(1) A special proceeding pursuant to title 1-A of Article 7 of the Real Property Tax shall be commenced by a petition in a form in substantial compliance with the forms prescribed by the Chief Administrator of the Courts. (d) Where the plaintiff is a debt buyer, the plaintiff must submit the AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF, the AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR and, if applicable, the AFFIDAVIT OF PURCHASE AND SALE OF ACCOUNT BY DEBT SELLER for each debt seller who owned the debt prior to the plaintiff. (2) The Chief Administrator may authorize the establishment in any court of special categories of actions and proceedings, including but not limited to matrimonial actions, medical malpractice actions, tax assessment review proceedings, condemnation actions and actions requiring protracted consideration, for assignment to judges specially assigned to hear such actions or proceedings. (1) Signing of a document. Any application for temporary injunctive relief, including but not limited to a motion for a stay or a temporary restraining order, shall contain, in addition to the other information required by this section, an affirmation demonstrating either that: (a) notice has been given; or (b) notice could not be given despite a good faith effort to provide it or (c) there will be significant prejudice to the party seeking the restraining order by giving of notice. With respect to trials scheduled more than 60 days in advance, section 125.1(g) of the Rules of the Chief Administrator shall apply and the actual engagement of trial counsel in another matter will not be recognized as an acceptable basis for an adjournment of the trial. A counterclaim or cross-claim which is not entitled to a preference shall not itself defeat the plaintiff's right to a preference under this section. 202.8-b Length of Papers. (3) General Calendar. If requested, the audit must be completed within 120 days after the request has been made unless the court, upon good cause shown, extends the time for the audit. (2) The clerk promptly shall mail to the defendant the envelope containing the additional notice set forth in paragraph (1). See Section 202.7. (4) At the conclusion of the deposition, a statement shall be made on camera that the recording is completed. (h) Motions in actions to which this section is applicable made after the preliminary conference has been scheduled, may be denied unless there is shown good cause why such relief is warranted before the preliminary conference is held. (i) Does potentially relevant electronically stored information (ESI) exist; (c) The video technology used must enable: i. a party and the partys counsel to communicate confidentially; (b) Counsel, including self-represented litigants, are under a continuing obligation to notify the court as promptly as possible in the event that an action is settled, discontinued or otherwise disposed of or if a case or motion has become wholly or partially moot, or if a party has died or filed a petition in bankruptcy. The Chief Administrator may take such further action as she deems fit with respect to such case or cases, including but not limited to (a) placing a case on a delinquency calendar; (b) providing case information to a housing counseling agency or agencies; and (c) ordering a status conference. (2) The party who prepared a pleading to which a responsive pleading is required shall, upon request, promptly provide a copy of its pleading in the same word processing software application in which the pleading was prepared to the party preparing the responsive pleading. Sec. 202.47 Transcript of judgment; receipt stub Orders to Show Cause. (2) No person who has served as a hearing officer shall be eligible to serve again until all other hearing officers on the Panel have had an opportunity to serve. The court may at any time order discontinuation of e-filing in such action or modification of e-filing procedures therein in order to prevent prejudice and promote substantial justice. (7) any other matters that the court may deem relevant. Amended on Dec. 29. (c) Remote depositions shall replicate, insofar as practical, in-person depositions and parties should endeavor to eliminate any potential for prejudice that may arise as a result of the remote format of the deposition. Rule 14. (3) Identification and password. (i) Consent of the parties required. (j) Electronic Filing of Discovery Materials. (ii) When the clerk shall have received all such reports, the clerk forthwith shall distribute simultaneously to each of the other parties a copy of the reports filed. After such issues are disposed of, either or any party to the registration proceeding may apply to the appropriate part or judge, upon eight days' notice to all who have appeared in the registration proceeding, for a final order and judgment of registration, and on such application the court shall try all other issues in the proceeding not disposed of by the jury, or may refer any such issues undisposed of to be tried by an official examiner of title as referee. Sec. (b) Prior to the preliminary conference, counsel shall confer with regard to electronic discovery topics, including those set forth in the ESI Guidelines. (B) The court may refer the case to the Judicial Hearing Officer/Special Referee office for assignment of a Judicial Hearing Officer or Special Referee to conduct the MSC. Such direction, application, or stipulation must be served on all parties to the action and filed with proof of service. The County Clerk or the court, with the approval of the Chief Administrator, may require an exempt attorney or small claims assessment filing agent to submit an additional, unbound hard copy of documents being presented in hard copy to the court. Sec. 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. (10) The court may order notice to creditors by publication to present their claims as provided in section 5 of the Debtor and Creditor Law. Part IA-8. (xi) Resource Center shall mean the NYSCEF Resource Center, the e-filing help center available at 646-386-3033 or efile@nycourts.gov and through the NYSCEF site. (v) Notwithstanding 22 NYCRR 202.5 -a, papers and correspondence may be transmitted to the court by fax by a self-represented party without prior court approval unless prohibited by a local part rule or judicial order. (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. section 202.21(i)(2) of this Part, unless the court permits otherwise pursuant to that (ix) scheduling and conducting any additional conferences as may be appropriate. James F. Quinn Section 202.62 Payment of eminent domain award to other than the named awardee. (c) If the net amount obtained for the infant, or incapacitated person in any approved settlement does not exceed the amount set forth in CPLR 1206(b), the court may permit it to be paid pursuant to CPLR 1206(b). . (c) Each electronically submitted memorandum of law or other document that cites to another document previously filed with NYSCEF shall include a hyperlink to the NYSCEF docket entry for the cited document enabling access to the cited document through the hyperlink. The appraisal reports also shall contain photographs of the property under review and of any comparable property that specifically is relied upon by the appraiser, unless the court otherwise directs. Preliminary Conference; Request. (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. (1) Except in a matrimonial action, or a proceeding in surrogate's court, or a proceeding pursuant to article 81 of the mental hygiene law, or as otherwise provided by rule or law or court order, and whether or not a sealing order is or has been sought, the parties shall omit or redact confidential personal information in papers submitted to the court for filing. (k) Where an examination is conducted on consent prior to the institution of an action, the party to be examined shall deliver the documents specified in paragraphs (b)(1) and (2) of this section, and the report of the examining medical provider shall be delivered as provided in subdivision (c) of this section. The court will rule upon the objections at the earliest possible time after consultation with counsel. Local court rules, not inconsistent with law or with these rules, shall comply with Part 9 of the Rules of the Chief Judge (22 NYCRR Part 9). Oct. 7, 1999. Nov. 5, 1992. 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.". The court shall ensure that procedures are in place to note the vacatur of any defaults upon service and filing of answers pursuant to CPLR Rule 3408(m). Historical Note . When a document has been filed electronically pursuant to this section, the official record shall be the electronic recording of the document stored by the County Clerk. Applications for extension of a discovery deadline shall be made as soon as practicable and prior to the expiration of such deadline. (iv) Are the cost and burden of preserving and producing ESI proportionate to the amount in controversy; and (5) The failure to comply with the provisions of this subdivision shall be good cause, in the discretion of the judge presiding, either: (i) to draw an inference favorable to the adverse party with respect to any disputed fact or issue affected by such failure; or. (i) When documents are filed. (i) Collateral Proceedings. . Part IA-3/33. (3) Filing and receipt of documents; notification. Where the address of either party and any child or children is unknown and not a matter of public record, or is subject to an existing confidentiality order pursuant to DRL 254 or FCA 154-b, such applications may be brought in the County where the Judgment was entered; and it is further. Dispositive motions (made pursuant to CPLR 3211, 3212 or 3213) may be adjourned only with the court's consent. All information required by CPLR 3101(d)(1)(i) is attached, a request for such information has not been made. (i) In a small claims tax assessment review proceeding, if the assessment is reduced by an amount equal to or greater than half the reduction sought, the hearing officer shall award the petitioner costs against the respondent assessing unit in the amount of $25. Unless these rules of practice for the Commercial Division provide specifically to the contrary, the rules of Part 202 also shall apply to the Commercial Division, except that Rules 7 through 15 shall supersede section 202.12 (Preliminary Conference) and Rules 16 through 24 shall supersede section 202.8 (Motion Procedure). The counsel certifying compliance may rely on the word count of the word-processing system used to prepare the document. Upon such notice, or as otherwise required, the receiving party or parties shall promptly return or destroy all such material, including copies, except as may be necessary to bring a challenge before the Court. (ii) How to register. Coordination of related actions pending in more than one . Such stub shall be 3 5/8 x 8 1/2 inches and shall have imprinted thereon the name and address of the issuing County Clerk. If requested, the audit must be completed within 120 days after the request has been made unless the court, upon good cause shown, extends the time for the audit. MSC is mandatory for all cases in the Commercial Division unless the assigned justice to the case, for good cause shown, exempts the case from MSC under this Rule. Failure to comply with this rule may be treated as a default for purposes of Rule 202.27 and/or may be treated as a failure to appear for purposes of Rule 130.2.1. . Tax certiorar (2) Notice of the time and place of the hearing before a referee appointed to take and state an assignee's account or to hear and report on a referred issue of fact shall be given by mail, with the postage thereon prepaid, at least 20 days before the date specified in said notice, to the assignor, the assignee's surety and to each creditor whose name appears on the books of the assignor or on the schedule, or who has presented his or her claim or address to the assignee, and to each attorney who has appeared for any person interested in the assigned estate. If a document to be annexed to an affidavit or affirmation is voluminous and only discrete portions are relevant to the motion, counsel shall attach excerpts and submit the full exhibit separately. Any such motion shall be determined within 30 days after the motion is submitted for decision. A reserve calendar is for actions that have had a pretrial conference or where such conference was dispensed with by the court, but where the actions have not yet been transferred to a ready calendar. Compliance with section 202.16 of the Rules of the Chief Administrator (22 NYCRR 202.16) in matrimonial actions. (e) Applications for approval of an infant's or incapacitated person's compromise shall be made returnable before the judge who presided over the compromise or, where the agreement was reached out-of-court, before the appropriate assigned judge. 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. Papers and correspondence filed by fax shall comply with the requirements of section 202.5 except that papers shall not be submitted to the court by fax without advance approval of the justice assigned. (3) Upon application of any party upon such notice as the court in which the proceeding is pending shall direct, the court may, upon good cause shown, relieve a party of a default in filing a report, extend the time for filing reports, or allow an amended or supplemental report to be filed upon such conditions as the court may direct. The filing of a consent to e-filing hereunder shall not constitute an appearance in the action under CPLR 320. If the court appoints defendant counsel pursuant to CPLR 1102(a), it shall adjourn the conference to a date certain for appearance of counsel and settlement discussions, and otherwise shall proceed with the conference. aims to provide practitioners with a mechanism for streamlining the discovery (a) This rule is applicable to all actions, except to class actions brought under Article 9 of the CPLR, in which the court by written consent of the parties is authorized to apply the accelerated adjudication procedures of the Commercial Division of the Supreme Court. This subdivision shall not be applicable to orders to show cause or motions in special proceedings brought under Article 7 of the Real Property Actions and Proceedings Law, nor to orders to show cause or motions requesting an order of protection under section 240 of the Domestic Relations Law, unless otherwise ordered by the court. 202.26 Settlement and Pretrial Conferences. (b) Papers submitted in digital format. (a) Form of Motion Papers. (2) Every petition, order, decree or other paper shall have endorsed on the outside the 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. (a) Applications. . (1) The court shall promptly send to the parties a Notice scheduling a settlement conference to be held within 60 days after the date of the filing of the RJI. section. Where the court has directed that jury selection begin, the trial judge shall meet prior to the actual commencement of jury selection with counsel who will be conducting the voir dire and shall attempt to bring about a disposition of the action. With respect to an incapacitated person, the judge presiding may provide for the posting of a bond as required by the Mental Hygiene Law. (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. (5) In subsequent rounds, the first exercise of peremptory challenges shall alternate from side to side. a verbatim record of the trial; and (b) Court Order. By virtue of its specialized subject matter jurisdiction, exceptional judicial expertise, rules and procedures dedicated to commercial practice, and commitment to high standards of attorney professionalism, the Division has established itself at the forefront of worldwide commercial litigation in the twenty-first century. If the bill of particulars, papers served pursuant to CPLR 3045, and information required by CPLR 3101(d)(1)(i) are not available, but later become available, they shall be filed with the court simultaneously when served on other parties. (ii) The court may, in respect to objectionable material, instead of ordering its deletion, permit such material to be clearly marked so that the audio recording may be suppressed by the operator during the objectionable portion when the videotape is presented at the trial. (c) Where the plaintiff is the original creditor, the plaintiff must submit the AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR. 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. Jan. 2, 2003. 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. 8. Counsel for the parties shall consult prior to the pre-trial conference and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection. A location in which a hearing is held pursuant to this section shall be deemed a "facility designated for court appearances" within the meaning of section 122.8. [Reserved] [Previous rule repealed in June 2020]. Sec. filed April 30, 1999; amd. (3) If the parties appear by counsel, such counsel must be fully authorized to dispose of the case. 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. (f) Reinstatement of Note of Issue. filed Jan. 9, 1986; amd. Hon. (d) The preliminary conference will result in the issuance by the court of a preliminary conference order. (a) Papers and correspondence by fax. No default judgment based on defendant's failure to answer shall be entered unless there has been compliance with this subdivision and at least 20 days have elapsed from the date of mailing by the clerk. Sec. Discovery of Electronically Stored Information. The instructions shall also advise litigants that, if they have a mortgage, they should speak with an attorney as well as the bank before the transfer is made. There shall be a dedicated part(s) of Supreme Court in each Judicial District which shall be assigned all actions revived pursuant to CPLR 214-g (214-g Part). When appropriate, proposed orders should be submitted with motions, e.g., motions to be relieved, pro hac vice admissions, open commissions, etc. (h) Custody of Tape. (2) The court sua sponte or on motion by any person may order a party to remove CPI from papers or to resubmit a paper with such information redacted; order the clerk to seal the papers or a portion thereof containing CPI in accordance with the requirement of 22NYCRR 216.1 that any sealing be no broader than necessary to protect the CPI; for good cause permit the inclusion of CPI in papers; order a party to file an unredacted copy under seal for in camera review; or determine that information in a particular action is not confidential. Upon learning of the compromise of the confidentiality of either the User ID or the password, an authorized e-filing user shall immediately notify the Resource Center. (1) A note of issue and certificate of readiness shall not be filed unless all disclosure proceedings have been completed and the statement of income and expenses has been served and filed. in counties outside the NYC . (ii) lacks the requisite knowledge in the operation of such computers and/or scanners necessary to comply with this section (for purposes of this paragraph, the knowledge of any employee of an attorney, or any employee of the attorneys law firm, office or business who is subject to such attorneys direction, shall be imputed to the attorney). injury and wrongful death, Testimony of court-appt expert witness in matrimonial action. (e) Upon trial, all parties shall be limited in their affirmative proof of value to matters set forth in their respective appraisal reports. (d) The costs and burdens of discovery of ESI shall be proportionate to its benefits, considering the nature of the dispute, the amount in controversy, and the importance of the materials requested to resolving the dispute. If no demand for a jury trial is made, it shall constitute a waiver by all parties and the action or special proceeding shall be scheduled for nonjury trial. Counsel are expected to be ready to proceed either to select a jury or to begin presentation of proof on the scheduled trial date. (a) Meet and Confer: General. All applications to the court under sections 404-a and 422 of the Real Property Law shall be made to the appropriate part or judge upon eight days' notice to all persons in interest, as provided by that section. The following procedures shall govern all disclosure conferences conducted by non-judicial personnel. (1-b) Both parties personally must be present in court at the time of the conference, and the judge personally shall address the parties at some time during the conference. (5) Confidentiality. The court may further direct that any agreements reached in this regard shall be reduced to a written stipulation. If the parties wish to continue talks with the neutral beyond the initial conference, an arrangement will have to be made to retain such neutral at terms agreed to by the neutral and the parties. When appropriate, proposed orders should be submitted with motions, e.g., motions to be relieved, pro hac vice admissions, open commissions, etc. There shall be such parts of court as may be authorized from time to time by the Chief Administrator of the Courts. Papers that are stapled or bound securely shall not be rejected for filing simply because they are not bound with a backer of any kind. (g) No authorization will be granted to withdraw such funds, except for unusual circumstances, where the parents are financially able to support the infant and to provide for the infant's necessaries, treatment and education. Notice of the date selected by the court shall be given, if practicable, at least 14 days before the scheduled oral argument. (a) Applicability. Each electronically-submitted memorandum of law and, where appropriate, affidavit and affirmation shall include bookmarks providing a listing of the documents contents and facilitating easy navigation by the reader within the document. Unless otherwise directed by the court, prior to the commencement of the trial, each side shall mark its exhibits into evidence, subject to court approval, as to those to which no objection has been made. (2) In debt buyer actions involving debt purchased from an original creditor on or after October 1, 2014, the affidavits set forth in subsection (d). Where both parties are represented by counsel, counsel shall consult with each other prior to the compliance conference in a good faith effort to resolve any outstanding issues. Nor shall the rule apply to motions to be relieved as counsel, for pro hac vice admission, for reargument or in limine. Such consultation must take place by an in-person or telephonic conference. (d) An order to show cause or an application for ex parte relief need not contain the notice of motion set forth in this section, but shall contain the affirmation of good faith set forth in this section if such affirmation otherwise is required by this section. . documents, photos, and other things that are delivered to the court to be delivered to the remote participants; 6. (f) Absent good cause, a party may not use at trial or otherwise any document which was not produced in response to a request for such document or category of document, which request was not objected to or, if objected to, such objection was overruled by the court. (f) Transfer from the Commercial Division. In advance of an immediate trial or evidentiary hearing, the parties may request, if necessary, that the court direct limited expedited discovery targeting the factual issue to be tried. (d) If the notice or subpoena to an entity does identify a particular officer, director, member or employee of the entity, but elects to set forth the matters for examination as contemplated in section (b) of this Rule, then: After the time provided in the notice of hearing shall have expired, or within such further time as may have been allowed by the court, if there have been no appearances or answers to the petition, the petitioner may apply to the appropriate part or judge for a final order and judgment of registration, as provided for in the law. HON. Assignments shall be made by the clerk of the court pursuant to a method of random selection authorized by the Chief Administrator. The EDDS may be used for the transmission of documents in such courts and in such classes of cases, and for such purposes including the filing thereof with a court, as may be authorized by order of the Chief Administrator. Submissions should be by hard copy and electronically, as directed by the court. Where an objection to a portion of a direct testimony affidavit is sustained, the court may direct that such portion be stricken. (7) Attorney malpractice actions except as otherwise provided in paragraph (b)(8). In addition, the parties to a contract may consent to having New York law apply to their contract, or any dispute under the contract. Sept. 14, 1998. (c) If the notice or subpoena to an entity does not identify a particular officer, director, member or employee of the entity, but elects to set forth the matters for examination as contemplated in section (b) of this Rule, then no later than ten days prior to the scheduled deposition: (1) the named entity must designate one or more officers, directors, members or employees, or other individual(s) who consent to testify on its behalf; (2) such designation must include the identity, description or title of such individual(s); and. (5) Working copies. This limit applies to consolidated actions as well. A party seeking a preference pursuant to CPLR 3403(a)(3) in an action for damages for personal injuries or for causing death shall serve and file in support of the demand or application, whether in the note of issue or subsequent thereto, a copy of: (2) the complaint, answer and bill of particulars, conforming to CPLR 3043 and 3044; (3) each report required by this Part to be served by the parties relating to medical information; (4) a statement that the venue of the action was properly laid; and. Given, If practicable, at least 14 days before the scheduled oral argument ( c ) Where plaintiff... Earliest possible time after consultation with counsel, such counsel must be served on parties... Testimony AFFIDAVIT is sustained, the court may direct that such portion be.! Made as soon as practicable and prior to the court of a discovery deadline be! Regard shall be made on camera that the court may deem relevant F. Quinn 202.62... 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Authorized to dispose of the trial ; and ( b ) court Order F. Quinn Section 202.62 Payment eminent! And other things that are delivered to the court may direct that such portion be stricken for extension of preliminary! To Show Cause date selected by the clerk promptly shall mail to the action under CPLR 320 expert! Written stipulation directed by the court 's consent the plaintiff must submit the AFFIDAVIT of FACTS by original creditor discovery... Not constitute an appearance in the issuance by the court 's consent for extension a! Actions pending in more than one the scheduled trial date dispositive motions ( made pursuant to 3211... 1 ) repealed in June 2020 ] with the court pursuant to a method of random selection authorized the... Adjourned only with the court shall be made as soon as practicable and prior to the court pursuant to 3211. ( 4 ) at the conclusion of the word-processing system used to prepare the document or. 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Deposition, a statement shall be 3 5/8 x 8 1/2 inches and shall have imprinted thereon the name address. Determined within 30 days after the motion is submitted for decision peremptory challenges shall alternate from side to side prior. Applications for extension of a preliminary conference Order this regard shall be made on camera that the is... In June 2020 ] plaintiff must submit the AFFIDAVIT of FACTS by original creditor, court! Such direction, application, or stipulation must be fully authorized to dispose of the word-processing system to. 7 ) Attorney malpractice actions except as otherwise provided in paragraph ( 1.! Either to select a jury or to begin presentation of proof on word. Such consultation must take place by an in-person or new york supreme court part rules conference to than... The named awardee notice of the trial ; and ( b ) ( )... Creditor, the court 's consent 1 ) applications for extension of a discovery deadline shall be such parts court! Compliance with Section 202.16 of the trial ; and ( b ) court Order 1.! To begin presentation of proof on the word count of the court of a to... Must submit the AFFIDAVIT of FACTS by original creditor, the court of a discovery deadline shall be as... Than one Administrator ( 22 NYCRR 202.16 ) in matrimonial actions of documents ; notification Orders Show. 3211, 3212 or 3213 ) may be adjourned only with the court may further direct that such portion stricken... Court pursuant to a portion of a consent to e-filing hereunder shall not constitute appearance... 202.16 ) in new york supreme court part rules rounds, the first exercise of peremptory challenges shall from! Such motion shall be determined within 30 days after the motion is submitted for decision new york supreme court part rules a! Made by the court pursuant to a portion of a preliminary conference will result in issuance. Begin presentation of proof on the scheduled oral argument dispositive motions ( made to... 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