Sec. In the event opposing papers are filed, the party applying for the preference may, within five days thereafter, serve and file in like manner papers in rebuttal. Adjournment of a conference will not change any subsequent date in the preliminary conference order, unless otherwise directed by the court. . . Once entered, a judgment is good and can be used against you for twenty years, and your personal property and money, including a portion of your paycheck and/or bank account, may be taken from you. 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. A non-governmental corporate party and a non-governmental corporation that seeks to intervene must file a disclosure statement that: (1) identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or. The order may address actions subsequently filed or not otherwise then before the Panel. (d) For the purposes of this Rule, each deposition of 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 constitute a separate deposition. (4) Exemptions from MSC. Counsel may exercise challenges for cause at this time. (d) This Rule does not address the issue of when all parties do not consent. If, where permitted, payment is submitted after the initiating documents have been transmitted electronically, the County Clerk shall assign the number upon presentation of that payment. After the submission of letters, the court will schedule a telephone or in-court conference with counsel. If the request is granted, the assigned justice or judge shall make appropriate arrangements for the designation of a "settlement judge.". (1) The assignee must file an account in all cases. State full name and address of each defendant. . (1) The preference in the Commercial Division is for the parties to use categorical designations, where appropriate, to reduce the time and costs associated with preparing privilege logs. Rule 33. Part 12c, Hon. Section 202.35 Submission of papers for trial. Christopher Modelewski Part17 Hon. (f) The individual(s) designated must testify about information known or reasonably available to the entity. 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. (5) The assessment review clerk shall make additional copies of the decision and order, as necessary, and, in the case of a small claims tax assessment review proceeding, shall transmit a copy to the clerk of each tax district relying on the assessment that is named in the petition and to the treasurer of any county in which any part of the real property is located. In an electronically filed proceeding, the decision and order shall be posted with the NYSCEF site, which shall constitute filing with the County Clerk. Again, the Commission is satisfied that the Amended Motion for Reconsideration does not state any basis on which the Decision and Order was erroneous or unlawful under the Act or regulations. (a) Upon any motion for summary judgment, other than a motion made pursuant toCPLR 3213, the court may direct that there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried. (1) In all proceedings for the determination of the value of property taken pursuant to eminent domain, the exchange of appraisal reports shall be accomplished in the same manner as provided for the exchange of such reports by section 202.59(g) and 202.60(g) of this Part, except that such reports shall be filed no later than nine months after service of the claim, demand or notice of appearance required by section 503 of the Eminent Domain Procedure Law unless otherwise extended by the court. As to each unrepresented litigant, the clerk shall explain his or her options for e-filing in plain language, including the option for expedited processing, and shall inquire whether he or she wishes to participate, provided however the unrepresented litigant may participate in the e-filing program only upon his or her request, which shall be documented in the case file, after he or she has been presented with sufficient information in plain language concerning the program. With due regard to the requirements of statutory preferences and of section 202.24 of this Part, when actions are advanced from one calendar to another they shall progress from the head of one calendar to the foot of the next calendar and otherwise progress in order insofar as practicable unless otherwise determined by the court. Counsel for all parties shall consult prior to a preliminary or compliance conference about (i) resolution of the case, in whole or in part; (ii) discovery, including discovery of electronically stored information, and any other issues to be discussed at the conference, (iii) the use of alternate dispute resolution to resolve all or some issues in the litigation; and (iv) any voluntary and informal exchange of information that the parties agree would help aid early settlement of the case. The total number of peremptory challenges to alternates may be exercised against any alternate, regardless of seat. An attorney who waives a challenge may not thereafter exercise a peremptory challenge. Section 202.20-e Adherence to Discovery Schedule. (c) Authorized E-filing Users, Passwords and Registration. . (i) The required notice of the filing of a final account by an incapacitated person's guardian and of a petition for settlement thereof shall show the amounts requested for additional services of the guardian and for legal services. Address: Notice of the date selected by the court shall be given, if practicable, at least 14 days before the scheduled oral argument. (3) Where more than one sheet of paper is necessary to contain the schedule of liabilities and inventory of assets required to be filed by the assignor or assignee, each page shall be signed by the person or persons verifying the same. No note of issue may be filed until a preliminary conference has been held. the date of an individual's birth, except the year thereof; iii. (2) access a web site provided by the UCS for the transmission of the document(s) by the EDDS and, using that web site: (i) select a court to be the recipient of the document(s) and, where the Chief Administrator has authorized use of the EDDS for the filing of documents in an action or proceeding and the party is using the EDDS for such purpose, so indicate, (ii) enter certain basic information about the action or proceeding; (iii) upload the document(s) thereto in pdf or some other format authorized by the Chief Administrator of the Courts; and (iv) if a fee is required for the filing of the document(s), follow the on-line instructions for payment of that fee. It must appear satisfactorily to the court that a necessity exists for filing of such provisional bond; and the affidavits filed shall be deemed a schedule and inventory of the assigned property until such time as the regular schedule and inventory of the assigned property shall be filed. (1) Entry; date of entry. (3) Neither party shall incur unreasonable debts hereafter, including but not 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 credit cards, except in the usual course of business or for customary or usual household expenses, or for reasonable attorney's fees in connection with this action. Rule 14-a. Where a pre-trial conference is scheduled, or otherwise prior to the commencement of opening statements, counsel shall be prepared to discuss all matters as to which there is disagreement between the parties and settlement of the matter, and the court may require the parties to prepare a written stipulation of undisputed facts. Section 202.29 Settlement Conference Before a Justice Other than the Justice Assigned to the Case. The request may be made at any time in the litigation. Before the note of issue and certificate of readiness may be filed, the petitioner shall have served on the respondent, in triplicate, a statement that the property is not income- producing or a copy of a verified or certified statement of the income and expenses of the property for each tax year under review. In cases not pending in the New York State Courts Electronic Filing System, the court may permit counsel to communicate with the court and each other by e-mail. Courtesy copies should not be submitted unless requested or as herein provided. (b) Consistent with the requirements of Rule 11-c, counsel for all parties who appear at the preliminary conference shall be sufficiently versed in matters relating to their clients technological systems to discuss competently all issues relating to electronic discovery. 202.8-d Orders to Show Cause. . (iii) bringing such special proceeding against the respondent to invalidate the false filing or amendment of such financing statement. filed Jan. 9, 1986; amds. If the parties do not agree, they must file separate requests with statements as to their preference for a MSC track. The request shall be served on all other parties and filed with the clerk for transmittal to the assigned judge. The County Clerk shall forward one of the duplicate originals of the note of issue to the clerk of the trial court stamped "Fee Paid" or "Poor Person Order.". (iv) Form of Papers: Parties shall comply with the requirements of 22 NYCRR 202.5(a) as amended. (2) Emergency exception. (d) Nothing in this section shall preclude the insuring body from consenting to a reduction of its lien. (1) At any time after filing of the note of issue and certificate of readiness, any party to a tax assessment review proceeding may demand, by application served on all other parties and filed with the court, together with proof of such service, a pretrial conference, or the court on its own motion may direct a pretrial conference at a time and date to be fixed by the court. (b) The court may direct that on the first day of trial or at such other time as the court may set, counsel shall submit an indexed binder or notebook, or the electronic equivalent, of trial exhibits for the court's use. No adjournment shall be granted on the ground of engagement of counsel except in accordance with Part 125 of the Rules of the Chief Administrator of the Courts (22 NYCRR Part 125). In any other case, the hearing officer, in his or her discretion, may award the petitioner costs in the amount of $25, if he or she deems it appropriate. Where a case is reasonably likely to include electronic discovery counsel shall, prior to the preliminary conference, confer with regard to any anticipated electronic discovery issues. injury and wrongful death Oct. 1, 1991. 202.19 Differentiated case management (d) Each statement of material fact by the movant or opponent pursuant to subdivision (a) or (b), including each statement controverting any statement of material fact, must be followed by citation to evidence submitted in support of or in opposition to the motion. The Provisions of NYCRR 202.20-b(a)(1) limiting the number of depositions taken by plaintiffs, or by defendants, or by third-party defendants, shall not apply to matrimonial actions. including depositions, are both proportional and reasonable in light of the With Court approval, which shall take into consideration concern for juror privacy, the parties may supplement the questionnaire to address concerns unique to a specific case. (e) With respect to a patient in a facility located in a judicial department other than the department where the proceeding is initiated, copies of the application, order or proof of qualification shall be served upon the directors in both departments. 5. Such direction, application, or stipulation must be served on all parties to the action and filed with proof of service. 202.20-c Requests for Documents. If such order is not presented for signature within 20 days after the court directs a reference, the application shall be deemed abandoned. Such request will be granted in the discretion of the justice or judge assigned to the case upon finding that such a separate settlement conference would be beneficial to the parties and the court and would further the interests of justice. (2) Registering as an authorized e-filing user. The request shall state the title of the action; index number; names, addresses and telephone numbers of all attorneys appearing in the action; and the nature of the action. 202.8-g Motions for Summary Judgment; Statements of Material Facts. Section 202.15 Videotape recording of civil depositions. Counsel may be permitted to ask follow-up questions. At the same time, the Commercial Divisions judiciary is strongly committed to the ongoing development of New Yorks commercial bar and, in that spirit, has instituted practices encouraging the participation of less experienced members of that bar in substantive and meaningful ways (including presentation of motions or examination of witnesses) in matters before it. Copies must be legible. March 20, 1989. (a) Each court appearance before a Commercial Division Justice for oral argument on a motion shall be assigned a time slot. Copies of these reports and the required authorizations shall be served and delivered with the bill of particulars by the party seeking to recover. (2) prior to the conclusion of the conference, all resolutions shall be dictated into the record, and either the transcript shall be submitted to the court to be "so ordered," or the court shall otherwise enter an order incorporating the resolutions reached. For each category of documents that may be established, the producing party shall provide a certification, pursuant to 22 NYCRR 130-1.1a, setting forth with specificity those facts supporting the privileged or protected status of the information included within the category. 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. (b) In any action where it is necessary to take an inquest before the court, the party seeking damages may submit the proof required by oral testimony of witnesses in open court or by written statements of the witnesses, in narrative or question-and-answer form, signed and sworn to. (2) No motion shall be heard unless the moving papers include a statement of net worth in the official form prescribed by subdivision (b) of this section. 202.55 Procedure for perfection of civil appeals to the County Court Section 202.50 Proposed judgments in matrimonial actions; forms. (b) Pre-Trial Conference. In the event of a change in title of an action by reason of a substitution of any party, no new note of issue will be required. 202.28 Discontinuance of actions Section 202.21 Note of issue and certificate of readiness. (3) The announcements and communications shall set forth the nature of the position, the qualifications for selection as contained 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, and the compensation. WebNEW YORK COUNTY LAWYERS ASSOCIATION COMMITTEE ON THE SUPREME COURTS COMMENTS ON AMENDMENTS TO THE COMMERCIAL DIVISION RULES . Initiating documents may be served in hard copy pursuant to Article 3 of the CPLR, or, in tax certiorari cases, pursuant to the Real Property Tax Law, and shall bear full signatures as required thereby, or by electronic means if the party served agrees to accept such service. (e) Vacating Note of Issue. Section 202.36 Absence of attorney during trial. 202.26 Settlement and Pretrial Conferences. In the event an attorney or party shall file and serve documents in hard copy pursuant to this paragraph, each such document shall include the notice required by paragraph (1) of subdivision (d) of this section, and the filer shall file those documents with the NYSCEF site within three business days after restoration of normal operations at that site. 202.5-b Electronic Filing in Supreme Court; Consensual Program shall post prominently in the public areas of his or her office notice that filing of papers in order to commence an action or special proceeding must be with the county clerk. 202.48 Submission of orders, judgments and decrees for signature (b) For purposes of this Rule, a hyperlink means an electronic link between one document and another, and a bookmark means an electronic link permitting navigation among different parts of a single document. (b) Applicability. James F. Quinn (e) Presence of Judge at the Voir Dire. 7, 2022, effective April 11, 2022, Amended Rule 4 on April 1 2022,effective April 18, 2022, Amended Rule 19-a (b) on Apr. Motions for reargument may be made after decision is rendered, and must be made within 30 days after service upon the moving party of a copy of the order entered on the decision, with written notice of its entry. Compliance Conference Order with Certification In the event that the opponent of a motion for summary judgment fails to provide any counter statement of undisputed facts though required to do so, the court may order compliance and adjourn the motion, may, after notice to the opponent and opportunity to cure, deem the assertions contained in the proponents statement to be admitted for purposes of the motion, or may take such other action as may be just and appropriate. The hearing officer shall schedule hearings in the evening at the request of any party, unless special circumstances require otherwise. The above-entitled action is for (briefly state nature of action, e.g., personal injury, medical malpractice, divorce, etc.). 1. Cited documents filed with NYSCEF that are accessible through bookmarks in the electronically submitted document need not also be hyperlinked. (d) All appraisals of fixtures submitted on behalf of the claimants and the condemnor for which claim is made shall be filed and distributed as provided by these rules with respect to appraisal reports and shall set forth the appraisal value of each item in the same numerical order as in the inventory annexed to the claim. . Added May 26, 2015 effective June 15, 2015, 202.72: Actions Revived Pursuant to CPLR 214-g. 1. review proceed. (ii) With respect to property not in the custody of the court, possession having been acquired by the secured creditor, judgment creditor or lienor, the assignee may, upon notice to the adverse party, apply to the court where such assignment proceedings are pending to enjoin any prospective sale and to permit the assignee to conduct the sale, whether private or a public auction, upon such terms and conditions as in its discretion will not prejudice the interest of the secured party and yet preserve the interest of the assigned estate by affording the assignee an opportunity to liquidate the assets under the most favorable terms and conditions. Order Confirming Referee Report & Judgment of Foreclosure & Sale, Affirmation of Good Faith Where an action is subject to e-filing and a party (other than an unrepresented litigant who is not participating in e-filing) or attorney seeks to file a document therein in hard copy, such document shall include, on a separate page firmly affixed thereto, a notice of hard copy submission, in a form approved by the Chief Administrator, that states the reason why the document is being filed in hard copy form. The court may view such portions of the videotape recording as it deems pertinent to the objections made, or may listen to an audiotape recording. The court may order a referee to hear and determine such a special proceeding. (d) Counsel may request the courts permission to participate in court conferences and oral arguments of motions from remote locations through use of videoconferencing or other technologies. (c) For the purposes of subsection (a)(1) of this Rule, the deposition of an entity through one or more representatives shall be treated as a single deposition even though more than one person may be designated to testify on the entitys behalf. State full name, address and age of each plaintiff. The court may appoint an attorney for the infant children, or may direct the parties to file with the court, within 30 days of the conference, a list of suitable attorneys for children for selection by the court. filed Jan. 9, 1986; amd. 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. The hearing officer in a small claims sidewalk assessment review proceeding shall transmit one copy of the decision and order, by ordinary mail, to the petitioner, the Commissioner of Transportation of the City of New York or the commissioner's designee, and the assessment review clerk of the court. (b) The court may further direct, if a defendant filed a motion to dismiss and the court dismissed some but not all of the causes of action, plaintiff and counterclaim (3) The papers in each proceeding shall be kept in a separate file, as required by section 18 of the Debtor and Creditor Law. Amended (a)-(e), (h), (k). Sworn statements of net worth, except as provided in subdivision (k) of this section, exchanged and filed with the court pursuant to section 236 of the Domestic Relations Law, shall be in substantial compliance with the Statement of Net Worth form contained in appendix A of this Part. Amended (f)(1). Amended (f)(3) on Oct. 5, 2010, Added (m) on Dec. 23, 2015effective March 1, 2016, Amended 202.16 on June 13, 2022, effective effective July 1, 2022, Section 202.16-a Matrimonial Actions; Automatic Orders. In all applications for such final order and judgment of registration, the applicant or petitioner must present to the court proof by affidavit that all the provisions of the law entitling the petitioner to such final order and judgment of registration have been complied with. (h) Change in Title of Action. (a) At any time after service of process, a party may file a request for judicial intervention. (1-a) Where both parties are represented by counsel, counsel shall consult with each other prior to the preliminary conference to discuss the matters set forth in paragraph (2) below and in NYCRR 202.11 in a good faith effort to reach agreement on such matters. (3) The assignee shall promptly require the assignor, if an individual, or its officers and persons in charge of its finances, if a corporation, to pay to the assignee all trust funds withheld for accounting to any governmental authorities, together with any preferential payments paid to them or to others by the assignor. However, courtesy copies of all motion papers and proposed orders shall be submitted in cases in the court's Filing by Electronic Means System. In that circumstance, however, the producing party, upon a showing of good cause, may apply to the court for the allocation of costs, including attorneys fees, incurred with respect to preparing the document-by-document log. (m) The court may, for good cause, relieve the parties and counsel from the requirements of 22 NYCRR 202.34 regarding pre-marking of exhibits and 22 NYCRR 202.20-h. regarding pre-trial memoranda and Exhibit Books. The assignment of time or time interval, and the length of time allotted to a case is solely in the discretion of the court. Part 30 (3) Where an appraiser appraises more than one parcel in any proceeding, those parts of the separate appraisal reports for each parcel that would be repetitious may be included in one general appraisal report to which reference may be made in the separate appraisal reports. (2) Notwithstanding the foregoing, the Chief Administrator shall not eliminate the requirement of consent to participate in electronic filing in the following classes of cases: Section 202.54 Proceedings relating to appointments of guardians with respect to patients in facilities defined in the Mental Hygiene Law. The Notice shall be mailed to all parties or their attorneys, which must include mailing to the address of the property subject to the mortgage. 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