No surprise that corporations like Chevron with cases Such general appraisal reports shall be served and filed as provided in paragraph (1) of this subdivision. Proof of such mailing shall be required on the application for a final decree approving the account of the assignee unless proof is furnished that personal service of such notice or a copy of such advertisement has been made upon the creditor. (k) Cost. 8. (8) If counsel objects to anything said or done by any other counsel during the selection process, the objecting counsel shall unobtrusively request that all counsel step outside of the juror's presence, and counsel shall make a determined effort to resolve the problem. (c) Within 10 days after qualification of the guardian, proof of qualification shall be served on the director. (h) Consistent with CPLR 3126, a party should take reasonable steps to preserve ESI that it has a duty to preserve. Trials shall commence each court day promptly at such times as the court directs. The stub shall also contain such other information as shall be required to identify it with the transcript with which it was issued, so that it may be readily identified upon its return to the issuing County Clerk, with the name of, and the date of receipt by, the receiving clerk endorsed thereon. (1) Registration required. (4) At the conclusion of the deposition, a statement shall be made on camera that the recording is completed. (1) Contested Actions. Nothing in this section shall prevent a judge from exempting an attorney from having to file and serve documents electronically in accordance with this section upon a showing of good cause therefor. Any party who fails to file an appraisal report as required by this section shall be precluded from offering any appraisal testimony on value. (a) Nothing in this rule shall be construed to prevent or limit counsel from making any motion deemed appropriate to best represent a party's interests. 202.5-bb Electronic Filing in Supreme Court; Mandatory Program The director shall submit to the court for its consideration such papers as the director may deem appropriate. (b) Commencement of Actions Under this Section. (ii) Do any of the parties intend to seek or rely upon ESI; If the assessment is reduced by an amount less than half of the reduction sought, the hearing officer may award the petitioner costs against the respondent assessing unit in an amount not to exceed $25. 202.20-d Depositions of Entities; Identification of Matters. (a) Within 20 days of the filing of the note of issue, if the notice of motion for a special preference is filed therewith, or within 10 days of the service of a notice of motion to obtain a preference, if served and filed subsequent to service and filing of the note of issue, any other party may serve upon all other parties, and file with the court affidavits and other relevant papers, with proof of service, in opposition to granting the preference. Amended on Dec. 29. No action or proceeding to which this section is applicable shall be deemed ready for trial unless there is compliance with this section by the party filing the note of issue and certificate of readiness. 202.16-b Submission of Written Applications in Contested Matrimonial Actions. At or before the pre-trial conference, the court may require the parties to prepare a written stipulation of undisputed facts. 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. filed May 4, 1998 eff. This section shall apply to every tax assessment review proceeding brought pursuant to title 1 of Article 7 of the real Property Tax Law in a county within the City of New York. (i) matrimonial actions as defined by the civil practice law and rules; Sec. (i) Notwithstanding subdivision (f) of this section, upon receipt of an offer for all or a substantial part of the assets, an assignee may for good cause shown make application to the court for leave to sell at a private sale in lieu of a public auction sale. (ix) the scope or method for searching and reviewing ESI; and (1) prior to the conclusion of the conference, the parties shall prepare a writing setting forth the resolutions reached and submit the writing to the court for approval and signature by the presiding justice; or. State alleged medical specialty of each individual defendant, if known. (ii) Notification. The board shall continue to circulate among the attorneys until no other peremptory challenges are exercised. (c) The final order in an election proceeding shall state the determination and the facts upon which it was made. Sept. 3, 1993. (o) Omission or Redaction of Confidential Personal Information from Matrimonial Decisions. 202.35 Submission of papers for trial Sec. Sec. (ii) How service is made. In order to commence such a special proceeding, the petitioner must be: In the event a filer shall file and serve documents in hard copy pursuant to this paragraph, each such document shall include the notice required by paragraph (1) of subdivision (d) of section 202.5-b, and the filer shall, as required, file those documents with the NYSCEF site within three business days thereafter. 2020, effective February 1, 2021. These sample provisions should be construed in a manner that is consistent with governing case law and applicable sections and rules of the Commercial Division Rules, the Uniform Civil Rules, the CPLR, the Federal Rules of Civil Procedure, and any other applicable rules and regulations. Amended (h)(2) on Apr. Topics on which the parties cannot agree shall be addressed with the court at the preliminary conference. Residential Mortgage Foreclosure Actions . review proceed. Historical Note (d) Interlineation of Responsive Pleadings. (2) Except as otherwise provided hereafter, three copies of the petition shall be filed with the County Clerk in the county in which the property is located within 30 days after the final completion and filing of the assessment roll containing the assessment at issue, except that in the City of New York, the petition shall be filed before the 25th day of October following the time when the determination sought to be reviewed was made. 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. 1, 2010, effective nunc pro tunc as of Sep. 1, 2009. (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. Appendix A GUIDELINES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI) FROM NONPARTIES. 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. (a) Upon any motion for summary judgment, other than a motion made pursuant toCPLR 3213, the court may direct that there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried. (e) Vacating Note of Issue. (7) Upon any application for an award of counsel fees or fees and expenses of experts made prior to the conclusion of the trial of the action, the court shall set forth in specific detail, in writing or on the record, the factors it considered and the reasons for its decision. Notwithstanding any other provision hereunder: (1) a party may not use the EDDS to transmit documents in a court action or proceeding in a court in a county in which consensual or mandatory e-filing is available in such an action or proceeding, except that EDDS may be used in such a county for the purpose of (i) converting a pending action to e-filing in accordance with section 202.5-b(2)(iv) of these rules, (ii) transmitting exhibits for a conference, hearing, or trial; or (iii) any other use as may be authorized by the Chief Administrator. (1) A special proceeding pursuant to title 1-A of Article 7 of the Real Property Tax shall be commenced by a petition in a form in substantial compliance with the forms prescribed by the Chief Administrator of the Courts. Accelerated Adjudication Actions. (f) The individual(s) designated must testify about information known or reasonably available to the entity. (e) Court Order. review proceed. (2) In debt buyer actions involving debt purchased from an original creditor on or after October 1, 2014, the affidavits set forth in subsection (d). Rule 27. (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. (c) Oral arguments may be conducted by the court by electronic means. Historical Note (b) Proposed Orders. The date of entry shall be the date shown on the stamp, except that if the County Clerk receives an order or judgment and places a filing stamp and date thereon reflecting that the date of receipt is the date of filing but does not e-file the document until a later day, the Clerk shall record at the NYSCEF site as the date of entry the date shown on the filing stamp. An application for authority to continue the business of an assignor must be made upon duly verified petition and upon notice given to, or order to show cause served upon, the assignor, the assignee's surety and all creditors, secured, general or otherwise, of the assigned estate. The court may view such portions of the videotape recording as it deems pertinent to the objections made, or may listen to an audiotape recording. The certification shall also describe the steps taken to identify the documents so categorized, including but not limited to whether each document was reviewed or some form of sampling was employed, and if the latter, how the sampling was conducted. (c) Adjournment of Motions. (2) promptly file a supplemental statement if any required information changes. Except as provided in subdivision (e) below, failure to file an RJI pursuant to this subdivision precludes a party from seeking assignment of the case to the Commercial Division. (6) All parties are required to appear at the hearing. She has almost a decades legal experience in international arbitration and domestic litigation. Compliance Conference Order with Certification The methods that may be selected are: (1) "White's method," as set forth in subdivision (g) of this section; (2) "struck method," as set forth in subdivision (g) of this section; (3) "strike and replace method," in districts where the specifics of that method have been submitted to the Chief Administrator by the Administrative Judge and approved by the Chief Administrator for that district. (a) Papers and correspondence by fax. (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. Section 202.8-c Sur-Reply and Post-Submission Papers. Unless the court directs otherwise, any document that requires a judge's signature shall be transmitted electronically and in hard copy to the court. (d) No party shall challenge the validity of any oath or affirmation administered during a remote deposition on the grounds that. Exchange of medical reports in pers. The NYSCEF site shall be considered to be subject to a technical failure on a given day if the site is unable to accept filings or provide access to filed documents continuously or intermittently over the course of any period of time greater than one hour after 12:00 noon of that day. A general calendar is for actions in which a note of issue and a certificate of readiness have been filed but which have not as yet been transferred to a pretrial conference calendar or a calendar containing cases that are ready for trial. At that time, counsel shall be prepared to argue the motion, discuss resolution of the issue(s) presented and/or schedule a trial or hearing. 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. (1) The Court may require that electronically submitted memoranda of law include hyperlinks to cited court decisions, statutes, rules, regulations, treatises, and other legal authorities in either legal research databases to which the Court has access or in state or federal government websites. Usted debe, tan pronto como le sea posible, responder a la demanda presentando una "contestacin." (4) Unless the court otherwise directs, the proof required by statute must be in writing, by affidavits, which shall include a sufficient factual statement to establish jurisdiction, as well as all elements of the cause of action warranting the relief sought. (b) By a date agreed to by the parties or at such time set by the Court, the responding party shall serve the Responses contemplated by Rule 11-e(a)(ii), which shall set forth specifically: (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 objections forms the basis for the responding party's 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. (5) Parties and non-parties should adhere to the Electronically Store Information (ESI) Guidelines set forth in an Appendix to the Uniform Civil Rules. James Hudson (7) Scheduling and Procedures. (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. 202.25 Objections to applications for special preference This procedure shall not supplant or diminish other available procedures for the recognition of judgments, decrees and orders under the law. (a) No application to refer an action or special proceeding to a judicial hearing officer or referee will be entertained unless a note of issue, where required, has been filed and the index number is set forth in the moving papers and the proposed order. (h) Reports of Pending Motions in the Supreme Court. A single memorandum of no more than 7,000 words shall be submitted by each side. (c) Each numbered paragraph in the statement of material facts required to be served by the moving party may be deemed to be admitted for purposes of the motion unless specifically controverted by a correspondingly numbered paragraph in the statement required to be served by the opposing party. Notwithstanding NYCRR 202.11, no prior consultation is required where either or both of the parties is self-represented. (1) In all actions or proceedings to which this section of the rules is applicable, a preliminary conference shall be ordered by the court to be held within 45 days after the action has been assigned. An action in which there has been an inability by a jury to reach a verdict, a mistrial or a new trial granted by the trial justice or an appellate court shall be rescheduled for trial. Historical Note The length of the time slot allotted to each matter is solely in the discretion of the court. Unless otherwise permitted by the court: (i) briefs or memoranda of law shall be limited to 7,000 words each; (ii) reply 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; (iii) affidavits and affirmations shall be limited to 7,000 words each. If, where permitted, payment is submitted after the initiating documents have been transmitted electronically, the County Clerk shall assign the number upon presentation of that payment. (2) Service of interlocutory documents in an e-filed action. Historical Note the term "clerk of the court" shall mean the county clerk. (3) Where the condemnor puts in issue the compensability of any item in the inventory, the appraisal report submitted by the condemnor shall so state and shall state the ground therefor, as well as its appraiser's estimate of the value of such item for consideration in the event that the court should determine that it is compensable. The petition may be filed with the County Clerk by ordinary mail. (vi) the scope, extent, order, and form of production; (b) Forms. Default Judgment and Judgment of Foreclosure and Sale (e) Nothing contained herein is intended to conflict with a party's obligation to supplement its disclosure obligations pursuant to CPLR 3101(h). Section 202.7 Calendaring of motions; uniform notice of motion form; affirmation of good faith. Section 202.20-i Direct Testimony by Affidavit. Such correspondence shall not be considered by the court in reaching its decision on the merits of the motion. Plaintiff's exhibits shall be numerically tabbed, and defendant's exhibits shall be tabbed alphabetically. Attorney1 for (other party) A trial by jury may be demanded as provided by CPLR 4102. (1) A non-exhaustive list of considerations for determining whether a case is reasonably likely to include electronic discovery is: (a) Applicability. (e) In the event that the proponent of a motion for summary judgment fails to provide a statement of undisputed facts though required to do so, the court may order compliance and adjourn the motion, may deny the motion without prejudice to renewal upon compliance, or may take such other action as may be just and appropriate. Failure of counsel to provide such notification will be deemed a waiver of any application to adjourn the trial because of the unavailability of a witness. (1) Signing of a document. Historical Note Section 202.6 Request for judicial intervention. (4) 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. (d) Consultation Regarding Expert Testimony. Uniform Civil Rules For The Supreme Court & The County Court, Amended (b)(2)(ii)-(iv), (d)(1)-(7), (f)(2)(i)-(ii), (g), (h)(1)-(h)(2), (k)(2), (l) on, Amended Rule 1, 8, 9, 11-c, 11-e, 11-g, and Appendices on, Uniform Rules for N.Y. State Trial Courts, 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction, 202 - Uniform Civil Rules For The Supreme Court And The County Court, 206 - Uniform Rules For The Court Of Claims, 207 - Uniform Rules For The Surrogate's Court, 208 - Uniform Civil Rules For The New York City Civil Court, 210 - Uniform Civil Rules For The City Courts Outside The City Of New York, 212 - Uniform Civil Rules For The District Courts, 214 - Uniform Civil Rules For The Justice Courts, 216 - Sealing Of Court Records In Civil Actions In The Trial Courts, 217 - Access To Court Interpreter Services for Persons With Limited English Proficiency, 218 - Uniform Rules For The Trial Courts In Capital Cases, 220 - Uniform Rules For Jury Selection And Deliberation Subpart, 221 - Uniform Rules For The Conduct Of Depositions. (b) Pre-Voir Dire Settlement Conference.