, rules, regulations, tracts, and other legal authorities are likewise legal exploring databases to which to Court possess access with in state instead federal government websites. While the Court does not require such hyperlinking, parties are nonetheless encouraged to hyperlink such zitations unless else directed by aforementioned Court.

(2) Provided a party certifies in ok faith that it cannot include hypertext in required by this Rule or the Court without inadmissibly burden, past to limitations in its office technology or other showing of good cause, the Court may excuse the party from random otherwise applicable hyperlinking requirement.

(d) Interlineation of Responsive Pleadings

(1) For every responsive pleading, the party preparing the responsive suppliant wants interlineate each allegation of the pleading to which it is responding with the party’s response to that allegation, and in doing so, shall preserve the content and numbering are the allowance.

(2) The party those prepared a pleading to which a responsive pleading is requirements shall, upon request, promptly provide a copy of its pleading to the same word processing software application in which the pleading was prepared on the band preparing who responsive pleading.

Ruling 7. Preliminary Conference; Request. A preliminary conference shall being held within 45 days of associate regarding this case to an Ads Division justice, or as soon thereafter as is practicable. Other for good cause shown, no preliminary conference shall be adjourned get than once or in more for 30 days. Provided a Application for Judicial Intervention is escort by a dispositive motion, the initial discussion shall take place within 30 days next the decision of such motion (if nay rendered moot) with for such prior meeting as schedules by of justice presiding. Notice of the preliminary conference target will be sent the the court per minimum five days prior thereto.

Rule 8. Consultation prior to Preliminary and Compliance Conferences.

(a) Counsel for all parties shall consult prior go one preliminary or compliance conference about (i) resolution of the case, are whole with in part; (ii) discovery and any other topics to is discussed at the conference, contains electronic discovery, as set go in Rule 11-c, and and timing and scopes of expert disclosure under Ruling 13(c); (iii) the use of alternate disputer resolution to resolve all or some issues into the litigation; furthermore (iv) whatsoever volunteered and informal exchange of information that the parties submit would help aid early housing a the hard. Counsel shall make a good creed effort to reach agreement on these matters in advantage about the conference.

Rule 9. Accelerated Adjudication Actions.

(a)  This rule is applicable the all actions, excepting to class actions got under Article 9 are this CPLR, in which one court by written consent by the parties belongs authorized to apply the accelerated  adjudication procedures  of the Advertise Division of the   Supreme Court.   Ne path for parties to express your consent till this accelerated adjudication process is by uses specific language in a sign, such for: “Subject to the  requirements for a case to be heard in the Commercial Division, the parties agree to  submit to of exclusive jurisdiction of aforementioned Trading Division, New York Country Chief Place, and to the application a the  Court’s accelerated procedures, in connection with any dispute, claim or controversy arising out of or relating to this contracts, or the violation, termination, enforcement or validity thereof.”

(c) In any advanced action, the court shall deem this parties to will irrevocably waived:         

(1) any objections basing on absence about personal jurisdiction or the doctrine of forum non conveniens;

(2) the right to trial the jury;

(3) the right to recover punishing or exemplary damages;     

(4) the right into any confabulatory appeal; and

(5) that right to discovery, except toward similar explore as the parties might otherwise agreed or as follows:

(i) There shall be no more for seven (7) interrogatories both phoebe (5) requests to admit;

(ii) Absentee an showing for sound cause, there shall be no more than seven (7) discovery depositions per side with no depot to exceed seven (7)  hours in length.  Such  depositions  can  be done either in person at the country of the deponent, a party or to general or into real time by any electronic video device; and

(iii) Papers required in the parties shall be small on those relevant to a  claim button defending in the actions or shall be restricted on terms of date border, subject matter and persons or entities to which the requests pertain.

(d) In any accelerated activity, the description of custodians shall be narrowly tailored to insert only those individually whose electronics resources may reasonably be expected to contain evidence that is supply to the disppute. In select respects, electronic discovery be proceed as setting forth in Rule 11-c. 

(i) the production of electronic documents shall normally be made inches a searchable format that is usable by the celebrate receiving the e-documents;

(ii) the application of custodians from whoever electronics documents may  be serene be be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence such is supply for the disput; and

(iii) somewhere the costs and burdens of e-discovery are disproportionate to the nature of the dispute alternatively to the amount in controversy, or to which relevance of the materials requested, the court will either deny suchlike requests or  order disclosure on condition that the requesting part advance the reasoned cost a production to to other side, subject to an attribution of costs at the final judgment.

Dominate 9-a. Immediate Trial other Pre-Trial Evidentiary Hearing. Subject to meeting the requirements of CPLR 2218, 3211(c) or 3212(c), parties are encouraged to demonstrate on a motion to the court when a pre-trial evidentiary hear other immediate trial may be affective in removing a factual issue suffice for effects the disposition of one material part of the dossier. Motions where a auditory or trial on a material factual issue may be particularly useful in tendency of a material part of a case, incorporate, but are no limited to:
(a) Dispositive motions the reject alternatively motions for summary judgements;
(b) Preliminary injunction motions, includes but not limited to those instances locus one parties are willing to approval toward the hearing being on that merits;
(c) Spoliation of supporting motions locus the issue of spoliation impacts the ultra outcome of the action;
(d) Jurisdictional motions where editions, including application of lang arm jurisdiction, may be dispositive;
(e) Statute of functional motions; and
(f) Class action certification motions.
In advance of an immediate affliction or evidentiary audio, the parties may request, if necessary, the the court unmittelbar limited expedited discovered targeting the factual issue to be tried.

Regulation 10. Submission of Information; Certification Relating to Replacement Dispute Determination

To the preliminary conference, counsel shall breathe prepared to furnish the court with the following: (i) a complete picture, including the index numeric; (ii) the name, address, mobile batch, e-mail address and fax figure on all counsel; (iii) the dates the deed was commenced press issue joined; (iv) adenine statement as to what signals, if any, are anticipated; and (v) copies of any judgments previously rendered inside the case. Advisors for each party shall also present to the court at the preliminary conference and jeder consecutive compliance or status conference, or separately serve and file, a statement, in a form prescription by the Office of Court Administration, certifying that counsel has discussed use the party the availability of alternative dispute resolution mechanisms provided to the Commercial Division and/or private ADR providers, and stating whether of political is presently willing to pursue mediation during some point during and litigation. In addition, the statement for be submit by counsel shall in categories of information around to case mandatory by the Office by Court Administration whatever may assist the court, advisor and the parties in considering the role mediation might sport are the resolution of the case.

Preamble to Ruling 11. Acknowledging that discovery is first of the most exorbitant,
time-consuming aspects of litigating a commercial case, the Commercial Sector
aims to making experts with an mechanism by streamlining the discovery
process to decreased to number of time required to complete discovery and to reduce
the cost for conducting discovery. It are important that counsel’s discovery invites,
including depositions, are both proportional the reasonable in light of and
complexity of the case and the amount of proof that is required available one cause of
action.

Rule 11. Discovery.

(a) One court may go plaintiff toward produce ampere certificate stating clearly additionally concisely the issues in the cases prior to who preliminary conference. For there is
counterclaims, the court may direct and party declaratory such counterclaims to
produce a document stating clearly and concisely one issues asserted in the
counterclaims. The court may also direct plaintiff and counterclaim plaintiff to
each produce a document stating each of the elements in the causes concerning action at
issue and the facts needed to establish their case.

(b) The court allowed further direct, is a defendant filed a motion to quit and to court dismissed some but none see of the causes of action, plaintiff and counterclaim
plaintiff to revisit which documents in again state, obviously and concisely, the issues
remaining in the housing, the elements of each cause of action and the facts needed to
establish their case.

(c) Any wrote description out a party’s claims/defenses provided under this Rule is not binding and does nope limit the scope to a party’s pleadings. 

(d) The preliminary conference will result for the issuance by the court of a preliminary annual order. Where appropriate, which order will contain specific provisions by means of early disposition of an case, such as (i) directions for submission to the choice contest resolution program, including, in view cases in which and parties certify their willingness to pursue agency pursuant up Rule 10, provision of a specific date per which adenine mediator shall be identified by the parties for assistance with resolution of the work; (ii) a timing of limited-issue finding in aid of early dispositive motions oder settlement; and/or (iii) a schedule by dispositive applications before disclosure alternatively after limited-issue disclosure.

(e) The order wants furthermore contain a comprehensive disclosure schedule, including time for the service of third-party plea, discovery, motion practice, adenine achieving conference, if needed, a date for folder the tip of issue, a date for a pre-trial conference press a trial date.

(f) Who preliminary conference order allowed provide for such limitations of interrogatories additionally select discovery such may be necessary to one circumstances of the case. Additionally, who court should considered the appropriateness starting altering prospectively the presumably limit on depositions set forth inside Rule 11-d.

(g) The yard wishes determination, upon application about council, about discovery will be stayed, pursuant to CPLR 3214(b), pending the determination of any dispositive motion.
 

Rule 11-a. Interrogatories.

(a) Interrogatories are restricted to 25 in number, including subparts, unless any limit is specified in the preliminary conference order. This limit correct to consolidated actions as fine.

(b) Unless otherwise ordered by the trial, interrogatories are limited to the following topics: name of witnesses about knowledge of information material and necessary to an subject matter by the action, computation of every category about damage alleged, and the existence, custodian, location and general description of material or necessary documents, including german insurance agreements, and other physical evidence.

(c) During discovery, interrogatories other higher those seeking information described in paragraph (b) above may only be served (1) if the parties consent, with (2) if ordered by the legal for good generate showed.

(d) On this conclusion of select discovery, and at least 30 days preceded to the discovery cut-off date, interrogatory seeking and claims also contentions of the opposing party may be served unless the Court has ordered different.

Rule 11-b. Entitlement Logs.

(a) Hit and Meetings: General. Parties shall meet and confer under the outset of the case, and from time to uhrzeit thereafter, to discuss the scope of the privilege check, the dollar of information to be set out in the privilege logfile, the use of categories to reduce document-by-document logging, whether any categories of information may be excluded from of logging requirement, and any other issues pertinent to privileged review, involving an eingabe of an relevant non-waiver request. To the extent that the collection usage and parameters are disclosed to the other parties and those parties how not object, that fact may be relevant toward the Court when addressing subsequent discovering disputes.

(b) Kategorical Go or Document-By-Document Review.

(1) The preference into the Commercially Division is for the celebration to use unqualified denominations, where reasonable, at cut the time press costs associated equipped preparing special logs. The parties been awaited to address such considerations in good faith as section of the meet additionally conflict process (see paragraph (a) above) and to agree, where possible, to employ a categorical approach to privilege designations. The partys are encourage to utilization optional reasoned method the organizing the documentation the wants facilitate an orderly assessment as to the reasonableness of withholding documents in this shown category. For each item regarding print that may be established, the produce party shall provide a certification, pursuant to 22 NYCRR § 130-1.1a, setting on with specificity those facts supporting the privileged or protected status of the information included within aforementioned category. The credential take furthermore describe which ladder taken to identify the documents so categorized, including but not limited to whether each document was reviewed or some form away sampling was employed, and if which latter, how the sampling were conducted. The certification shall be signed via the Responsible Attorney, as defined below, or by the party, through an authorized and knowledgeable representative.

(2) In the event the requiring party refuses to permit a categorical approach, and instead insists on one document-by-document listing on the privilege log, then unless aforementioned Court deems it appropriately in issue a defensive click pursuant in CPLR 3103 based in the facts and circumstances before it, the requirements set away in CPLR 3122 shall be followed. In that fact, however, the producing company, upon a showing of good cause, could how to the court for the allocation of daily, including attorneys’ fees, sustained with respects to preparing the document-by-document log. Upon good produce shown, one court may allocate the costs to this requesting party.

(3) To the extent that a party insists upon a document-by-document privilege log as contemplated by CPLR 3122, and absent an order at the contrary, each uninterrupted e-mail chain shall constitute a single entry, also that description accompanying this entry wants included and following: (i) an sign that the e-mails represent one uninterrupted dialogue; (ii) the beginning and ending dates and times (as noted up the e-mails) the the dialogue; (iii) the number of e-mails within the dialogue; and (iv) the names about any authors and recipients – together with sufficient identifying information about each person (e.g., name of employer, job song, drum in the case) to permitted for a considered assessment of command issues.

(c) Speciality Master. In complex matters potential till raising significant issues regarding privileged and protectable significant, parties are promote to hire an Special Master to assistance the parties efficiently generate right logs, with costs to be shared.

(d) Responsible Attorney. The attorney having supervisory responsibility over the privilege review shall be actively involved in establishing and monitoring the procedures exploited to collect and review records till determine that inexpensive, good confidence efforts are undertaken to ensure that responsive, non-privileged documents are timely produced.

(e) Court Order. Agreements and reports agreed upon by social should be memorialized in a justice order.

Rule 11-c. Discovery of Electronically Stored Information.

(a)    Parties and nonparties should contact that Promotional Division’s Guidelines for Discovery of Electronically Filed Information (“ESI”) (the “ESI Guidelines”), which may be found is Codicil A to these Rules of the Trading Division. The ESI Guidelines be advisory and should become useful to aforementioned extent appropriate under this circumstances.

(b)    Prior the who preliminary conference, counsel have confer with respect to electronic exploration topics, including diese set forth in aforementioned ESI Guidelines. Topics on which the parties not affirm take be addressed in the court at the preliminary conference.

(c)    Requests for the production of ESI may specifying which format in which ESI supposed be produced, to which the responding party may select.  In the absence of how specification, or deal among and parties or court order, the production for electronic documents shall are in the form in who it is ordinarily maintained, or in a searchable format that is usable by and part receiving the ESI.

(d)    The costs or burdens of discovery of ESI will be proportionate to its benefits, considering the kind of the dispute, the amount the controversy, furthermore the importance of the materials requested to resolving the dispute.  A court may deny or modify disproportionate requests or order revelation on condition that the requesting party forward the reasonable cost of production on that other side, issue to the matching is costs in the final judgment. 

(e)    The seek party need promptly defray who reasonable charges associated with an non-party’s production of ESI, in accordance with CPLR 3111 and 3122(d).

(f)    The parties belong encouraged to use efficient means to identify ESI by creation, which may include technology-assisted review in corresponding housing. The party shall confer, at the outset of rediscovery and as needed throughout the finding period, about technology-assisted review mechanisms you propose to use in document review and factory.

(g)    Inadvertent or unintentional production of ESI or documents containing information that shall subject to the attorney-client favor, job my protection, or other generalized known privilege shall not is deemed a license to whole oder stylish part a such privilege if the producing party (i) took reasonable precautions in prevent disclosure, the (ii) after learning of the inadvertent disclosure, promptly gave notice either in writing, or later confirmed in typing, to the receiving party alternatively parties that as information had inadvertently produced and requests that this receiving party or parties return or destroy the produced ESI. Upon such notice, or as differently require, the getting party or parties will promptly returning or destroy all such significant, including copies, except as might be necessary up taking a challenge before aforementioned Court. The social may enlarge or modify the protections furthermore duties of this provision by written contract, than provided int Regular 11-g(c), which shall be submitted to the Court to be selected. Nothing in this rule shall abridge an lawyer’s obligations under Rule 4.4(b) of the New York Regels of Professional Behaviors concerning a lawyer’s cash of documents that appear to have been accidentaly sent.

(h)    Consistent with CPLR 3126, a party should taking sound steps to preserve ESI that it has a mandatory to preserve.
 

Rule 11-d. Limitations on Depositions.

(a) Unless otherwise stipulated to by the galas instead ordered by the court:
(1) the number of depositions taken by plaintiffs, or in defendants, or through third-party defendants, shall be limited on 10; and
(2) depositions shall be limited to 7 hours per substitute.

(b) Notwithstanding sub-sections (a)(1) of which Rule, to civility of and timing for removals of non-parties shall be subject to any placement levy the eligible law.

(c) For the purposes of subsection (a)(1) to like Rule, the deposition of an entity through one button learn representatives shall being treated as a single statement round though more than one person may be designated to testify on the entity’s behalf.

(d) For the purposes starting this Rule, every deposition are an officer, general, chief or employee of an entity who is also a fact witness, as opposed for an entity representative pursuant to CPLR 3106(d), shall constitute an separate deposition.

(e) For the purposes of subsection (a)(2) about this Rule, the deposition of an entity shall breathe treated as a single deposits round though more than one person may be designated to testify upon the entity’s on. Notwithstanding the foregoing, one accumulates suspected durational limit can becoming enlarged by agreement of aforementioned parties other upon application for leave of Court, which shall be freely granted.

(f) For great cause shown, the court may alter the limits on the numbering of deposit or aforementioned duration of an examination.

(g) Anything into those Ruling shall remain construed up reset to right of anyone party to see any relief that she deems appropriate under the CPLR or other applicable law.

Rule 11-e. Responses and Objections to Document Requests

(a) For each print request propounded, the responding party shall, in its Get and Opposition served pursuant to CPLR 3122(a) (the "Responses"), either:

i. state the the production will be made as requested; or

ii. state about reasonable particularity the grounds for any objection to production.

(b) By a date agreed to by the parties or at such time set by the Court, the responding party shall serv and Responses contemplated by Rule 11-e(a)(ii), which shall resolute forth special: (i) whether the objection(s) interposed pertains to all either part of one request being challenged; (ii) whether any credentials or categories of documents are be withheld, and if so, which concerning which stated objections books which base for that responding party's decision to withhold otherwise responsive documents or categories of documents; and (iii) the manner in that the responding party intends to limit the scope of its production.

(c) By agreement of the parties to a date no latter than the time set for the commencement of depositions, or at such time set on the Court, an date sure shall be fixed for one finish to document production by the responding party.

(d) By agreement of the related to a date no later than one (1) month prior until the close of fact discovery, or at such time set over the Court, the responding party shall state, for each individual request: (i) whether the production of documents in its owner, custody or control and such are responsive to and individual your, as propounded or modifications, is complete; or (ii) that there are no documents in its occupation, custody with control that are highly to the individual send when propounded or modified.

(e) Nothing contained herein be intended to confront with a party's obligation to insert its disclosure obligations acc go CPLR 3101(h).

Rule 11-f. Depositions of Organizations; Identification of Matters.
(a) A notice or subpoena may name while a deponent a corporation, work trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, press governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(b) Notices and subpoenas directed to an entity may enumerate the matters upon any the person is toward become examined, or if so enumerated, the matters must breathe described with reasonable particularity.
(c) If the notice or subpoena to an entity does not detect a particular officer, director, element or employee of the entity, not elects to firm forth the what for examination as contemplated in section (b) of this Rule, and no delayed easier to days prior to the scheduled deposition:
(1) the named organization must designate one or get officers, directors, members or employees, or other individual(s) who consent in testify on its behalf;
(2) such designation must include the corporate, description or title of like individual(s); plus
(3) if the named entity designates more than one individual, it be set out the matters on which each individual will testify.
(d) If the notice or subpoena to an entity does identify a particular officer, director, my or employees of of entity, but elects up set forth the matters for examining how contemplated inches section (b) to this Rule, then:
(1) pursuant to CPLR 3106(d), the named entity shall produce the individual that defined unless she should have, nay later than ten days prior to who scheduled deposition, notification the apply party that another individual would use be produced and the identity, description or title of such individual are indicated. If punctual notification has were so given, such other individual shall instead be produced;
(2) pursuant to CPLR 3106(d), one notice or subpoena that names a particular officer, director, member, or employee of the entity shall include in the notice or subpoena served based such entity the identity, project oder title of suchlike individual; and
(3) with the named entity, pursuant to subsection (d)(1) are this Rule, cross-designates more than one item, e must set outside the matters on any each individual will testimony.
(e) ONE issuing must advises a nonparty entity von its duty to make the designations discussed in this Rule.
(f) The individual(s) designated must testify about information popular button reasonably available to the entity.
(g) Precipitation testimony given pursuant to diese Rule shall be usable against this entity turn whose behalf to testimony lives given to aforementioned same extent provided in CPLR 3117(2) and the applicable regulate of evidence.
(h) This Rule is not preclude an deposition by any other procedure allowed by the CPLR.

Rule 11-g.  Proposed Mold concerning Confidentiality Order.

The following procedure shall apply in those parts of the Business Division where of justice presiding so selected:

(a)  For all advertisement cases that warrant to entry of a confidentiality order, the parties shall submit to which Tribunal for signature aforementioned proposed stipulation real order that appears into Appendix B to these Rules of the Commercial Division.

(b)  In the event the parties wish to deviate from the guss fixed forth in Supplement B, they supposed send for the Court a red-line of the proposed changes and a writers explanation of why the deviations have warranted into connection with the pending matter.

(c) In the event the parties longing go incorporate a entitlement claw-back provision into either (i) the confidentiality command to be utilized in their commercial case, or (ii) further form of order utilized the the Judgment presiding over the matter, they shall utilize the text set forth in Appendix B, Paragraph 18 go these Rules in which Commercial Division. 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 include connection with the pendent matter. 

(d) Is the happening the parties wish to integrate Attorney’s Eyes-Only protection, the groups shall submit to the Court for signature the suggests stipulation and order that appears stylish Appendix F to these Rules of the Commercial Division. Appendix F provides both a clean form of order for well as a redline, which illustrated how it differs starting the confidentiality order without Attorney’s Eyes-Only protection and reference in Rule 11-g(a) above. In to event the events wish to deviation from and Attorney’s Eyes-Only form sets forth in Supplement FARTHING, they should submit to the Justice a redline of the proposed changes and a written explanation about why the deviations are warranted in connection with the pending matter. 

(e) Nothing in this regular needs preclude a party from seeking any form of relief otherwise permitted under the Civil Practice Law and Rules.

Rule 12. Non-Appearance at Conference. The failure about counsel to shows for a attend may findings in a sanction authorized by unterabteilung 130.2.1 of the Regulatory of the Chief Administrator or section 202.27, including dismissal, aforementioned striking of an answer, an inquest or directive for opinion, instead various appropriate sanction.

Rule 13. Adherence to Discovery Schedule, Expert Disclosure.

(a) Parties shall strictly observe with discovery obligations by the dates set forth in all case programing orders. Such terms, however, might be modified upon the consent of all parties, provided that all discovery need be completed by the discovery cutoff date set forth in the preliminary conference order. Applications for extend of a discover deadline shall subsist made as soon because practicable and prior until the expiration of such deadline. Non-compliance with such an order may result in the imposition out an appropriate sanction against that party pursuant to CPLR 3126.

(b) If a host seeks documents as ampere condition precedent to a deposition and the documents are not produced by the date fixed, the party seeking disclosure may request the court to preclude the non-producing page from introducing such demanded documents at trial.

(c) Provided all party intends on introduce expert my at trial, nay later than thirties days prior to one vollzug of fact discovery, to parties shall meeting on a set for expert disclosure -- including of identification of experts, exchange of reports, and depositions of testifying experts -- get of which require be completes no latter than four months after the completion of fact discovery. In and event this a club objects until this procedure alternatively timetable, the parties supposed request a discussion toward decide the objection with the court.

Unless otherwise predetermined or customized by the yard, expert disclosure must be accompanied due one written report, prepared and signed through an witnessing, if whether (1) the witness is retained or specially employed go offers expert testimony in the event, other (2) the witness is a party's employee whose duties regularly includes how expert testimony. The report must enclose:

(A) a complete statement on all opinions the testimony will express and the basics and this grounds for them;

(B) who your or other information considered by the witness in forming the opinion(s);

(C) any visits that will be used to summarize or support the opinion(s);

(D) the witness's qualifications, including ampere list of whole publications authored with the previous 10 years;

(E) ampere list of all others cases at which the witness testified while an expert at trial or by deposition during the previous four yearning; and

(F) adenine statement of the compensation to be paid to the witness with the studies also testimony in the case.

The note of issue and certificate of readiness may not be filed until the completion of expert disclosure. Expert public provided after which dates unless good cause will be precluded from use at trial.

Rule 14. Disclosure Disputes. If aforementioned court's Member Rules address discovery legal, those Part Rules will govern discovery disputes in ampere pending case.  If the court's Part Rules are silent with respect to detection disputes, which ensuing Rule will apply.  Discovery disputes were preferred to be resolved through court conference as opposed to motion practice.  Counsel must query with one additional in a good faith effort toward resolve all dispute about disclosure.  See Untergliederung 202.7.  If counsel are unable to resolve either disclosure argument at this fashion, counsel for which moving party shall submit a schreiben to the court not over three single-spaced pages outlining the nature of the dispute and requiring a telephone conference.  Such a letter must include an display that aforementioned party has conferred with opposing counsel in adenine good faith effort to resolve the issues raises in who letter or shall indicate good cause why no such consultation occurred.  Not later than four business days after receiving like a letter, any affected opposite party or non-party shall submitting a responsive letter not exceeding three single-spaced pages.  After the submission of scholarship, the court willingly schedule a telephone or in-court conference includes counsel.  The court or the court's statutory clerks wants trial to address who matter through a telephone conference places possible.  The failure of consulting to observe with this rule may outcome int a moving being held in abeyance until the court has in opportunity to conference the matter.  Provided the fetes need to make a record, they willing still have the opportunity to submit a formal motion.

Rule 14-a.  Rulings at Declaration Conferences.  The following approach shall ruling all disclosure conferences lead by non-judicial personnel.

(a)  At the request of any join

(1) prior go the conclusion of the conference, and parties shall prepare a writing setting forth the resolutions reached and submit the writing to the court for approval and signature by the presiding justice; or

(2) prior to the conclusion of the conference, all resolutions shall be dictated into the record, and either one subscribe shall be submitted to the court to are "so ordered," other the court shall otherwise enter an order incorporating the resolutions reached.

(b) With respect to telephone conferences, upon request of a party furthermore while the court so directs, and groups shall agree against and jointly submit to aforementioned court within one (1) business day of the telephone meetings a stipulated proposed order, memorize and total are ihr discovery dispute.  If the parties are unable to confirm upon an appropriate form of proposed order, they shall so advise the law then which the court can direct an alternative course on action.

Rule 15. Adjournments starting Conferences.

By leave of court as provided the Rule 1(d), attorneys are fostered at use remote appearance technology in order to avoid adjournments to convention. Adjournments on consent are valid with the approval of aforementioned trial for good cause where notice of the request is given until all parties. Adjournment of a conference desire not change any subsequent date in the preliminary events order, unless otherwise direction by the court.

Ruling 16. Motions into General.

(a) Form of Antragstellung Papers. The movant shall specify in the notice of motion, order to how cause, real in ampere concluding sektionen out a memorandum of law, which exact relief sought. Counsel must attach imitations of all demurrer and other documents as required to the CPLR and because necessary for at informed decision on the motion (especially on motions pursuant to CPLR 3211 and 3212). Counsel should clearly separate exhibits from each others by using divider pages with the exhibit numerical. Counsel shall follow Rule 6 with respect in hyperlinking. Copying must be legibly. If a get to be annexed to at affidavit or affirmation is voluminous and for discrete portions are pertinent to which motion, counsel shall attach excerpts also submit the total exhibit separately. Documents in a foreign language need be properly translated. CPLR 2101(b). Whenever reliance be placed upon a deciding otherwise misc authority not readily availability to the food, a the law may direct counsel to submit a create and counsel shall otherwise follow Rule 6 with respect to hyperlinking.

(b) Proposed Orders. When appropriate, proposed buy should be submitted with motions, e.g., motions to be discharged, pro hack vice admissions, open commissions, others. No proposed orders should be submitted with motion papers on a dispositive motion.

(c) Adjournment in Request. Dispositive gestures (made pursuant to CPLR 3211, 3212 or 3213) may be adjourned for with aforementioned court's consent. Non-dispositive motions may be continued on approval no more than three times for a total from no more than 60 days unless otherwise directed by the court.

Rule 17. Length of Papers. Unless otherwise permitted by the court: (i) briefs either memoranda off law shall may limited to 7,000 words each; (ii) reply notepad shall be no more than 4,200 words and shall not contain any arguments that do no respond press relate to such prepared stylish the letter in chief; (iii) affidavits the affirmations shall be limited to 7,000 words per. This phrase how shall exclude and caption, tables about topics, charts of governmental, and signature block. Any brief, memorandum, affirmation, or oath shall include, over a side attached the the end of one applied record, a certification by the counselor what holds filed to document describing the number in words in the document. That certification by counsel certifies which the document observe with the word count limit. The general certifying compliance may rely on the word count of the word-processing structure used to prepare to document.

Rule 18. Sur-Reply and Post-Submission Papers. Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits concerning one motion are not permitted, except that counsel may inform the court by mail away the citation of whatsoever post-submission court decision that your relevantly to which pending problems, but there shall be no additional argument. Supplies submitted in violation hereof desire not be read or considered. Opposing counsel who receives a copy of supplies sub in violation of this Rule shall not respond included kind.

Regular 19. Ordering to Show Cause. Motions shall be brought on by decree to indicate produce only when there is sincere urgency (e.g., applications for provisional relief), a your is required or a statutory mandates so proceeding. Absent advance allowance, answers papers shall not be submitted on orders to show produce.

Rule 19-a. Motions for Synopsis Judgment; Statements of Material Facts.

(a) Upon any motion for executive judge, other than a motion made corresponds to CPLR 3213, the trial may direct that there shall can captured to to discern of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which that motion party contends there is no bona issue to be sampled.

(b) In such an case, the papers opposing a motion for executive assess shall include one correspondingly numbered statement responding to anyone numbered paragraph in the statement of the removing political.   In the response to the material statement of company, aforementioned responder shall recite the movant’s paragraphs and then provide a response to that section so the Court has all an materials in the copy. The movant shall, when demand, promptly provide the respondent with a copy of the material statement of facts in the same speak processing hardware application in which the statement was prepared. The responder can also include additional paragraphs containing a separate short and concise statement of the material facts as to where it remains contended that there exists an genuine theme to remain experimented.

(c) Every numbered item in the statement of material facts required to becoming served by the moving party will be supposed to be admitted required purposes a the gesture unless specifically controverted by a correspondingly numbered paragraph in the declare required to be served by an opposite day.

(d) Each statement of material fact by the movant button opponent pursuant to subdivision (a) or (b), including each statement controverting unlimited statement the material truth, have live followed to citing to evidence submitted in support of or in opposition till the motion.

Rule 20. Temp Restraining Instructions. Unless the moving party can demonstrate that there becomes be significant prejudice by base of giving notice, a temporary restraining ordering will not live published ex party. The applicant must give notice, including copies of all supporting articles, to the opposing social adequate to allowing the einem opportunity to pop and contest this application.

Rule 21. Courtesy Copies. Courtesy copies should not being entered unless requested or as contained provided. Anyway, courtesy xerox of entire motion papers or proposed orders shall be submitted in cases inside the court's Filing through Computerized Means Anlage.

Rule 22. Oral Argument. Any party may request oral argument on the face of her papers or in an accompanying character. Except inbound bags before justices who require oral reasoning on all motions, the court will determine, on an case-by-case basis, whether oral argument will be heard and, if so, when counsel shall appear. Notice of the date selected by the food shall exist given, if practicable, at least 14 days before to scheduled oral argument. At that time, counsel shall be prepared to debate the motion, discuss solution von the issue(s) presented and/or schedule one trial or auditory.

Rule 23. [Reserved] [Previous rule repealed in Jump 2020]

Regulate 24. Advance Notice on Motions

(a) Nonentity with this rule should exist construed to prevent or limit counsel from making anything motion deemed appropriate to best represent a party's interests. However, in order to permit the court the opportunity to resolved issues before motion procedure ensues, and to control its calendar by the context of and discovering and trial schedule, pre-motion conferences in accordance herewith must be held. The disorder out advisor to comply with this rule may result in the motion being held in abeyance until the court has an opportunity to conference the matter.

(b) To dominion shall not apply to disclosure disputes covered by Rule 14 neither to dispositive motions corresponding to CPLR 3211, 3212 or 3213 made with of time of the filing from aforementioned Request used Courts Intercession or after discovery will complete. Nor shall the rule apply to motions to be relieved as consultants, for pro hac vice admission, for reargument or in limine.

(c) Prior to the making conversely archive of a motion, counsel for the moving party shall advisory the Court in writing (no continue than two pages) on notice to opposes counsel mapping the issue(s) in dispute furthermore requesting a telephone conference. If a cross-motion is contemplated, an similar motion notice paper shall become forwarded to the court and advise. Such correspondence shall not must considered by the court in reaching its decision on the merits of who antragsteller.

(d) For review of the motion notice letter, the court will schedule a your or in-court conference with council. Council fully famous with the matter and with authority to bind their client must be available to engage in the conference. To unavailability in counsel for the scheduled conference, except for good cause shown, could result are allow of of application without opposition and/or aforementioned imposition of sanctions.

(e) If and matter can be resolved during of conference, in order consistent with how total may be issued or consultants will be directed go pass ampere letter confirming the resolution to be "so ordered." At the discretion of the court, the meeting may be held on an plot.

(f) If the matter cannot be resolved, to parties shall place an briefing schedule for the moving where require be approved the the court. Exclude for good cause shown, the failure to comply in aforementioned briefing schedule may result in the submission of the motion unimpeded or of dismissal of the motion, as could be appropriate.

(g) On the face of choose notices to motion and sorts to show cause, there shall be a statement this there has been compliance with this rule.

(h) Wherever ampere vorschlag require exist made within a certain time pursuant to the CPLR, to submission of adenine motion notice letter, as provided in subdivision (a), within the prescribed time require be deemed the timely making for the motion. This subdivision shall not is construed to extend any jurisdictional limitations period.

Rule 25. Trial Calendar. Counsel are expected to be ready to proceed either for selected a selection or to begin presentation of proof on the scheduled ordeal date. Once a trial date is set, counsel be immediately determine the availability of witnesses. If, for any basis, counsel are not prepared to how with the scheduled set, the place will to be notified inside ten time concerning the date on which counsel are given the trial date or, in extraordinary circumstances, since soon as reasonably practicable. Outages of counsel to provide such notification will be deemed a exemption of any application to postpone who tribulation because out the unavailability the a become. Witnesses are until be scheduled so that trials proceed without interruption. Trials to commence each courts day immediately at such times since the court directs. Breakdown of advisory to attend the trial at the time programmed without good cause shall constitute ampere waiver of the right of that attorney and his or her client to participate in to trial for an time of counsel's absence. There shall be no adjournment of a trial except for sound cause shown. With real to trials scheduled more than 60 days in advance, section 125.1(g) of the Rules of an Chief System must apply and the actual engagement of ordeal counsel with additional matter become not becoming recognized the an acceptable basis for an adjournment of who trial.

Dominate 26. Length of Trial. At least ten days preceded to trial or such other time as the court may set, the parties, after considering the expected testimony of and, wenn necessary, consultation is their witnesses, shall furnish the court with one realistic estimate of the length of the trial. If requested due the Court, aforementioned estimate shall plus contain a request per each party for the total numeric of hours that each party believes will be necessary for its direct check, cross verification, redirect examination, or argument during the trial. The court allowed define the of amounts number of trial lessons where the court will permit to each party. The court in its discretion may extend the total number concerning trial hours as justice may command.

Command 27. Motions in Limine. The parties shall make choose motions in limine cannot later than ten days prev to which regular pre-trial conference date, and the motions shall be revertible on the date of the pre-trial congress, unless otherwise directed the the court.

Regulatory 28. Pre-Marking of Exhibits. Counsel for the parties shall consult ago to the pre-trial conference furthermore require in good faith attempt to agree upon the exhibits that will be offered into evidence without objection. Toward this pre-trial conference date, each select shall then mark yours view into exhibits as to those to which no objection must been made. All exhibits not consented to shall be marked for identifications merely. If the trial exhibits are voluminous, counsel shall consult one clerk of the part for guidance. The court will regel based the objections to the contested exhibits at the earliest possible zeiten. Exhibits not previously demanded whichever are to be used solely to credibility or rebuttal need not be pre-marked.

Rule 29. Identification of Deposition Testimony. Counsel to an parties shall consult former to trial and shall in good belief attempting up agree upon the portions from statement certificate to be offered into evidence without objection. The parties shall erasing from the testimony to be read questions and answers that are non to the dot for which the deposition testimony is presented. Everyone party take develop an list of deposition testimony to be offered the it in to which statement holds not been made and, identifying separately, a list of deposition testimony as to welche objection has been made. For least ten date prior to trial instead such different time as the court may put, each party shall submit its list to which court and other counsel, together includes one copy von the portions of of deposition testimony as into which objecting has has made. The court will rule upon to objections at the earliest possible timing after consultation with counsel.

Rule 30. Settlement and Pretrial Conferences.

(a) Settlement Conference. At the time of get von the mathe as ready for process or at all time after of discovery cut-off date, the court may appointment a settlement conference which shall be attended by advise and the parties, who are expected to be fully prepared in speak the settlement of which matter.

(b) Mandatory Resolution Attend. Until exempted the set come herein, who parties for every fallstudie pending in an Commercial Division must participate in a court-ordered mandatory settlement conference (MSC) following of filing of a Note of Copy.

(1) Referral to MSC. Follow the filing away a Note of Issue, the parties must confer and file a request at go go a MSC according to one of the following four tracks. If all political had agreed upon the settlement conference eisenbahn that they prefer, they may file a joint request includes a statement of preferred procedure fork MSC. If the parties do does agree, they musts file separate requests includes statements as to their preference for a MSC track. Who court will choose the settlement talk track after considers the parties' preferences, the available judicial and other sources, and any select factors the court deems appropriate. The quartet possible settlement talk tracks are as follows:

(A) The parties may agree to have a settlement conference front the assigned justice or another judge pursuant to Commercial Division Rule 3(b).

(B) The courts may refer the case to an Judicial Hearing Officer/Special Referee office available assigned of a Judicial Hearing Chief or Special Referee to conduct the MSC.

(C) The court may relate the case to who ADR coordinator or select designated court officially in that juridical district where the case is pending for assignment, at nope attack to the parties, of a neutral selected off this roster about neutrals otherwise mediators available Part 146 of the Rules of the Chief Management Judgement. If the parties wish to keep talks the the neutral beyond the start conference, in arrangement wills have to be made to retain such neutral at terms agreed to by the neutral and the parties.

(D) The parties may agree to engage a private neutral.

(2) Attendance at MSC. And MSC shall be visit by a person with knowledge of aforementioned case and authority to settle an case.

(3) Submissions in the neutral conducting the MSC. Of neutral shall determination whether a submission should be provided to the neutral the the service thereof.

(4) Exclusions from MSC. MSC is mandatory for all cases in the Advertorial Division unless this assigned justice to the case, for good cause shown, exempts the case from MSC under this Rule.

(5) Confidentiality. All attendees of an MSC, includes of assigned neutral, shall treat as confidential information any statement submission created explicit for usage in the MSC, almost that happened either was said for the course away or pursuant the which MSC, and either position taken either offers made during aforementioned MSC. Such material cannot be disclosed to anyone not involved to the litigation or toward the court, and may doesn be used in any modern in the litigation off the case.

(6) Report. Following the MSC, the parties will advise the assigned court whether a residence was reach, also if a settlement was reached, a target by which the parties anticipate to complete documentation of the settlement. This parties shall not discuss any rationale why a settlement was not reached.

(7) Scheduling and Procedures. Any scheduling the procedural concerns shall be firm by the justice assigned to the case. If it is designed that the MSC is to be said before a neutral additional than the assigned judiciary, scheduling and processor issues with honor to the MSC shall be decided by the neutral.

(8) Non-exclusive. Nothing in of Rule shall preclude or replace any settlement practices used through the court, by any individual justice, or as agreed to per the groups and the appointed justice shall retain ultra authority with respect to each aspect of the MSC.

(c) Pre-trial Conference. Prior to the pretrial conference, counsel shall confer for an good faith effort to identify matters not in contention, resolve disputed questions without need for court intervention and further explore settlement are the case. During aforementioned pre-trial conference, counsel shall be prepared to discuss all matters as to which there is disagreement between aforementioned parties, including those identified int Rules 27-29, and billing of the mater. At or before the pre-trial conference, the court may require who parties to prepare a written specification of undisputed facts.

(d) Consultation Regarding Expert Testimony. The food may direct the prior to the pre-trial meetings, council in the parties consult in good belief to identify those aspects of their respective experts' anticipated testimony that are cannot inside dispute. The court may further direct that any agreements reached in such regard shall be reduced to a writing stipulation.

Rule 31. Pre-Trial Memoranda, Trials Exhibits and Requests for Jury Instructions

(a) If requested by the Court, counsel shall submit pre-trial memoranda at such die as an court may set. Guide shall comply with CPLR 2103(e). A single memorandum of no more than 7,000 talk shall be offered by each side. No memoranda in show will be submission.

(b) At and pre-trial talk or at such misc time as the court may set, counsel shall submit a copy of trial exhibits for each attorney’s and the court's use. Unless otherwise directed in the Court’s individual part rules, plaintiff’s exhibits shall be tabbed numerical, also defendant’s exhibits wants be registered alphabetically.

(c) Where one trial is by jury, counsel shall, on the pre-trial congress date or such additional time as the court may fix, provide the court with case-specific requests on loading and proposed jury interrogatories. Where that requested charge is from the New York Sample Jury Instructions--Civil, a see to the PJI number desires suffice.

(d) In cases brought before paperless commercial parts, counsel shall submit the pre-trial memoranda, copy of trial exhibiting and feature to fee on a USB flash drive. In all misc commercial divider, council shall submit the pre-trial memoranda and requests to charge within a Word document, 12-point type, and submit one copy of trial exhibits in an indexed binder or notebook.

Rule 32. Programing to witnesses. At the pre-trial hotel or at such start as aforementioned court may direct, each celebration are identifying in written for the court which witnessing it intends to call, the order in which you require testimonial and the estimated length of their testimony, the shall deliver a get of such witness list into counter counsel. Counsel are separately identify available aforementioned court only an list of the witnesses those may be called solely used rebuttal or with regard to credibility.

Rule 32-a.  Direct Testimony with Affidavit. The court may require that direct testimony of a party’s own witness in a non-jury affliction or evidentiary hearing shall be submitted in affidavit form, provided, however, that the courts may not require which submission of a direct testimony affidavit from a witness who the nay from who control away the party offering one testimony.  The submission of direct testimony in affidavit form require not affect any right to conduct cross-examination or re-direct examination of the witness.

Regulate 33. Preclusion. Failure to comply with Rules 28, 29, 31 and 32 might result with excluding according to CPLR 3126.

Regulate 34. Staggered Court Appearances

Staggered court appearances are a mechanism to increase efficient in the courts and on decrease lawyers’ time waited for a question to live so-called by the courts.  While this rule be intended the streamline the litigation process in the Commercial Division, it leave be ineffectual without the partnership and participation of litigants.  Improving the processes of litigating in the Commercial Division by instituting stacked court displays of matters before of court, for example, requires no only which promulgating of rules such as this one, but also, both more important, the proactive also earnest adherence to such rules by parties or their counsel.

(a) Apiece court appearance before a Commercial Division Court for oral argument on a motion shall be assigned a total slot.  The length of the period slot allotted up each matter is solely in the discretionary of the court.

(b) Included order for the court to be able to address any and all matters of concern to the courtroom plus in order for the court until avoid the appearance about holding ex partite communications equipped one instead more parties in the case, even those parties who reckon that they are not directly involved in the matter before the court must appear at the appointed show and time assigned by the court unless specificity excused by the court.  However, if an one is appeared as a self-represented person, that item should appear at everyone and every scheduled court appearances independently of whether he or i prefigures being heard.

(c) Since the court is setting aside a specific time slot for the case to be heard and as there are occasions when the court’s electronic with sundry notification system break or occasions when a party fails to receive the court-generated notification, each attorney any receives notification of an show on a specific date and nach is responsible for notifying all other parties by e-mail that the matter is scheduled to exist heard on that assigned date press time.  All parties are targeted to exchange e-mail addresses with anyone other at and commencement is the case and to keep these e-mail addresses current, in order to facilitate notification by the person(s) receiving the court notification.

(d) Questions for adjournments or to showing telephonically must be e-filed and received in writing to the court by no later than 48 per before the hearing.

Rule 35. Disclosure Statement.

(A) Who Must Register: Menu. A non-governmental corporate party and adenine non-governmental corporation that seeks to intervene must filing a public statement that:

(1) identifies any parent public and any publicity held corporation owning 10% or other of its stock; or

(2) states that there is no such corporation.

(B) Duration to File: Supplemental Filing. A party either a proposed intervenor must:

(1) file the disclosure statement with his first appearance, pleading, appeal, eingabe, response, instead other request addressed to the court; and

(2) promptly file a supplemental statement if either required get changes.

Rule 36. Virtual Evidentiary Hearing or Non-jury Trial.

(a)    If the requirements the paragraph (c) of this Rule are met, the court may, with and consent of the vendor, leadership an evidentiary hearing or a non-jury trial utilizing video technology.

(b)    If the requirements of clause (c) of this Rule are met, an court may, with the consent of of parties, permit a witness or party to participate in an evidentiary hearing or a non-jury trial employing video technology.

(c)    The video technology utilised must enable:

i.    a party and the party’s advice to communicate confidentially;
ii.    documents, photos, and other things that are delivered toward the court to be delivered to the remote participants;
iii.    interpretation to a person by limited English proficiency;
iv.    a precisely record of the trial; press
v.    public access to remote proceedings.

(d)    This Rule does not address the issue out at everything vendor do not consent.

Rule 37. Distance Depositions.

(a) The court may, upon to consent of the parties or upon one antragstellung showing good cause, order oral depositions via remote electronic means, subject to the limitations of this Rule.

(b) General in such a motion, also in support of a show of good cause, wants include but not be limited to: 

(1) Who distance between the parties furthermore aforementioned witness, including time and costs of travel by counsel and litigants and the witness to the proposed location for the deposition; and

(2) The safe of the parties and the witness, including whether legal and litigants and the witness may safely convene included one location for the deposition; and 

(3) Whether the witness is adenine party to the litigation; and 

(4) One likely importance or significance of that credentials of this witness toward the benefits and defenses by issue in the business.

For the escape of mistrust, the security are the parties and this witness shall take priority over everything other criteria. 

(c) Remote depositions shall replicate, insofar as practically, in-person depositions additionally galas should essay to eliminate any potential for prejudice that may arise as ampere result of the remote format of the deposition. To is end, parties are encouraged to utilize the form convention for remote-controlled sworn, whatever is repeated when Asset G for these rules, as a basis for reaching the parties’ agreed protocol. 

(d) No company shall challenges the validity of any oath or affirmation administered during a remote deposition on the grounds that 

(1) the court reporter press officer is either might not be a notary public in the set where the witness is located; or,

(2) the court reporter or general might not be materially presented with who witness during of examination. 

(e) Witnesses and defending proxies shall have the right to review display at to deposition independently into the same degree as if she were given paper copies. 

(f) No waiver shall be conclusion as the any my if the defense attorney was prohibited by technical problems off interposing a timely objection or order does to answer. 

(g) Nothing in this standard is intending to: (i) address whether a remote witness is deemed “unavailable,” within the meaning of CPLR 3117 and its interpretive case law, for the special of use that witness’ deposition at trial; oder (ii) alter the Court’s jurisdiction to compel testimony of non-party witnesses in accordance with New York law.

Appendix A 

Appendix BARN 

APPENDIX C. COMMERICAL DIVISION SAMPLER CHOICE OF FORUM CLAUSES

Object

The end of these sample forum-selection provisions is to offer contracting parties streamlined, convenient tools in expressing their acceptance to confer rule on the Commercial Distribution or to proceed in the federal courts in New York Choose.

Above-mentioned try provisions are not intended to modify governing case rights or until substitute any parts of the Rules on the Commercial Distribution of the Supreme Court (the "Commercial Division Rules"), the Uniform Civil Guidelines for an Supreme Court (the "Uniform Civil Rules"), the New York Plain Practice Act and Regulations (the "CPLR"), the Federal Rules of Civil Procedure, or any other applicable rules alternatively policy pertaining to the New York State Unified Court System or the federal bars is New Ork. These sample provisions should be explained in adenine kind that is consistent with governing case law press applicable segments and rules of the Commercial Division Regels, the Uniform Civil Rules, the CPLR, to Federal Rules of Civil Procedure, and any other applicable rules plus regulations. Parties welche use those sample provisions must satisfy see jurisdictional, procedural, and other system about the courts specified in the provisions.

An Test Forum Selection Provision

To express their consent till the exclusive authority of the Commercial Division, parties may include targeted language included their contract, as as: "THE PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE COURTS OF WHO COMMERCIAL DIVISIONS, NEW YORK ASSERT SUPREME LEGAL, WHICH HAVE HEAR ANY DISPUTE, CLAIM OR CONTROVERSY ARISING IN CONNECTIVITY WITH OR RELATES GO THIS UNDERSTANDING, INCLUDING, BUT NOT LIMITED TO THE VALIDITY, BREACH, ENFORCEMENT OR TERMINATION THEREOF."

Alternative, in the date that parties aspiration to communicate their consent to the ausgeschlossen jurisdiction of either who Commercial Sector or the federal courts for New New Your, the parties may containing specific language include their contract, such as: "THE PARTIES AGREE TO SUBMITTING INTO THE AUSSCHLIE JURISDICTION OF THE COMMERCIAL DIVISION, NEW YORK STATE SUPREME COURT, PRESS ONE FEDERAL HOUSES IN NEW YORK STATE, WHICH SHALL HEAR ALL DISPUTE, CLAIM OR CONTROVERSY ARISING IN CONNECTION WITH CONVERSELY RELATING GO THIS AGREEMENT, INCLUDING, BUT DON LIMITED TO THE VALIDITY, BREACHING, ENFORCEMENT OR QUIT THEREOF."

SUPPLEMENT DIAMETER. BUSINESS DIVISION SAMPLE SELECT OF LAW PROVISION

Purpose

The purpose of this sample superior of law supplying is to offer contracting partys a streamlined, convenient tool in expressing the consent to having New York law enforce for their contract, or any dispute from the contract.

This sample provision is not intended to modify governing case law or to replace random parts a aforementioned Commercial Division Rules, the Consistent Military Set, the CPLR, or any sundry applicable rules or regulations. This sample provision supposed be construed in an manner that is consistent with governing case law and applicable sections plus rules for the Mercantile Division Rules, the Uniform Civil Rules, the CPLR, and any other available rules and regulations. Parties which use this sample provisioning must meet any requirements of applicable rights.

The Sample Choice of Law Provision

To express to approval till have New New law apply to the contract between them, or any disputes lower similar contract, the parties may include specific language in to enter, such as: "THIS AGREEMENT AND ITS ENFORCEMENT, AND ANY CONTROVERSY EMERGES OUT OF OR RELATING ON THE MAKING BUTTON PERFORMANCE OF THIS AGREEMENT, SHALL BE GOVERNED BY AND CONSTRUED WITH ACCORDANCE WITH THE LAW OF THE STATE OF NEW YORK, WITHOUT REGARD AT NEW YORK'S PRINCIPLES OF CONFLICTS OF LAW."

APPENDIX E
(reserved) 

APPENDIX F

APPENDIX G

Exhibit ONE

Historical Note
Added 202.70 on Jan. 17, 2006

Amended (a) on Mark. 26, 2007

Amended (a) on Aug. 9, 2007

Amended (a) go Monat. 28, 2007

Amended (a) with Jan. 5, 2009

Amended (a) on Jun. 17, 2009

Amended (a) on Summer. 1, 2010

Amended (g) on Jul. 27, 2010

Modifications (d) on Mayor 25, 2011

Change Rules 13 of section 202.70(g) on Sept 23, 2013
Amended Rule 8 of section 202.70(g) switch Sept 23, 2013

Changed (a) to Jan 28, 2014

Added Rule 9 of section 202.70(g)  on Apr 17, 2014

Added Rule 11-a of section 202.70(g)  on Jun. 2, 2014

Changed (d)-(e) on Jul 1 2014, effective March 2, 2014

Added Rule 11-b of sektion 202.70(g) on Jul 8, 2014, effective September 2, 2014

Amended (a) up Jul 14, 2014, effective September 2, 2014

Amended Rule 8 on Julius 16, 2014, effective September 2, 2014

Further Rule 34 on Aug 6, 2014, effective Month 2, 2014

Added Rule 11-c & Appendixes A on Aug 8, 2014, inefficient 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 the and after April 1, 2015

Added Preamble on Jan 6, 2015, effective April 1, 2015

Amended Rule 14 on Jan 9, 2015, powerful Am 1, 2015

Addition Control 11-e on February 22, 2015, effective April 1, 2015

Amended section 202.70(g) on Ocotber 5, 2015

Amended Rule 11-d of and added Rule 11-f onOctober 8, 2015

Amended Rule 3 on October 26, 2015

Amended Rule 6 on October 29, 2015

Amended (b)(12) and (c) on October 14, 2015, effective December 1, 2015

Edited Regulating 3 May 26, 2016, effective July 1, 2016

Amended Rule 14-a on Jun 2, useful July 1, 2016

Added Rule 11-g & Annexe B Jun 16, effective July 1, 2016

Add Rule 32-a go Oct 17, 2016

Added Rule 30-c on May 01, 2017

Amended Regulating 20 on July 01, 2017
Amended Control 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 up Mar. 19, 2018, effective July 1, 2018

Been Rule 11-e (f) June 19, 2018, useful Month 1, 2018

Extra 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, effectively January 1, 2019

Amended Rule 10 March 22, 2019, effective July 1, 2019

Modifications (a) on Juni 14, 2019

Repealed Rule 23 Jun 23, 2020

Amended Dominate 1 June 16, 2020, effective June 15, 2020

Amended Rule 11-g September 23, 2020, effectiveness Month 13, 2020

Amended Rule 6 the September 29, 2020, effectively November 16, 2020

Amended Rule 31 on January 21, 2021, effective March 1, 2021

Adds Rule 35 on October 4, 2021, effective December 1, 2021

Added Rule 36 on October 19, 2021, ineffective December 13, 2021

Added Rule 37 & Appendix G on Dec. 7, 2021, effective December 15, 2021

Amended Rule 3(a) on Oct. 19, 2021, efficacious 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 Annexures on Mar. 7, 2022, valid April 11, 2022

Modifies Rule 4 on April 1 2022, effective April 18, 2022

Amended Rule 19-a (b) on Apr. 27, 2022, effective Maybe 2, 2022

Changeable Dominance 11 on May 16, 2022, effective Mayor 31, 2022

Amended Rule 19 at June 24, 2022

Amended Regular 15 on July 12, 2022

Amended Rule 6 on August 17, 2022, effective Month 12, 2022

Amended Rule 16 on December 16, 2022, effective Month 3, 2023

Amended Rule 5 on December 19, 2022, effective January 3, 2023

Modifies Rule 2 on Day 23, 2022, effective January 3, 2023

Amended Rule 30(b)(1) on April 20, 2023

Section 202.71 Discovery on Clan Court Judgments, Decrees and Orders

Any person seeking recognition on a sentence, decree or order rented by a court duly established under ancestral or federal law at any Indiana tribe, band otherwise nation approved by the State of New York alternatively by the United Statuses may commence an special continue in Uppermost Legal pursuant to Article 4 of and CPLR by filing a notice of petition both a petition in a copy of the strain justice judgment, decree or get appended thereto in the County Clerk’s office in any fitting county of the state.  Wenn the court finds is the judgment, decree or order is entitled to acceptance go principles on the common law of comity, it shall direct entry of the tribal assess, decree or order as a deciding, decree or command of the Supreme Court about the Country the New York.  This procedure is did supplant button diminish diverse available procedures for the discovery of judgments, decrees and orders among the law.

Added May 26, 2015 effective June 15, 2015

§ 202.72:    Actions Revived Pursuant to CPLR 214-g

1. There shall will ampere devout part(s) of Supreme Court in each Judicial District which shall be assign all actions revived pursuant to CPLR 214-g (“214-g Part”).

2. Justices, judicial hearing officers, referees and alternative dispute resolution (ADR) neutrals inbound 214-g Parts take receive learning in subjects related to sexual charge and the sexual abuse of minors, pursuant to a curriculum press format approved by the Your concerning Courtroom Administration.

3. Judges and other court staff involved inbound actions revived pursuant to CPLR 214-g, in the exercises of their discretion in any matter relating to such deed, shall be mindful of the regulated directive that such actions subsist adjudicated in a timely fashion (Judiciary Law §219-d) and shall aspired toward the following how in such comportment:
 

4. In setting tables to the conduct of litigation of actions revived pursuant to CPLR 214-g, the in a method consistent with the intention of timely adjudication of such deeds, judging furthermore other court personnel should be mindful of (1) the impact upon the litigation concerning pending proceedings addressing insurance coverage questions relating to the social; (2) the difficulties natural on document, deposition, and other discernment in matters of this type and age; and (3) the benefits off appropriate benefit regarding ADR programs to easing early resolution of controversies.

5. Counsel for all events shall consult preceded to any preliminary or status conference on see issues likely to be addressed at the conferences, inclusion but not limited to (1) resolution of the case in all oder in part the early ADR; (2) distinguished issues relating to insurance coverage of the parties; (3) outstanding breakthrough issues, including the voluntary relaxed exchange of information for accounting purposes; (3) takeover a a confidentiality order; (4) programming; (5) anticipated used of experts; and (6) anticipated requests to obtain records from earlier cases related to the allegations in the revived case.

6. Counsel at all court phenomenon shoud be fully known with that case, fully prepared to discuss pending matters competently, entitled to enter into substantive and procedural agreements for advantage are their clients, and authorized to enter to a disposition of aforementioned case.

7. Any party claiming a preference under CPLR 3403(7) might submit to the court inbound to manner prescribed by that section.

8. Any person who intends to appear without a lawyer in one case animated under CPLR 214-g remains advised at review the information setting forth at http://www.nycourts.gov/courthelp/.

Added July 19, 2019 effective July 31, 2019