new york supreme court part rules

If the parties do not agree, they must file separate requests with statements as to their preference for a MSC track. Rule 32-a. Historical Note For purposes of this rule, confidential personal information (CPI) means: i. the taxpayer identification number of an individual or an entity, including a social security number, an employer identification number, and an individual taxpayer identification number, except the last four digits thereof; ii. If the court's Part Rules are silent with respect to discovery disputes, the following Rule will apply. (a) Notice of Medical, Dental or Podiatric Malpractice Action. (ii) The order of the Panel shall specify the number of Coordinating Justices and the county or counties in which the coordinated proceedings shall take place. filed Jan. 9, 1986; amds. Added (c)(6). 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. (iii) any County within a Judicial District in which any property covered by the financing statement is located. 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. filed: Feb. 16, 1988; Dec. 14, 1992 eff. 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. (5) Confidentiality. Amended (h). Historical Note 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. Any representative participating in the conference, whether in person, telephonically or by video conference, shall be fully authorized to dispose of the case, as required by CPLR Rule 3408(c). Tax and Condemnation Part Rules. Sec. A response from a juror that requires elaboration may be the subject of further questioning of that juror by counsel on an individual basis. 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. Except as provided in subdivision (b) of this section, in an action not yet assigned to a judge, the court shall not accept for filing a notice of motion, order to show cause, application for ex parte order, notice of petition, note of issue, notice of medical, dental or podiatric malpractice action, statement of net worth pursuant to section 236 of the Domestic Relations Law or request for a preliminary conference pursuant to section 202.12(a) of this Part, unless such notice or application is accompanied by a request for judicial intervention. A certificate of readiness and a note of issue may not be filed until a preliminary conference has been held pursuant to this subdivision. 202.21 Note of issue and certificate of readiness (d) Applications; Notice Requirements. (c) By agreement of the parties to a date no later than the date set for the commencement of depositions, or at such time set by the Court, a date certain shall be fixed for the completion of document production by the responding party. Actions and proceedings shall be assigned to the judges of the court upon the filing with the court of a request for judicial intervention pursuant to section 202.6 of this Part. (b) If no party moves as specified above, the court, on its own motion, shall issue its determination. When an action becomes subject to e-filing, the court may direct that documents previously filed in the action in hard copy be filed electronically by the parties. Where notice is given to the attorney for the Veteran's Administration, if the attorney for the Veteran's Administration does not appear after notice, the court shall be advised whether the Veteran's Administration attorney has examined the account and whether he objects to it or to any proposed commission or fee. (iv) in a tax certiorari action in which the parties have stipulated to this procedure, it is an initiating document that is electronically filed without the signature of the signatory in a form provided above in this subparagraph, provided that, prior to filing, the document is signed in full in hard copy (which hard copy must be preserved until the conclusion of all proceedings, including appeals, in the case in which it is filed); (v) in a small claims assessment review proceeding, it is a petition recorded by the NYSCEF site upon the filing of a text file as provided in subdivision (b)(1) of this section, provided that prior to filing, the document was signed in full in hard copy (which hard copy must be preserved until the conclusion of all proceedings in the matter, including article 78 review and any appeals, and must be made available during the proceeding upon request of the respondent or the court); or. . If timely notification has been so given, such other individual shall instead be produced; (2) pursuant to CPLR 3106(d), a notice or subpoena that names a particular officer, director, member, or employee of the entity shall include in the notice or subpoena served upon such entity the identity, description or title of such individual; and. directors and officers, errors and omissions, and business interruption coverage); (11) Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures -- without consideration of the monetary threshold; and. (h) This Rule does not preclude a deposition by any other procedure allowed by the CPLR. 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. Counsel shall select designated alternates in the same manner set forth in these rules, but with an initial Panel of not more than 10 prospective alternates unless otherwise directed by the court. (a) Applications by trustees for interlocutory or final judgments or final orders in trust accountings or to terminate trusts shall be by notice of petition or order to show cause after the account has been filed in the County Clerk's office. 202.64 Election Law proceedings In the event that a party objects to this procedure or timetable, the parties shall request a conference to discuss the objection with the court. (iii) Documents requested by the parties shall be limited to those relevant to a claim or defense in the action and shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain. (9) After jury selection is completed, counsel shall advise the clerk of the assigned Trial Part or of the Trial Assignment Part or other designated part. (1) Mandatory commencement in general. Section 202.20-j Adherence to the Electronically Stored Information (ESI) Guidelines Set Forth in Appendix Hereto. (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: Any counsel not present during the jury deliberation, further requests to charge, or report of the jury verdict shall be deemed to stipulate that the court may proceed in his or her absence and to waive any irregularity in proceedings taken in his or her absence. Counsel shall follow Rule 6 with respect to hyperlinking. (3) Where more than one sheet of paper is necessary to contain the schedule of liabilities and inventory of assets required to be filed by the assignor or assignee, each page shall be signed by the person or persons verifying the same. If a document filed electronically is subsequently discovered to contain confidential data including but not limited to trade secrets, information protected by confidentiality agreement, or personal confidential information as defined by statute or court rule or otherwise to have been filed in error, the filer or another party or affected person may (1) notify the parties and any non-party filers in the action of the confidentiality issue or other error raised by the filing, and of his or her intention to seek judicial relief to correct the filing; (2) following such notification, request that the appropriate County Clerk, exercising his or her administrative discretion, place the document temporarily in "restricted" status on the NYSCEF site, to be made available for viewing by court staff and the parties but not the general public; and (3) file an application to correct the filing by order to show cause within five business days of such notification (or such time as the court may direct), including a request for preliminary injunctive relief limiting interim disclosure of the document at issue. (2) The assignee's attorney shall file a written notice of appearance as soon as possible, but not later than 10 days after being retained. (3) Additional Requirement with Respect to Uncontested and Contested Judgments of Divorce. (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. 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. Contingent liabilities shall appear on a separate sheet of paper. The above-entitled action is for (briefly state nature of action, e.g., personal injury, medical malpractice, divorce, etc.). Section 202.43 References of triable issues and proceedings to judicial hearing officers or referees. Parties shall meet and confer at the outset of the case, and from time to time thereafter, to discuss the scope of the privilege review, the amount of information to be set out in the privilege log, the use of categories to reduce document-by-document logging, whether any categories of information may be excluded from the logging requirement, and any other issues pertinent to privilege review, including the entry of an appropriate non-waiver order. (3) Where parties are represented by counsel, only attorneys fully familiar with the action and authorized to make binding stipulations or commitments, or accompanied by a person empowered to act on behalf of the party represented, shall appear at the conference. (2) Notification; service of notice of entry by parties. (iv) Conversion of pending actions. WebAll matters before Part 48 are governed by the Rules of the Commercial Division, 22 NYCRR 202.70, except as supplemented, modified, and/or superseded by the Part 48 Procedures The jury Panel number for designated alternate jurors shall be equal to the number of alternates plus the maximum number of peremptory challenges allowed by the court or by statute that may be exercised by the parties. Where a hearing officer disqualifies himself or herself, such hearing officer shall notify the chief administrator or designee and the matter shall be reassigned to another hearing officer. (f)No waiver shall be inferred as to any testimony if the defending attorney was prohibited by technical problems from interposing a timely objection or instruction not to answer. (B) Time to File: Supplemental Filing. (7) Attorney malpractice actions except as otherwise provided in paragraph (b)(8). 202.9 Special proceedings In the event the parties wish to deviate from the language in Appendix B, Paragraph 18, they shall submit to the Court a red-line of the proposed changes and a written explanation of why the deviations are warranted in connection with the pending matter. (d) This Rule does not address the issue of when all parties do not consent. Any party who fails to serve an appraisal report as required by this section shall be precluded from offering any expert testimony on value; provided, however, upon the application of any party on such notice as the court shall direct, the court may, upon good cause shown, relieve a party of a default in the service of a report, extend the time for exchanging reports, or allow an amended or supplemental report to be served upon such conditions as the court may direct. (h) Entry of Orders and Judgments and Notice of Entry. The court may require that direct testimony of a partys own witness in a non-jury trial or evidentiary hearing shall be submitted in affidavit form, provided, however, that the court may not require the submission of a direct testimony affidavit from a witness who is not under the control of the party offering the testimony. In the discretion of the court, written reports may be used to substitute for direct testimony at the trial, but the reports shall be submitted by the expert under oath, and the expert shall be present and available for cross- examination.

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