(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. [Reserved] [Previous rule repealed in June 2020]. (g) Procedures for questioning, challenging and selecting jurors authorized by section 202.33 of the Rules of the Chief Administrator of the Courts. (d) In opening to the jury on the liability phase of the trial, counsel may not discuss the question of damages. At the commencement of the trial or at such time as the court may direct, each party shall identify in writing for the court the witnesses it intends to call, the order in which they shall testify and the estimated length of their testimony, and shall provide a copy of such witness list to opposing counsel. A court may deny or modify disproportionate requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final judgment. Section 202.20-e Adherence to Discovery Schedule. Telephone number: _______________________________ Added (f) & (g) on Dec. 29. The parties need not reveal the terms of a settlement, but must notify the court that a resolution has been reached and that both sides have agreed to discontinue the case. filed Jan. 9, 1986; amds. (6) At the commencement of the trial or at such time as the court may direct, each party shall identify in writing for the court the witnesses it intends to call, the order in which they shall testify and the estimated length of their testimony, and shall provide a copy of such witness list to opposing counsel. Notwithstanding any other provision of this section, and subject to such guidelines as may be established by the Chief Administrator, the County Clerk or his or her designee may require or permit a party to file in hard copy, in accordance with procedures set by the County Clerk or designee, an exhibit or other document which it is impractical or inconvenient to file electronically. WebNEW YORK COUNTY LAWYERS ASSOCIATION COMMITTEE ON THE SUPREME COURTS COMMENTS ON AMENDMENTS TO THE COMMERCIAL DIVISION RULES . A single memorandum of no more than 7,000 words shall be submitted by each side. The respondent may also include additional paragraphs containing a separate short and concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried. (1) A pretrial conference shall be held within 180 days of the filing of the Note of Issue. Counsel must attach copies of all pleadings and other documents as required by the CPLR and as necessary for an informed decision on the motion (especially on motions pursuant to CPLR 3211 and 3212). (1) Mandatory commencement in general. 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. If service is made in hard copy by any such method and a copy of the order or judgment and notice of its entry and proof of such hard copy service are thereafter filed with the NYSCEF site, transmission by NYSCEF of notification of receipt of those documents shall not constitute additional service of the notice of entry on the parties to whom the notification is sent. (b) Service. . Uniform Civil Rules for the District Courts Part 214. (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. The parties may extend or modify the protections and duties of this provision by written agreement, as provided in Rule 11-g(c), which shall be submitted to the Court to be ordered. (b) Application for Final Order and Judgment of Registration. (2) Judicial hearing officers appointed to hear proceedings pursuant to this section shall receive compensation as provided in section 122.8 of the rules of the Chief Administrator, or such other compensation as the Chief Administrator may direct. Such rules have addressed a wide range of matters such as proportionality in discovery, optional accelerated adjudication, robust expert disclosure, limits on depositions and interrogatories, streamlined privilege logs, special rules concerning entity depositions, model forms to facilitate discovery, expedited resolution of discovery disputes, simplification of bench trials, time limits on all trials, streamlined presentation of evidence at trials, and a strong commitment to early case disposition through the Divisions alternative dispute resolution program. (b) The judge may hear and determine the proceeding or assign it to a referee for hearing or decision, and such proceedings shall have preference over all other business of the part to which it is assigned or before the judge to whom it is assigned. Amended (g). OR Counsel may exercise challenges for cause at this time. Contingent liabilities shall appear on a separate sheet of paper. Counsel shall separately identify for the court only a list of the witnesses who may becalled solely for rebuttal or with regard to credibility. Sec. . 2020, effective February 1, 2021. (a) Every receiver or assignee who, as such, receives any funds shall promptly deposit them in a checking account or in an interest-bearing account, as determined by the court, in a bank or trust company designated by the court. (a) Where prepared by use of a computer, unless otherwise permitted by the court: (i) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7.000 words each: (ii) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief. Amended (a). (c) Where all parties file a written consent to the entry of a judgment or order, it may be presented at a motion part for consideration by the court. (5) In accordance with Section 202.20-c(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, provided, however, the court may exercise its discretion to impose such other, further, or additional penalty for non-disclosure as may be authorized by law and which may be more appropriate in a matrimonial action than preclusion or where there is a continuing obligation to update (e.g., updated tax returns, W-2 statements, etc.). If all parties sign the form and return it to the court before the return date of the motion, such form shall be "so ordered" by the court, and the motion shall be deemed withdrawn. Where a cross-motion is made, reply affidavits, affirmations, briefs or memoranda of the party who made the principal motion shall be limited to 4,200 words when prepared by use of a computer or to 10 pages when typewritten or handwritten. In the First and Second Judicial Departments, appointments shall be made as appropriate from a panel of mental health professionals pursuant to 22 NYCRR Parts 623 and 680. Parties which use these sample provisions must satisfy all jurisdictional, procedural, and other requirements of the courts specified in the provisions. Historical Note (o) Omission or Redaction of Confidential Personal Information from Matrimonial Decisions. Rule 9-a. A party shall serve notice of entry of an order or judgment on another party by serving a copy of the order or judgment and written notice of its entry. 202.7 Calendaring of motions; uniform notice of motion form; . The neutral shall determine whether a submission should be provided to the neutral and the service thereof. Upon receipt of such transmission, the site shall generate and record the completed petition in proper form in portable document format. At the discretion of the judge, the limits established may consist of a general period for the completion of the questioning, a period after which attorneys shall report back to the judge on the progress of the voir dire, and/or specific time periods for the questioning of Panels of jurors or individual jurors. In an as-applied case in New York state, the New York Supreme Court (which, confusingly, is not the states highest court, thats the Court of Appeals) ruled that the 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. filed Feb. 16, 1988 eff. Witnesses are to be scheduled so that trials proceed without interruption. filed Jan. 9, 1986; amds. in counties outside the NYC . (2) At the preliminary conference, the court shall designate the track to which the case shall be assigned in accordance with the following: (i) Expedited--discovery to be completed within eight months; (ii) Standard--discovery to be completed within 12 months; and. The court shall consider the pro se status of any party in granting relief pursuant to this provision. (4) Exemptions from MSC. Unless the court otherwise provides, where the attorney of record for any party arranges for another attorney to conduct the trial, the trial counsel must be identified in writing to the court and all parties no later than 15 days after the pretrial conference or, if there is no pretrial conference, at least 10 days before trial. APPENDIX C. COMMERCIAL DIVISION SAMPLE CHOICE OF FORUM CLAUSES. Section 202.48 Submission of orders, judgments and decrees for signature. Amended (a)(1). (7) Where a hearing has been held, no transcript of testimony shall be required as a condition precedent to the signing of the judgment, unless the judge or referee presiding shall so direct. Sec. (3) the time and manner of the filing of the written transcript of the record of all prior proceedings shall be determined by the Appellate Division to which the proceeding is transferred. (4) Form and content of petition. Where a side consists of multiple parties, commencement of the exercise of peremptory challenges in subsequent rounds shall rotate among the parties within the side. the date of an individual's birth, except the year thereof; iii. (2) Motion Calendar. (b) In order for the court to be able to address any and all matters of concern to the court and in order for the court to avoid the appearance of holding ex parte communications with one or more parties in the case, even those parties who believe that they are not directly involved in the matter before the court must appear at the appointed date and time assigned by the court unless specifically excused by the court. All other parties shall serve copies of the reports of their medical providers within 45 days thereafter. Historical Note John B. Collins While this rule is intended to streamline the litigation process, it will be ineffectual without the cooperation and participation of litigants. Additionally, counsel for all parties may stipulate to having the case determined by a summary jury trial pursuant to any applicable local rules or, in the absence of a controlling local rule, with permission of the court. A party who has not consented to participation shall file documents with the court and the County Clerk, and serve and be served with documents, in hard copy. (1) pursuant to CPLR 3106(d), the named entity shall produce the individual so designated unless it shall have, no later than ten days prior to the scheduled deposition, notified the requesting party that another individual would instead be produced and the identity, description or title of such individual is specified. It is the responsibility of each filing user to monitor that address and promptly notify the Resource Center in the event of a change in his or her e-mail service address. Historical Note Petitions for the registration of titles to land made pursuant to Article 12 of the Real Property Law shall be made to the Supreme Court in the county where the land or portion thereof affected by the petition is situated. A sample choice of law provision can be found at Appendix D to these Rules of the Commercial Division. Unless otherwise ordered by the court, whenever a trial by jury is demanded on less than all issues of fact in an action, and such issues as to which a trial by jury is demanded have been specified in the note of issue or in the jury demand, as the case may be, served and filed pursuant to section 202.21 of this Part, the court without a jury first shall try all issues of fact as to which a trial by jury is not demanded. Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of the relevant law. No person who is appointed a hearing officer shall, in any public advertisement published or distributed to advance such person's business or professional interests, refer to his or her status as a hearing officer. Oct. 7, 1999. Part 30 To express their consent to the exclusive jurisdiction of the Commercial Division, parties may include specific language in their contract, such as: "THE PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL DIVISION, NEW YORK STATE SUPREME COURT, WHICH SHALL HEAR ANY DISPUTE, CLAIM OR CONTROVERSY ARISING IN CONNECTION WITH OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO THE VALIDITY, BREACH, ENFORCEMENT OR TERMINATION THEREOF. Unless otherwise directed in the Courts individual part rules, plaintiffs exhibits shall be tabbed numerically, and defendants exhibits shall be tabbed alphabetically. (vii) limiting issues and recording stipulations of counsel. Forms shall be available at no cost at each County Clerk's office. Responses and Objections to Document Requests. 202.20-d Depositions of Entities; Identification of Matters. (j) Electronic Filing of Discovery Materials. Part IA-11. (a) Applicability. This section shall apply to such categories of cases designated by the Chief Administrator of the Courts as being subject to differentiated case management, and shall be implemented in such counties, courts or parts of courts as designated by the Chief Administrator. If the deposition requires the use of more than one tape, the end of each tape and the beginning of each succeeding tape shall be announced by the operator. The ESI Guidelines are advisory and should be applied to the extent appropriate under the circumstances. Address: NOTE: The clerk will not accept this note of issue unless accompanied by a certificate of readiness. (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). (7) All motions, other than motions addressing compliance with CPLR Rule 3408 or this rule, shall be held in abeyance while settlement conferences are being held pursuant to this section. (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. Granting relief pursuant to this provision: _______________________________ Added ( f ) & ( g ) Dec.. Rebuttal or with regard to credibility than 7,000 words shall be submitted by each side 's,. This Note of Issue Part 214 uniform Civil Rules for the District Courts 214... The circumstances Note: the Clerk will not accept this Note of Issue uniform Civil Rules the! ) Omission or Redaction of Confidential Personal Information from Matrimonial Decisions AMENDMENTS the. Personal Information from Matrimonial Decisions sheet of paper District Courts Part 214 service. 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