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and expenses on the property for each tax year under review. 202.37 Scheduling Witnesses [Reserved] [Previous rule repealed in June 2020]. Part 40 The e-mail service address recorded at the time of registration is the e-mail address at which service of interlocutory documents on that party may be made through notification transmitted by the NYSCEF site. (g) On the face of all notices of motion and orders to show cause, there shall be a statement that there has been compliance with this rule. March 13, 1987. 202.68 Proceedings Involving Custody of an Indian Child Rule 9. of triable issues and proceedings to judicial hearing . (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. The County Clerk may require the parties to furnish previously filed hard copy documents in electronic form. Notwithstanding the foregoing, in an action for custody, visitation, contempt, order of protection or exclusive occupancy, however, except as provided in NYCRR 202.18, a party or a partys own witness may not testify on direct examination by affidavit. Section 202.10 Appearance at Conferences. filed: March 25, 1987; March 30, 1988; Feb. 13, 1989; April 30, 1999; July 26, 1999 eff. Sec. 202.27 Defaults 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. Where unusual or unanticipated circumstances develop subsequent to the filing of a note of issue and certificate of readiness which require additional pretrial proceedings to prevent substantial prejudice, the court, upon motion supported by affidavit, may grant permission to conduct such necessary proceedings. The parties shall confer, at the outset of discovery and as needed throughout the discovery period, about technology-assisted review mechanisms they propose to use in document review and production. A copy of any demand for arbitration, election of arbitration or concession of liability is attached. 202.65 Registration of title to real property; sales of real estate . In addition to complying with the provisions of CPLR 2101, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and if typewritten, shall have at least double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins. Deputy Chief Administrative Judge for Courts Within New York City Part 20 111 Centre Street, New York, NY 10013 The court also may direct that a list of expert witnesses be filed with the court within 30 days of the conference from which the court may select a neutral expert to assist the court. 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. (i) Consent of the parties required. However, the 20-day time limitation to make such motion shall not apply to tax assessment review proceedings. (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. The failure of counsel to comply with this rule may result in the motion being held in abeyance until the court has an opportunity to conference the matter. Absent advance permission, reply papers shall not be submitted on orders to show cause. Where the requested charge is from the New York Pattern Jury Instructions - Civil, a reference to the PJI number will suffice. Consolidation or joint trial of real property tax assessment review proceedings in the discretion of the court shall be conditioned upon service having been made of the verified or certified income and expense statement, or a statement that the property is not income-producing, for each of the tax years under review. (a) The settlement of an action or claim by an infant or judicially declared incapacitated person (including an incompetent or conservatee) shall comply with CPLR 1207 and 1208 and, in the case of an infant, with section 474 of the Judiciary Law. Historical Note 202.10 Appearance at Conferences The parties preferences would ordinarily be given presumptive weight. (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. 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. (4) During the voir dire each attorney may state generally the contentions of his or her client, and identify the parties, attorneys and the witnesses likely to be called. Tax assess. We hear All e- filed documents shall comply with the technical requirements set forth at the NYSCEF site. If timely notification has been so given, such other individual shall instead be produced; 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. 202.9-a Special proceedings authorized by subsection (d) of section 9-518 . (e) In the event of a plaintiff's verdict on the issue of liability or a defendant's verdict on the issue of liability on a counterclaim, the damage phase of the trial shall be conducted immediately thereafter before the same judge and jury, unless the judge presiding over the trial, for reasons stated in the record, finds such procedures to be impracticable. 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. (2) the court reporter or officer might not be physically present with the witness during the examination. (7) The selection of designated alternate jurors shall take place after the selection of the six jurors. each produce a document stating each of the elements in the causes of action at filed: Feb. 16, 1988; Dec. 14, 1992 eff. (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. 2020, effective February 1, 2021. (c) Prior to the making or filing of a motion, counsel for the moving party shall advise the Court in writing (no more than two pages) on notice to opposing counsel outlining the issue(s) in dispute and requesting a telephone conference. The petition shall demand the expungement or redaction of such financing statement or, as appropriate, any amendment thereof, in the office in which the financing statement is filed; and may demand any additional relief authorized under section 9-625 of the Uniform Commercial Code. . (6) All parties are required to appear at the hearing. filed Jan. 9, 1986; amds. Section 202.6 Request for judicial intervention. (5) the right to discovery, except to such discovery as the parties might otherwise agree or as follows: (i) There shall be no more than seven (7) interrogatories and five (5) requests to admit; (ii) Absent a showing of good cause, there shall be no more than seven (7) discovery depositions per side with no deposition to exceed seven (7) hours in length. (4) User ID and password; use by authorized person. Regardless of whether the papers are filed electronically or in hard copy or as working copies, counsel must submit as part of the motion papers 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). 202.8-f Oral Argument. In the event that a discovery dispute cannot be resolved other than through motion practice, each such discovery motion shall be supported by an affidavit or affirmation from counsel attesting to counsel having conducted an in-person or telephonic conference, setting forth the date and time of such conference, persons participating, and the length of time of the conference. All trial counsel shall remain in attendance at all stages of the trial until the jury retires to deliberate, unless excused by the judge presiding. (4) The County Clerk shall assign a sidewalk assessment review filing number to each petition, shall retain one copy and shall forward two copies within two days of filing to the clerk designated by the appropriate administrative judge to process sidewalk assessment review petitions. Supreme Court nominees, after being selected by the president must be approved by a simple majority vote (51 votes) of the Senate . Under Article II of the Constitution, the President of the United States alone is empowered to nominate Supreme Court Justices and the U.S. Senate is required to confirm those nominations. Pre-Trial Memoranda, Exhibit Book and Requests for Jury Instructions. (viii) claw-back or other provisions for privileged or protected ESI; (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. (3) In each round, the questioning of the seated prospective jurors shall be conducted first by counsel for the plaintiff, followed by counsel for the remaining parties in the order in which their names appear in the caption. Sec. 27, 2022, effective May 2, 2022, Amended Rule 11 on May 16, 2022, effective May 31, 2022, Amended Rule 6 on August 17, 2022, effective September 12, 2022, Amended Rule 16 on December 16, 2022, effective January 3, 2023, Amended Rule 5 on December 19, 2022, effective January 3, 2023, Amended Rule 2 on December 23, 2022, effective January 3, 2023, Section 202.71 Recognition of Tribal Court Judgments, Decrees and Orders. (c) The affirmation of the good faith effort to resolve the issues raised by the motion shall indicate the time, place and nature of the consultation and the issues discussed and any resolutions, or shall indicate good cause why no such conferral with counsel for opposing parties was held. The Chief Administrator shall establish requirements for education and training of all judges and nonjudicial personnel assigned to conduct foreclosure conferences pursuant to this section. Currently a Senior Registered Foreign Lawyer (England and Wales) in Allen & Overys Asia-Pacific Arbitration Group based in Hong Kong, she previously practised at Three Crowns in (f) The preliminary conference order may provide for such limitations of interrogatories and other discovery as may be necessary to the circumstances of the case. Correspondence sent by fax should not be followed by hard copy unless requested. (1) Referral to MSC. (j) Electronic Filing of Discovery Materials. County Court judge; ex parte applications in Sup. (a) Petitions for Registration. Nov. 5, 1992. Subject to meeting the requirements of CPLR 2218, 3211(c) or 3212(c), parties are encouraged to demonstrate on a motion to the court when a pre-trial evidentiary hearing or immediate trial may be effective in resolving a factual issue sufficient to effect the disposition of a material part of the case. The applicant must give notice, including copies of all supporting papers, to the opposing parties sufficient to permit them an opportunity to appear and contest the application. Donate enough money, and you can get direct access to the nine justices. filed Jan. 9, 1986; amds. Sec. A certificate of readiness and a note of issue may not be filed until a preliminary conference has been held pursuant to this subdivision. (2) Since motions are decided on a daily basis and further submissions may be received on a pending motion, the only report that shall be considered current is the official quarterly report submitted by the particular justice. Jan. 6, 1986. The petition may be filed with the County Clerk by ordinary mail. All parties are directed to exchange e-mail addresses with each other at the commencement of the case and to keep these e-mail addresses current, in order to facilitate notification by the person(s) receiving the court notification. 202.53 Trust accountings; procedure If the request is granted, the assigned justice shall make appropriate arrangements for the designation of a settlement judge.. Where the latter procedure is followed, the parties shall procure and share equally the cost of a transcript thereof unless the court in its discretion otherwise provides. Motions shall be brought on by order to show cause only when there is genuine urgency (e.g., applications for provisional relief), a stay is required or a statute mandates so proceeding. . If a medical malpractice action, there has been compliance with any order issued pursuant to section 202.56 of the Rules of the Chief Administrator (22 NYCRR 202.56). (6) At the first conference held pursuant to CPLR Rule 3408, the court shall determine if the defendant has answered the complaint and shall provide defendants who have not answered information as mandated by CPLR Rule 3408(1). If the parties are unable to agree upon an appropriate form of proposed order, they shall so advise the court so that the court can direct an alternative course of action. (3) if the named entity designates more than one individual, it must set out the matters on which each individual will testify. Upon the affidavit of_____, sworn to on _____, 19 _____, and upon (list supporting papers if any), the . 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. The proponent of the videotaped deposition shall have the responsibility of providing whatever equipment and personnel may be necessary for presenting such videotape deposition. Amended (a)-(e); added (f)-(g). (2) state with reasonable particularity the grounds for any objection to production. Rule 32. (2) If objections have been made by any of the parties during the course of the deposition, the videotape deposition, with the certification, shall be submitted to the court upon the request of any of the parties within 10 days after its recording, or within such other period as the parties may stipulate, or as soon thereafter as the objections may be heard by the court, for the purpose of obtaining rulings on the objections. Special proceedings shall be commenced and heard in the same manner as motions that have not yet been assigned to a judge as set forth in section 202.8 of this Part, except that they shall be governed by the time requirements of the CPLR relating to special proceedings. In addition, the parties to a contract may consent to having New York law apply to their contract, or any dispute under the contract. (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. Where all issues have been disposed of, any party, upon eight days' notice to all who have appeared in the proceeding, may apply for the final order and judgment of registration at the appropriate part or before the appropriate assigned judge. (c) If any party intends to introduce expert testimony at trial, no later than thirty days prior to the completion of fact discovery, the parties shall confer on a schedule for expert disclosure -- including the identification of experts, exchange of reports, and depositions of testifying experts -- all of which shall be completed no later than four months after the completion of fact discovery. . (j) The court, in its discretion, at any time may order such conferences as the court may deem helpful or necessary in any matter before the court. (i) The County Clerk or clerk of the court shall refuse to accept for filing a default judgment application that does not comply with the requirements of this section. Hon. (iii) Where multiple parties or more than one parcel is involved, each appraisal report need be served only upon the taxing authority and the party or parties contesting the value of the property which is the subject of the report. Historical Note Counsel are encouraged to work together to select a mediator or neutral evaluator that is mutually acceptable and may wish to consult any list of approved neutrals in the county where the case is pending. (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. 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