new york supreme court part rules
A party may not charge, impose or otherwise require payment from the other party for any cost, including but not limited to attorneys' fees, for appearance at or participation in the settlement conference. (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. (a) Additional mailing of notice on an action arising from a consumer credit transaction. Further, counsel for all parties who appear at the preliminary conference must be sufficiently versed in matters relating to their clients' technological systems to discuss competently all issues relating to electronic discovery: counsel may bring a client representative or outside expert to assist in such e-discovery discussions. (iii) The paper sought to be filed with the County Clerk is filed in the wrong court; The paragraphs contained in Chapter III, Subchapter B of Subtitle D (Forms) of this Title, modified or deleted as may be necessary to conform to the law and facts in a particular action, shall be used in the preparation of " FINDINGS OF FACT AND CONCLUSIONS OF LAW," "JUDGMENT," or "REFEREE'S REPORT OF FINDINGS OF FACT AND CONCLUSIONS OF LAW." Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits of a motion are not permitted, except that counsel may inform the court by letter of the citation of any post-submission court decision that is relevant to the pending issues, but there shall be no additional argument. Affidavits may be augmented to provide explanatory details, and supplemental affidavits may be filed for the same purpose. (5) Parties and non-parties should adhere to the Electronically Store Information (ESI) Guidelines set forth in an Appendix to the Uniform Civil Rules. Section 202.58 Small claims tax assessment review proceedings; small claims sidewalk assessment review proceedings; special rules. April 1, 1988. (i) When documents are filed. An attorney may exercise a second, single peremptory challenge within the round only after all other attorneys have either exercised or waived their first peremptory challenges. (a) Meet and Confer: General. The waiver, which shall recite that medical reports have been exchanged and that all parties waive further physical examination, shall be filed with the note of issue. If sales, leases or other transactions involving comparable properties are to be relied on, they shall be set forth with sufficient particularity as to permit the transaction to be readily identified, and the report shall contain a clear and concise statement of every fact that a party will seek to prove in relation to those comparable properties. Disclosure Disputes. (b) If a party seeks documents as a condition precedent to a deposition and the documents are not produced by the date fixed, the party seeking disclosure may ask the court to preclude the non-producing party from introducing such demanded documents at trial. (3) A hearing officer shall disqualify himself or herself from hearing a matter where a conflict exists as defined by the Public Officers Law or, with respect to small claims tax assessment review hearing officers, by subdivision 2 of section 731 of the Real Property Tax Law. Sec. The US Supreme Court is the highest court in the land, meaning it has authority over all other courts within the United States. As there is no court in the United States with more authority than the US Supreme Court, a Supreme Court ruling cannot be overturned by any other court, though the Supreme Court can overturn its own rulings. Part 29 (b) Applicability. (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. In complex matters likely to raise significant issues regarding privileged and protected material, parties are encouraged to hire a Special Master to help the parties efficiently generate privilege logs, with costs to be shared. 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. (b) Where a bifurcated trial is ordered, the issues of liability and damages shall be severed and the issue of liability shall be tried first, unless the court orders otherwise. (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. (4) Exemptions from MSC. (e) Copies and Transcription. (2) No discharge shall be granted an assignee and his or her sureties in any case, whether or not the creditors have been paid, or have released, or have entered into composition, except in a regular proceeding for an accounting under the applicable provisions of the Debtor and Creditor Law, commenced by petition, and after due and timely notice thereof to all persons interested in the estate. (2) Authority. Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection. For good cause shown, and in the interests of justice, the court in an action or proceeding may waive compliance with any of the rules in this Part, other than sections 202.2 and 202.3, unless prohibited from doing so by statute or by a rule of the Chief Judge. Any such motion shall be determined within 30 days after the motion is submitted for decision. 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. However, the 20-day time limitation to make such motion shall not apply to tax assessment review proceedings. Section 202.57 Judicial review of orders of the State Division of Human Rights; procedure. A motion calendar is for the hearing of motions. 202.8-a Motion in General. The print size of footnotes shall be no smaller than 10 point. This shall not be a bar, however, to proceeding under subdivision (g) of this section in a proper case. Default Judgment and Judgment of Foreclosure and Sale (1) Submissions pursuant to e-filing procedures shall have the same copyright, confidentiality and proprietary rights as paper documents. . Upon completion of jury selection, or upon removal of a prospective juror, the questionnaires shall be either returned to the respective jurors or collected and discarded by court staff in a manner that ensures juror privacy. 202.44 Motion to confirm or reject judicial hearing officer' s report . (iii) Emergency exception; other hard copy filings. A copy of any demand for arbitration, election of arbitration or concession of liability is attached. (1) No discharge shall be granted an assignee who has not advertised for claims pursuant to section 5 of the Debtor and Creditor Law and the applicable provisions of this section. contested, shall include language substantially in accordance with the following decretal The timeframes must be complied with unless otherwise shortened or extended by the court depending upon the circumstances of the case. (f) The court may, upon oral or letter application on notice to all parties permit the submission of affidavits, affirmations, briefs or memoranda which exceed the limitations set forth above. Hon. (a) The court may direct that counsel submit pre-trial memoranda at the pre-trial conference, or such other time as the court may set. (k) The provisions of this section shall apply to preliminary conferences required in matrimonial actions and actions based upon a separation agreement, in medical malpractice actions, and in real property tax assessment review proceedings within the City of New York, only to the extent that these provisions are not inconsistent with the provisions of sections 202.16, 202.56 and 202.60 of this Part, respectively. No action or special proceeding shall be deemed ready for trial or inquest unless there is first filed a note of issue accompanied by a certificate of readiness, with proof of service on all parties entitled to notice, in the form prescribed by this section. (g) A party may move to advance the date of a preliminary conference upon a showing of special circumstances. In such case the proponent may cause both the original videotape recording and a marked version of that recording, each clearly identified, to be filed with the clerk of the trial court, and shall do so at the request of any party. (e) In the event that the proponent of a motion for summary judgment fails to provide a statement of undisputed facts though required to do so, the court may order compliance and adjourn the motion, may deny the motion without prejudice to renewal upon compliance, or may take such other action as may be just and appropriate. documents, photos, and other things that are delivered to the court to be delivered to the remote participants; (7) Attorney malpractice actions except as otherwise provided in paragraph (b)(8). Compliance with section 202.16 of the Rules of the Chief Administrator (22 NYCRR 202.16) in matrimonial actions. Deputy Chief Administrative Judge for Courts Within New York City Part 20 111 Centre Street, New York, NY 10013 These calendars may include: (1) Preliminary Conference Calendar. Direct Testimony by Affidavit. (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. This sample provision is not intended to modify governing case law or to replace any parts of the Commercial Division Rules, the Uniform Civil Rules, the CPLR, or any other applicable rules or regulations. If an order be made approving the application, the order shall provide that all such charges for doctors and hospitals shall be paid from the proceeds, if any, received by the parent, guardian, or other person, in settlement of any action or claim for the loss of the infant's, or incapacitated person's services; provided, 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. 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