(2) Notification; service of notice of entry by parties. (vi) proceedings related to consumer credit transactions as defined in subsection (f) of section 105 of the civil practice law and rules other than proceedings commenced prior to September 1, 2017 in Erie, New York, Onondaga, Rockland and Westchester Counties; provided, however, the Chief Administrator may require that the initial filing of papers required for the commencement of such actions in any county, where made by a party represented by counsel, be electronically filed. (6) At the end of each round, those seated jurors who remain unchallenged shall be sworn and removed from the room. Proof of such service will be recorded on the NYSCEF site. Rulings at Disclosure Conferences. (g) Justification of Sureties. filed: Oct. 23, 2000; Jan. 6, 2003 eff. 202.72 Actions Revived Pursuant to CPLR 214-g. If you do not respond to the lawsuit, the court may enter a money judgment against you. 202.31 Identification of trial counsel (2) Upon the filing of the RJI, the court shall send either a copy of the RJI, or the defendant's name, address and telephone number (if available), to a housing counseling agency or agencies funded by the New York State Office of the Attorney Generals Homeowner Protection Program for the judicial district in which the defendant resides, for the purpose of that agency making the homeowner aware of free foreclosure prevention services and options available to the parties. 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. (4) The report of the referee shall show all the jurisdictional facts necessary to confer power on the court, such as the proper execution and acknowledgment of the assignment, its recording, the filing of the schedule and bond, the publication and mailing of notice to creditors to present claims, the filing of the assignee's account, the issuance and service of notice of application for settlement of the account, and, where any items in the account of the assignee are disallowed, the same shall be fully set out in the report, together with the reason therefor. A consent to e-filing in an action shall state that the party providing it agrees to the use of e-filing in the action and to be bound by the filing and service provisions in this section. . (c) The failure of counsel to comply with this rule may result in the denial of a discovery motion, without prejudice to renewal once the provisions of this rule have been complied with, or in such motion being held in abeyance until the informal resolution procedures of the court are conducted. 202.16-b Submission of Written Applications in Contested Matrimonial Actions. (d) No party shall challenge the validity of any oath or affirmation administered during a remote deposition on the grounds that. At any scheduled call of a calendar or at any conference, if all parties do not appear and proceed or announce their readiness to proceed immediately or subject to the engagement of counsel, the judge may note the default on the record and enter an order as follows: (a) If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest; (b) If the defendant appears but the plaintiff does not, the judge may dismiss the action and may order a severance of counterclaims or cross-claims; (c) If no party appears, the judge may make such order as appears just. Affidavits may be augmented to provide explanatory details, and supplemental affidavits may be filed for the same purpose. 202.43 Ref. (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. 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. Counsel shall make a good faith effort to reach agreement on these matters in advance of the conference. (j) Any party may move to compel compliance or to be relieved from compliance with this rule or any provision thereof, but motions directed to the sufficiency of medical reports must be made within 20 days of receipt of such reports. (ii) Where practicable, all orders to show cause, motions or cross-motions for relief should be made in one order to show cause or motion or cross-motion. (b) Commencement of Actions Under this Section. At least ten days prior to trial or such other time as the court may set, the parties, after considering the expected testimony of and, if necessary, consulting with their witnesses, shall furnish the court with a realistic estimate of the length of the trial. A party requesting oral argument shall set forth such request in its notice of motion or in its order to show cause or on the first page of the answering papers, as the case may be. (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. (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. An attorney admitted pro hac vice in an action, an unrepresented litigant, or a person who has been authorized in writing by an owner or owners of real property to submit a petition as provided in section 730 of the Real Property Tax Law and who has been licensed to engage in such business as required by the jurisdiction in which the business is operated (hereinafter "small claims assessment review filing agent") may also register as an authorized e-filing user, but solely for purposes of such action or, in the case of a small claims assessment review filing agent, solely for those proceedings under section 730 of the Real Property Tax Law in which he or she has been authorized to submit a petition. 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. (d)(1) In accordance with CPLR 2102(c), a County Clerk and a chief clerk of the Supreme Court or County Court, as appropriate, shall refuse to accept for filing papers filed in actions and proceedings only under the following circumstances or as otherwise provided by statute, Chief Administrator's rule or order of the court: (3) Submissions to the neutral conducting the MSC. Section 202.16 Application of Part 202 and Section 202.16. The subject matter jurisdiction of the Commercial Division including both substantial monetary thresholds and carefully chosen case types (see 202.70[a] and [b]) is designed to ensure that it is the forum of resolution of the most complex and consequential commercial matters commenced in New Yorks courts. In deciding whom to designate, the Administrative Judge shall consider, among other things, the existing caseload of each prospective appointee and the overall needs of the court in which that justice serves; the familiarity of that justice with the litigation at issue; the justice's managerial ability; and the previous experience of the justice with the field of law involved and with coordinated litigation. Where an attorney or small claims assessment filing agent is exempt from having to file and serve documents electronically in accordance with this section, he or she shall serve and file documents in hard copy, provided that each such document shall include the notice required by paragraph (1) of subdivision (d) of section 202.5-b of these rules. Compliance Conference Order with Certification The and (3) of this subdivision, every judgment of divorce, whether uncontested or Section 202.59 Tax assessment review proceedings in counties outside the City of New York; special rules. Findings and conclusions shall be in a separate paper from the judgment, which papers shall be labelled "FINDINGS OF FACT AND CONCLUSIONS OF LAW" and "JUDGMENT," respectively. No allowances, fees or commissions shall be paid out until so fixed and directed by the court. There has been a reasonable opportunity to complete the foregoing proceedings. It is important that counsels discovery requests, 202.17 Exchange of medical reports in pers. A petition in such a special proceeding shall substantially conform to the model petition set forth in Appendix A of this section and shall allege that: (i) the financing statement referred to in paragraph (3)(i) of this subdivision was falsely filed or amended to retaliate for the performance of the petitioners official duties in his or her capacity as a public employee (or, if the petitioner is an attorney referred to in paragraph (3)(i)(B) of this subdivision, to retaliate for the performance of the petitioners duties in his or her capacity as an attorney for the respondent in a criminal court); and, (ii) such financing statement does not relate to an interest in a consumer-goods transaction, a commercial transaction, or any other actual transaction between the petitioner and the respondent; and, (iii) the collateral covered in the financing statement is the property of the petitioner; and. (d) Responsible Attorney. 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. PART RULES (updated September 2021) Hon. 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. (a) Upon the trial of an action, the following papers, if not yet submitted, shall be submitted to the court by the party who has filed the note of issue: (1) copies of all pleadings marked as required by CPLR 4012; and. Joint Pre-Trial Order. (b) E-filing in Actions in Supreme Court. Acknowledging that discovery is one of the most expensive, 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. . If the trial exhibits are voluminous, counsel shall consult the clerk of the part for guidance. Amendedsections 202.12(b) and 202.12(c)(3) on Sept 23, 2013, 202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference. While this rule is intended to streamline the litigation process in the Commercial Division, it will be ineffectual without the cooperation and participation of litigants. (g) The affidavits required by this section shall be supported by exhibits, including a copy of the credit agreement as defined in this section, the bill of sale or written assignment of the account where applicable, and relevant business records of the Original Creditor that set forth the name of the defendant; the last four digits of the account number; the date and amount of the charge-off balance; the date and amount of the last payment, if any; the amounts of any post-charge-off interest and post-charge-off fees and charges, less any post-charge-off credits or payments made by or on behalf the defendant; and the balance due at the time of sale. ii. This open motion report may be used by the justice to assist in the preparation of his or her official quarterly report. The parties preferences would ordinarily be given presumptive weight. Motions for Summary Judgment; Statements of Material Facts. section. The hearing officer shall schedule hearings in the evening at the request of any party, unless special circumstances require otherwise. (b) Submission of Papers to Judge. Amended (a) & (b) on Dec. 29. (c) In the event the parties wish to incorporate a privilege claw-back provision into either (i) the confidentiality order to be utilized in their commercial case, or (ii) another form of order utilized by the Justice presiding over the matter, they shall utilize the text set forth in Appendix B, Paragraph 18 to these Rules of the Commercial Division. (2) Exemption of represented parties.Notwithstanding the foregoing, an attorney or a representative of a property owner designated as such as provided in Real Property Tax Law 730 (small claims assessment filing agent), shall be exempt from having to file and serve documents electronically in accordance with this section upon filing with the County Clerk and the clerk of the court in which the action is or will be pending a form, prescribed by the Chief Administrator, on which the: attorney or small claims assessment filing agent certifies, in good faith that he or she: (b) Failure to submit the order or judgment timely shall be deemed an abandonment of the motion or action, unless for good cause shown. (d) Interlineation of Responsive Pleadings. 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, provided that, in matrimonial actions and proceedings, consistent with applicable case law on defaults in matrimonial actions, failure to comply with this rule may, either in lieu of or in addition to any other direction, be considered in the determination of any award of attorney fees or expenses. 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. One way for parties to express their consent to this accelerated adjudication process is by using specific language in a contract, such as: Subject to the requirements for a case to be heard in the Commercial Division, the parties agree to submit to the exclusive jurisdiction of the Commercial Division, New York State Supreme Court, and to the application of the Courts accelerated procedures, in connection with any dispute, claim or controversy arising out of or relating to this agreement, or the breach, termination, enforcement or validity thereof.. County Court judge; ex parte applications in Sup. Also, a judgment will affect your credit score and can affect your ability to rent a home, find a job, or take out a loan. Except where the Chief Administrator authorizes use of electronic signatures, decisions, orders and judgments signed by a judge shall be signed in hard copy. Appendix A GUIDELINES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI) FROM NONPARTIES. review proceed. time-consuming aspects of litigating a commercial case, the Commercial Division (a) All applications to the Supreme Court, or to a judge thereof, pursuant to the Election Law, shall be made at the special part designated for such proceedings, and where there is no special part, before the judge to whom the proceeding is assigned. (d) County Clerk and Clerk of Court Not to Accept Hard Copies of Documents for Filing Where Electronic Filing Is Required. ii. Any P.O. Rule 10. (d) In any accelerated action, the description of custodians shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute. (a) Any complainant, respondent or other person aggrieved by any order of the State Commissioner of Human Rights or the State Division of Human Rights may obtain judicial review of such order by commencing a special proceeding, within 60 days after service of the order, in the Supreme Court in the county where the alleged discriminatory practice which is the subject of the order occurred or where any person required by the order to cease and desist from an unlawful discriminatory practice or to take other affirmative action resides or transacts business. Amended (b)(2), (b)(4), (e)(4), (f)(3), & (f)(4) on May 24,2013. 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. Written notice of the date, time and place of the hearing shall be sent by mail by the hearing officer to the parties or their attorneys, if represented, at least 10 working days prior to the date of the hearing, except that in an electronically filed proceeding, such notice may be sent by e-mail to parties participating in e-filing; provided, however, failure to receive such notice in such period shall not bar the holding of a hearing. 2. The court may also use the conference for whatever other purposes the court deems appropriate. (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. 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). (iii) Are there less costly or less burdensome alternatives to secure the necessary information without recourse to discovery of ESI; Upon receipt of an interlocutory document, the NYSCEF site shall automatically transmit electronic notification to all e-mail service addresses in such action. (c) It is important that counsel be on time for all scheduled appearances. (1) In the discretion of the Commercial Division justice assigned, if a case does not fall within the jurisdiction of the Commercial Division as set forth in this section, it shall be transferred to a non-commercial part of the court. Coordination pursuant to this section shall apply to pretrial proceedings, including dispositive motions. The total number of peremptory challenges to alternates may be exercised against any alternate, regardless of seat. If the court's Part Rules are silent with respect to discovery disputes, the following Rule will apply. In that event, examination after institution of the action may be waived. 1, 2010 James F. Matthews Part 24c. No proposed order should be submitted with motion papers on a dispositive motion. 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. (b) Each Response shall state: (i) whether the objection(s) interposed pertains to all or part of the request being challenged; (ii) whether any documents or categories of documents are being withheld, and if so, which of the stated objection(s) forms the basis for the responding partys decision to withhold otherwise responsive documents or categories of documents: and (iii) the manner in which the responding party intends to limit the scope of its production. The court will notify the requesting party whether the adjournment has been granted. 2020, effective February 1, 2021. 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, in the case of the taking of a deposition upon notice by audio recording alone, any party, at least five days before the date noticed for taking the deposition, may apply to the court for an order establishing additional or alternate procedures for the taking of such audio deposition, and upon the making of the application, the deposition may be taken only in accordance with the court order. The RJI shall contain the name, address, telephone number and e-mail address, if available, of the defendant in the action, and the name of the mortgage servicer, and shall request that a settlement conference be scheduled. (g) Deposition testimony given pursuant to this Rule shall be usable against the entity on whose behalf the testimony is given to the same extent provided in CPLR 3117(2) and the applicable rules of evidence. Except as otherwise provided in this section, every action authorized by subdivision (a) of this section shall be commenced by electronically filing the initiating documents with the County Clerk through the NYSCEF site. Section 202.68 Proceedings involving custody of an Indian child. filed Feb. 16, 1988 eff. filed Jan. 9, 1986; amd. . (e) For the purposes of subsection (a)(2) of this Rule, the deposition of an entity shall be treated as a single deposition even though more than one person may be designated to testify on the entitys behalf. Rule 3. The affidavit upon which application is made for leave to file a provisional bond must show fully and fairly the nature and extent of the property assigned, and good and sufficient reason must be shown why the schedule and inventory cannot be filed. (3) The statement referred to in paragraph (1) of this subdivision, with proof of service upon the other party, shall, with the note of issue, be filed with the court. (7) Attorney malpractice actions except as otherwise provided in paragraph (b)(8). (3) Unless otherwise defined in this Part, or the context otherwise requires, all terms used in this Part shall have the same meaning as they have in the CPLR. (i) Technical Failures. (1) When settlement of an order or judgment is directed by the court, a copy of the proposed order or judgment with notice of settlement, returnable at the office of the clerk of the court in which the order or judgment was granted, or before the judge if the court has so directed or if the clerk is unavailable, shall be served on all parties either: (i) by personal service not less than five days before the date of settlement; or. Historical Note (j) Assignee's Commissions and Attorney's Fees. (required only where the motion relates to disclosure or to a bill of particulars), Pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of this motion. WebPart 51. After the trial of the issues has begun, any such application must be made to the trial judge and shall be entertained only in unusual and extraordinary circumstances. 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. Christopher Modelewski Part17 Hon. The following will not be heard in the Commercial Division even if the monetary threshold is met: (2) Cases seeking a declaratory judgment as to insurance coverage for personal injury or property damage; (3) Residential real estate disputes, including landlord-tenant matters, and commercial real estate disputes involving the payment of rent only; (4) Home improvement contracts involving residential properties consisting of one to four residential units or individual units in any residential building, including cooperative or condominium units; (5) Proceedings to enforce a judgment regardless of the nature of the underlying case; (6) First-party insurance claims and actions by insurers to collect premiums or rescind non-commercial policies; and. (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. filed Jan. 9, 1986; repealed, new filed April 26, 1993 eff. Such account shall be in his or her name as receiver or assignee and shall show the name 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. 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. The request shall be served on all other parties and filed with the clerk for transmittal to the assigned judge. address:____________________. Hon. In addition, every paper filed in court, other than an exhibit or printed form, shall contain writing on one side only, except that papers that are fastened on the side may contain writing on both sides, and shall contain print no smaller than 12-point, or 8 x 11 inch paper, bearing margins no smaller than one inch. (3) Provisional and Final Bond. 202.70 Rules of the Commercial Division of the Supreme Court (h) Application to Continue Business of Assignor. May 16, 1994. 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. (a) Court documents may be transmitted to the courts of the unified court system by means of the electronic document delivery system (EDDS) only to the extent and in the manner provided in this section. eff. If the parties do not agree, they must file separate requests with statements as to their preference for a MSC track. (i) either (A) an employee of the State or of a political subdivision thereof, or (B) an attorney who represents or has represented the respondent in a criminal court; and iii. (a) Papers and correspondence by fax. Motion papers noticed to be heard in a county other than the county where the venue of the action has been placed by the plaintiff shall be assigned to a judge in accordance with procedures established by the Chief Administrator. filed: Feb. 16, 1988; Sept. 11, 1989; Jan. 6, 1999; Jan. 8, 2001 eff. Copies of the summons, notice of appearance, all pleadings, certificate of merit, if required, and the bill of particulars if one has been served, are attached. (a) Form of Motion Papers. (1) The assignor shall deliver all books, records and documents to the assignee immediately upon filing the assignment, but the assignee shall make them available to the assignor to prepare the schedules. v. any of the documents or testimony in a matrimonial action protected by Domestic Relations Law section 235 or evidence sealed by the court in such an action which are attached as exhibits or referenced in the papers filed in any other civil action. Counsel for each party then shall question each replacement juror pursuant to the procedure set forth in paragraph (3). Filing Where Electronic Filing is Required and filed with the clerk of court not to Hard. Time for all new york supreme court part rules appearances be in his or her official quarterly report shall challenge the of... Filed Jan. 9, 1986 ; repealed, new filed April 26, eff... 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