. Unless otherwise directed in the Courts individual part rules, plaintiffs exhibits shall be tabbed numerically, and defendants exhibits shall be tabbed alphabetically. . (d) Training. Discovery of Electronically Stored Information. The challenged jurors shall be replaced, and a new round shall commence. 202.28 Discontinuance of actions In all actions in which the accounts of a receiver appointed in an action for the dissolution of a corporation are presented for settlement or to be passed upon by the court, a notice or a copy of an advertisement requiring the creditors to present their claims to a referee must be mailed, with the postage thereon prepaid, to each creditor whose name appears on the books of the corporation, at least 20 days before the date specified in such notice or advertisement. Office and P.O. (1) Contested Actions. (e) The term "referee" in this section shall include, but not be limited to, commissioners of appraisal, and shall not include receivers or referees in incompetency proceedings or mortgage foreclosure proceedings. Non-compliance with such an order may result in the imposition of an appropriate sanction against that party pursuant to CPLR 3126. (1) Registration required. In the event the defendant appears in such an action and denies responsibility for the identified account, the plaintiff may without leave of court amend his or her pleading to add full account or CPI by (i) submitting such amended paper to the court on written notice to defendant for in camera review or (ii) filing such full account or other CPI under seal in accordance with rules promulgated by the chief administrator of the courts. (b) Commencement of Actions Under this Section. (a) Form of Motion Papers. If counsel anticipates the need during trial of special equipment (if available) or special assistance, such as an interpreter, counsel shall so inform the clerk at that time. Personal service of initiating documents upon a party in an action that must be commenced electronically in accordance with this section shall be made as provided in Article 3 of the Civil Practice Law and Rules, or the Real Property Tax Law, or by electronic means if the party served agrees to accept such service. Counsel shall make a good faith effort to reach agreement on these matters in advance of the conference. If actions related to those pending before a Coordinating Justice are proceeding in Federal courts or in the courts of other states, the Coordinating Justice shall consult with the presiding judge(s) in an effort to advance the purposes of this section. The certification shall also describe the steps taken to identify the documents so categorized, including but not limited to whether each document was reviewed or some form of sampling was employed, and if the latter, how the sampling was conducted. (e) Court Order. If such stipulation is not returned by all parties, the conference shall be held on the assigned date. If such stipulation is not returned signed by all parties, the parties shall appear at the conference. Copies must be legible. This section shall apply to every tax assessment review proceeding brought pursuant to title 1 of Article 7 of the real Property Tax Law in a county within the City of New York. 202.20-e Adherence to Discovery Schedule. Historical Note If the witness has not waived the right to a showing and examination of the videotape deposition, the witness shall also sign the certification in accordance with the provisions of section 3116 of the Civil Practice Law and Rules. The filing of a consent to e-filing hereunder shall not constitute an appearance in the action under CPLR 320. ii. Section 202.53 Trust accountings; procedure. (b) Notwithstanding subsection (a)(1) of this Rule, the propriety of and timing for depositions of non-parties shall be subject to any restrictions imposed by applicable law. (g) The affidavits required by this section shall be supported by exhibits, including a copy of the credit agreement as defined in this section, the bill of sale or written assignment of the account where applicable, and relevant business records of the Original Creditor that set forth the name of the defendant; the last four digits of the account number; the date and amount of the charge-off balance; the date and amount of the last payment, if any; the amounts of any post-charge-off interest and post-charge-off fees and charges, less any post-charge-off credits or payments made by or on behalf the defendant; and the balance due at the time of sale. (9) any other facts material to the application. Historical Note (1) Part 202 shall be applicable to civil actions and proceedings in the Supreme Court, including, but not limited to, matrimonial actions and proceedings, except as otherwise provided in this section 202.16 and in sections 202.16-a, 202.16-b, and 202.18, which sections shall control in the event of conflict. General principles applicable to jury selection.Selection of jurors pursuant to any of the methods authorized by section 202.33(e) of the Rules of the Chief Administrator shall be governed by the following: (1) If for any reason jury selection cannot proceed immediately, counsel shall return promptly to the courtroom of the assigned trial judge or the Trial Assignment Part or any other designated location for further instructions. If an RJI is filed within the 90-day period following service of the complaint and the case is assigned to a noncommercial part because the filing party did not designate the case as "commercial" on the RJI, any other party may apply by letter application (with a copy to all parties) to the Administrative Judge, within ten days after receipt of a copy of the RJI, for a transfer of the case into the Commercial Division. (ii) The summons, complaint, petition, or judgment sought to be filed with the County Clerk contains an "et al" or otherwise does not contain a full caption; Section 202.62 Payment of eminent domain award to other than the named awardee. Counsel shall comply with CPLR 2103(e). . In the alternative, a party may serve a copy of the order or judgment and written notice of its entry in hard copy by any method set forth in CPLR 2103 (b) (1) to (6). Section 202.6 Request for judicial intervention. Exhibits not previously demanded which are to be used solely for credibility or rebuttal need not be pre-marked. The affidavit upon which application is made for leave to file a provisional bond must show fully and fairly the nature and extent of the property assigned, and good and sufficient reason must be shown why the schedule and inventory cannot be filed. A part of court is a designated unit of the court in which specified business of the court is to be conducted by a judge or quasi- judicial officer. Should that effort fail, counsel shall immediately bring the problem to the attention of the assigned trial judge, the Trial Assignment Part judge or any other designated judge. There shall be such parts of court as may be authorized from time to time by the Chief Administrator of the Courts. Opposing counsel who receives a copy of materials submitted in violation of this Rule shall not respond in kind. (b) If, prior to the return of the application, the court directs that the parties place their stipulation on the record, the transcript shall be filed as part of the papers. Prior to Trial, counsel shall confer in a good faith effort to identify matters not in contention, resolve disputed questions without need for court intervention and further discuss settlement of the case. (8) Continuous Calendars. 202.38 [Reserved] This section shall apply to every tax assessment review proceeding brought pursuant to title 1 of Article 7 of the Real Property Tax Law in counties outside the City of New York. (3) Standards for Coordination. Counsel shall separately identify for the court only a list of the witnesses who may be called solely for rebuttal or with regard to credibility. OR Parties which use this sample provision must meet any requirements of applicable law. (2) Three copies of the petition shall be filed with the County Clerk in the county in which the property is located, provided that at least 30 days have elapsed from the presentation of the notice of claim to the Office of the Comptroller pursuant to section 19-152.2 of the Administrative Code. Identification of Deposition Testimony. Sec. (c) Authorized E-filing Users, Passwords and Registration. General IAS Part 8, 80 Centre Street, Room 278 Part Clerk: Steven Carney, scarney@nycourts.gov, 646 WebThe Judges' Part Rules online is updated daily to provide the most current information available. (1) The decision and order of the hearing officer shall be rendered expeditiously and, in a small claims tax assessment review proceeding, the notice required by section 733(4) of the Real Property Tax Law shall be attached to the petition form. For purposes of this section, clerk of the court shall mean the county clerk where the court is the Supreme Court or a County Court, and the chief clerk of the court where it is any other court. Upon the filing of the schedule and inventory, the amount of the bond shall be determined finally. Historical Note The proponent, after causing the videotape to be edited in accordance with the court's instructions, may cause both the original videotape recording and the deleted version of the recording, clearly identified, to be filed with the clerk of the trial court, and shall do so at the request of any party. Section 202.70 Rules of the Commercial Division of the Supreme Court. The proposed order in such cases may provide for deduction of the following disbursements from the settlement: (5) service of summons and complaint and of subpoenas; (6) expert's fees, including analysis of materials; and. (4) The party opposing any motion shall be deemed to have admitted, for the purpose of the motion but not otherwise, such facts set forth in the moving party's statement of net worth as are not controverted in: (i) a statement of net worth, in the official form prescribed by this section, completed and sworn to by the opposing party, and made a part of the answering papers; or. (1) The court may appoint a referee to take and state any contested account or to hear and report on any issue of fact raised in an application to the court by any interested party. At any scheduled call of 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 may note the default on the record and enter an order as follows: (a) If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest; (b) If the defendant appears but the plaintiff does not, the judge may dismiss the action and may order a severance of counterclaims or cross-claims; (c) If no party appears, the judge may make such order as appears just. No hearing officer shall use letterhead or business cards bearing the title of hearing officer except in direct connection with such person's official duties as hearing officer. Finally, the work of the Commercial Division has prospered through the strong cooperative spirit of the bar practicing before it. Rule 5. Section 202.26 Settlement and Pretrial Conferences. . Such service shall be accompanied by a notice, in a form approved by the Chief Administrator, advising the recipient that the action is subject to electronic filing pursuant to this section. 202.20-f Disclosure Disputes. Hon. Historical Note Amended (a). (D) The parties may agree to engage a private neutral. Each party receiving the notification shall be responsible for accessing the NYSCEF site to obtain a copy of the document received. (g) Justification of Sureties. (b) Adjournments of conferences shall be granted upon a showing of good cause. Box or other alternate addresses associated with the defendant of which the servicer or its attorney is aware shall also be listed. The court may also use the conference for whatever other purposes the court deems appropriate. Hon. (3) No motion for counsel fees and expenses shall be heard unless the moving papers also include the affidavit of the movant's attorney stating the moneys, if any, received on account of such attorney's fee from the movant or any other person on behalf of the movant, the hourly amount charged by the attorney, the amounts paid, or to be paid, to counsel and any experts, and any additional costs, disbursements or expenses, and the moneys such attorney has been promised by, or the agreement made with, the movant or other persons on behalf of the movant, concerning or in payment of the fee. Registration shall be on a form prescribed by the Chief Administrator. (2) An attorney seeking to obtain an interest in any property of his or her client to secure payment of the attorney's fee shall make application to the court for approval of said interest on notice to the client and to his or her adversary. Jul. (c) It is important that counsel be on time for all scheduled appearances. directors and officers, errors and omissions, and business interruption coverage); (11) Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures -- without consideration of the monetary threshold; and. Not later than four business days after receiving such a letter, any affected opposing party or non-party shall submit a responsive letter not exceeding three single-spaced pages. (c) The order appointing a receiver or assignee shall incorporate subdivisions (a) and (b) of this section. (b) At the pre-trial conference or at such other time as the court may set, counsel shall submit a copy of trial exhibits for each attorneys and the court's use. (b) Service. (1) The Court may require that electronically submitted memoranda of law include hyperlinks to cited court decisions, statutes, rules, regulations, treatises, and other legal authorities in either legal research databases to which the Court has access or in state or federal government websites. (c) Any written description of a partys claims/defenses provided under this Rule is not binding and does not limit the scope of a partys pleadings. A preliminary conference shall be held within 45 days of assignment of the case to a Commercial Division justice, or as soon thereafter as is practicable. filed: June 23, 1989; Jan. 30, 1990; May 4, 1992; Nov. 12, 1992 eff. Jan. 2, 2003. If a judicial hearing officer has heard and determined a proceeding under the section, any application for judicial relief may not be heard by a judicial hearing officer, except upon consent of the parties. Counsel shall follow Rule 6 with respect to hyperlinking. This notification shall be made in addition to the filing of a stipulation with the County Clerk. The total number of peremptory challenges to alternates may be exercised against any alternate, regardless of seat. A party served by electronic means shall, within 24 hours of service, provide the serving party or attorney with an electronic confirmation that the service has been effected. At that time, counsel shall be prepared to argue the motion, discuss resolution of the issue(s) presented and/or schedule a trial or hearing. filed Jan. 9, 1986; amds. (6) Decisions, orders and judgments. Oral Argument. (b) Each Response shall state: (i) whether the objection(s) interposed pertains to all or part of the request being challenged; (ii) whether any documents or categories of documents are being withheld, and if so, which of the stated objection(s) forms the basis for the responding partys decision to withhold otherwise responsive documents or categories of documents: and (iii) the manner in which the responding party intends to limit the scope of its production. Section 202.44 Motion to confirm or reject judicial hearing officer's report or referee's report. (required only where the motion relates to disclosure or to a bill of particulars), Pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of this motion. An audio copy of the sound track may be submitted in lieu of the videotape for this purpose, as the court may prefer. ", APPENDIX D. COMMERCIAL DIVISION SAMPLE CHOICE OF LAW PROVISION. (4) The administrative judge shall screen each applicant in conformance with the requirements set forth in section 731 of the Real Property Tax Law or section 19-152.3(d) of the Administrative Code of the City of New York, for qualifications, character and ability to handle the hearing officer responsibilities, and shall forward the names of recommended nominees, with a summary of their qualifications, to the Chief Administrator for appointment. The Notice shall further provide that the defendant contact the court by telephone, no later than seven days before the conference is scheduled, to advise whether the defendant will be able to attend the scheduled conference. (ii) How to register. (5) Hearing officers shall serve at the pleasure of the Chief Administrator, and their appointments may be rescinded by the chief administrator at any time. 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