(iii) simplification and limitation of the issues; (iv) the establishment of a timetable for the completion of all disclosure proceedings, provided that all such procedures must be completed and the note of issue filed within six months from the commencement of the conference, unless otherwise shortened or extended by the court depending upon the circumstances of the case; (v) the completion of a preliminary conference order substantially in the form contained in Appendix "G " to these rules, with attachments; and. (4) Except as otherwise provided by law, every notice or citation, subpoena, and all process shall issue out of the court under seal and be attested by the clerk. 7. 202.60 Tax assessment review proceedings in counties within the NYC (7) The selection of designated alternate jurors shall take place after the selection of the six jurors. (d) Consultation Regarding Expert Testimony. An attorney who waives a challenge may not thereafter exercise a peremptory challenge within the round, but may exercise remaining peremptory challenges in subsequent rounds. (g)Nothing in this rule is intended to: (i) address whether a remote witness is deemed unavailable, within the meaning of CPLR 3117 and its interpretive case law, for the purposes of utilizing that witness deposition at trial; or (ii) alter the Courts authority to compel testimony of non-party witnesses in accordance with New York law. (b) Within 10 days after the order determining the application is signed, a copy shall be served on the director. Upon service of the summons in every matrimonial action, it is hereby ordered that: (1) Neither part shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of, without the consent of the other party in writing, or by order of the court, any property (including, but not limited to, real estate, personal property, cash accounts, stocks, mutual funds, bank accounts, cars and boats) individually or jointly held by the parties, except in the usual course of business, for customary and usual household expenses or for reasonable attorney's fees in connection with this action. Accordingly, the Divisions judges are chosen for their extensive experience in resolving sophisticated commercial disputes. Amended (f)(1). (2) Where the condemnor puts in issue the description of any item in the inventory, the appraisal submitted on behalf of the condemnor shall state its appraiser's description of such item and his or her estimate of value. Section 202.21 Note of issue and certificate of readiness. The County Clerk may require the parties to furnish previously filed hard copy documents in electronic form. . The scope of the crisis is in no small part the fault of economists. 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. (c) If the net amount obtained for the infant, or incapacitated person in any approved settlement does not exceed the amount set forth in CPLR 1206(b), the court may permit it to be paid pursuant to CPLR 1206(b). (2) If a party intends to offer at trial expert evidence in rebuttal to any report, an expert's report shall be filed within 60 days after receipt of the document sought to be rebutted. Section 202.28 Discontinuance of Civil Actions and Notice to the Court. In the event that a party defaults in filing an appraisal report within the time limitation prescribed, the clerk shall return the filed copies of each party's appraisal report, with notice to the party in default. 202.52 Deposit of funds by receivers and assignees 202.69 Coordination of related actions pending in more than one . (e) The parties are encouraged to use the most efficient means to review documents, including electronically stored information (ESI), that is consistent with the parties disclosure obligations under Article 31 of the CPLR and proportional to the needs of the case. (f) Any application for temporary injunctive relief, including but not limited to a motion for a stay or a temporary restraining order, shall contain, in addition to the other information required by this section, an affirmation demonstrating there will be significant prejudice to the party seeking the restraining order by giving of notice. The assigned judge, in his or her discretion or at the request of a party, thereafter may determine that any motion be orally argued and may fix a time for oral argument. (2) prior to the conclusion of the conference, all resolutions shall be dictated into the record, and either the transcript shall be submitted to the court to be "so ordered," or the court shall otherwise enter an order incorporating the resolutions reached. All applications made to the court under section 428 of the Real Property Law shall also be made to the appropriate part or judge, upon eight days' notice to the city or county treasurer and all other parties who have appeared in the proceeding to recover for loss or damage or deprivation of real property out of the assurance fund provided for by law. The officer before whom the deposition is taken shall be a person authorized by statute and shall identify himself or herself and swear the witness on camera. 1If any party is appearing pro se, the name, address and telephone number of such party shall be stated. This procedure shall not supplant or diminish other available procedures for the recognition of judgments, decrees and orders under the law. (ii) Filing agent; statement of authorization. (a) All motions shall be returnable before the assigned judge, and all papers shall be filed with the court on or before the return date. 202.5 Papers filed in court . If such stipulation is not returned signed by all parties, the parties shall appear at the conference. In the discretion of the court, in a proper case, parties may be bound by the expert's report in their direct case. (g) Nothing in this Rule shall be construed to alter the right of any party to seek any relief that it deems appropriate under the CPLR or other applicable law. (5) In subsequent rounds, the first exercise of peremptory challenges shall alternate from side to side. Further, notwithstanding the time periods set forth in subdivisions (d) and (e) of this section, for good cause shown for the delay a party may seek the transfer of a case to the Commercial Division by letter application (with a copy to all parties) to the Administrative Judge. (4) The assessment review clerk shall file the petition and the attached decision and order with the County Clerk. Alternatively, in the court's discretion, all directions of the court and stipulations of counsel may be recorded by a reporter. (a) In an inquest to ascertain damages upon a default, pursuant to CPLR 3215, if the defaulting party fails to appear in person or by representative, the party entitled to judgment, whether a plaintiff, third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim, may be permitted to submit, in addition to the proof required by CPLR 3215(e), properly executed affidavits as proof of damages. (b) Service. 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. 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). If that number is less than the total number of jurors to be selected (including alternates, where non-designated alternates are being used) plus the maximum number of peremptory challenges allowed by the court or by statute that may be exercised by the parties (such sum shall be referred to as the "jury Panel number"), additional prospective jurors shall be added until the number of prospective jurors not subject to challenge for cause equals or exceeds the jury Panel number. (b) Counsel, including self-represented litigants, are under a continuing obligation to notify the court as promptly as possible in the event that an action is settled, discontinued or otherwise disposed of or if a case or motion has become wholly or partially moot, or if a party has died or filed a petition in bankruptcy. (a) Applications for approval of compromises of third-party actions pursuant to subdivision 5 of section 29 of the Workers' Compensation Law must include all papers described therein, and a proposed order providing that the appropriate insuring body file an affidavit within a specified time consenting to or opposing the application. The court may permit for good cause shown and in the absence of substantial prejudice, a party to call a witness to testify who was not identified on the witness list submitted by that party. The party causing the first paper to be filed shall communicate in writing the county clerk's index number forthwith to all other parties to the action. Pre-Marking of Exhibits. (a) Form of Motion Papers. . Oct. 1, 2014, Section 202.27-b Additional Mailing of Notice on an Action Arising from a Consumer Credit Transaction (Uniform Civil Rules for the Supreme Court and the County Court). General IAS Part 8, 80 Centre Street, Room 278 Part Clerk: Steven Carney, scarney@nycourts.gov, 646 Tax assessment review proceedings in counties within the NYC, Exchange of appraisal reports in eminent domain proceedings, Payment of eminent domain award to other than named award. filed: Feb. 16, 1988; Nov. 19, 1992; Dec. 14, 1992; Feb. 12, 1996; Aug. 4, 1998; Jan. 6, 1999 eff. (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. The appraisal reports also may contain photographs of the property under review and of any comparable property that specifically is relied upon by the appraiser, unless the court otherwise directs. (3) Provisional and Final Bond. 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. Agreements and protocols agreed upon by parties should be memorialized in a court order. (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. 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. Except for an unrepresented litigant, a party served with such a notice shall promptly record his or her consent electronically in the manner provided at the NYSCEF site or file with the court and serve on all parties of record a declination of consent.An unrepresented litigant is exempt from having to file and serve documents electronically in accordance with this section and need not respond to the notice described herein; except that he or she may file a consent to participate in e-filing provided the clerk shall first have explained his or her options for e-filing in plain language, including the option for expedited processing, and inquired whether he or she wishes to participate. If the parties do not agree, they must file separate requests with statements as to their preference for a MSC track. This section shall be applicable to all matrimonial actions and proceedings in the Supreme Court authorized by section 236(2) of the Domestic Relations Law. No paper shall be removed from the files of the court except by order of the court. 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. . The note of issue and certificate of readiness shall read substantially as follows: _________ (2) promptly file a supplemental statement if any required information changes. In the event that the court grants permission for an oversize submission, the certification required by paragraph (c) above shall set forth the number of words in the document and certify compliance with the limit, if any set forth by the court. If a preference is granted, the case shall be placed ahead of all nonpreferred cases pending as of that date, unless the court otherwise orders. (5) If the judge or referee believes that the papers are insufficient, the complaint shall either be dismissed for failure of proof or a hearing shall be directed to determine whether sufficient evidence exists to support the cause of action. Where a document that was filed in hard copy is thereafter e-filed, the filing date recorded in NYSCEF shall be the date of hard copy filing. (4) Neither party shall cause the other party or the children of the marriage to be removed from any existing medical, hospital and dental insurance coverage, and each party shall maintain the existing medical, hospital and dental insurance coverage in full force and effect. The court may direct that prior to the pre-trial conference, counsel for the parties consult in good faith to identify those aspects of their respective experts' anticipated testimony that are not in dispute. The court or the court's law clerks will attempt to address the matter through a telephone conference where possible. (vii) Except for affidavits of net worth (pursuant to 22 NYCRR 202.16 (b)), retainer agreements (pursuant to Rule 1400.3 of the Joint Rules of the Appellate Division), maintenance guidelines worksheets and/or child support worksheets, or counsel fee billing statements or affirmations or affidavits related to counsel fees (pursuant to Domestic Relations Law 237 and 22 NYCRR 202.16(k)), all of which may include attachments thereto, all exhibits annexed to any motion, cross motion, order to show cause, opposition or reply may not be greater than three (3) inches thick without prior permission of the court. Rule 19. 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. Agreements and protocols agreed upon by parties should be memorialized in a order... 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