Submission of Information; Certification Relating to Alternative Dispute Resolution. (b) Pre-Voir Dire Settlement Conference. Upon request of a party, the court may permit that direct testimony of that party's own witness in a non-jury trial or evidentiary hearing be submitted in affidavit form, provided, however, that the opposing party shall have the right to object to statements in the direct testimony affidavit, and the court shall rule on such objections, just as if the statements had been made orally in open court. A proposed intervenor or other non-party who seeks relief from the court in such an action shall make his or her application for such relief by electronic means as provided by the NYSCEF system. (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. (ii) The summons, complaint, petition, or judgment sought to be filed with the County Clerk contains an "et al" or otherwise does not contain a full caption; (3) if the named entity, pursuant to subsection (d)(1) of this Rule, cross-designates more than one individual, it must set out the matters on which each individual will testify. (3) More than one camera may be used, either in sequence or simultaneously. Historical Note At the end of the period, all challenges for cause to any prospective juror on the Panel must have been exercised by respective counsel. (4) Exemptions from MSC. Submissions should be by hard copy and electronically, as directed by 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. Adems, un fallo monetario afecta su crdito y puede afectar su capacidad de alquilar una casa, encontrar trabajo o solicitar un prstamo para comprar un automvil. In any case where the interests of justice will not be promoted by service of such reports and delivery of such authorizations, an order dispensing with either or both may be obtained. Amended (a) & (b) on Dec. 29. Conclusion of discovery and note of issue: scheduled to be held within 60 days of note of issue, except with leave of court on good cause shown; or if dispositive motions have been filed, within 60 days of the decision of those motions. Hyperlinks may not provide access to documents filed under seal or otherwise not in the public record. (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. Further authorizations to examine and make copies of additional hospital records, other records, x-ray or other technicians' reports as provided in paragraph (b)(2) of this section must also be delivered with the medical reports. Auf engelsk. 19, 2018, effective Jul 1, 2018, Added Rule 11-e (f) July 19, 2018, effective October 1, 2018, Added Rule 9-a July 25, 2018, effective October 1, 2018, Amended Rule 17 July 30, 2018, effective October 1, 2018, Amended Preamble November 19, 2018, effective January 1, 2019, Amended Rule 3(a) December 5, 2018, effective January 1, 2019, Amended Rule 10 March 22, 2019, effective July 1, 2019, Amended Rule 1 June 16, 2020, effective June 15, 2020, Amended Rule 11-gSeptember 23, 2020, effective October 13, 2020, Amended Rule 6 on September 29, 2020, effective November 16, 2020, Amended Rule 31 on January 21, 2021, effective March 1, 2021, Added Rule 35 on October 4, 2021, effective December 1, 2021, Added Rule 36 on October 19, 2021, effective December 13, 2021, Added Rule 37 & Appendix G on Dec. 7, 2021, effective December 15, 2021, Amended Rule 3(a) on Oct. 19, 2021, effective December 20, 2021, Amended Rule 30 on Jan. 7, 2022, effective February 1, 2022, Amended Rule 1, 8, 9, 11-c, 11-e, 11-g, and Appendices on Mar. (e) Upon trial, all parties shall be limited in their affirmative proof of value to matters set forth in their respective appraisal reports. (v) The paper sought to be filed: (A) is in an action subject to electronic filing pursuant to Rules of the Chief Administrator, (B) is not being filed electronically, and either (C) is not being filed by an unrepresented litigant who is not participating in e-filing, or (D) does not include the notice required by paragraph (1) of subdivision (d) of section 202.5-b of such Rules. Section 202.1 Application of Part; Waiver; Additional Rules; Application of CPLR; Definitions. 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. (2) promptly file a supplemental statement if any required information changes. 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. (2) Generally, a total of eight jurors, including two alternates, shall be selected. (4) Additional Requirement with Respect to Uncontested and Contested Unless otherwise directed by the court, prior to the commencement of the trial, each side shall mark its exhibits into evidence, subject to court approval, as to those to which no objection has been made. A court may deny or modify disproportionate requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final judgment. (e) Transfer into the Commercial Division. Oct. 7, 1999. (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. Motions for Summary Judgment; Statements of Material Facts. Part 10, Compliance Conference Order with Certification, Default Judgment and Judgment of Foreclosure and Sale, Order Confirming Referee Report & Judgment of Foreclosure & Sale. . 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. Amended on Dec. 29. APPENDIX C. COMMERCIAL DIVISION SAMPLE CHOICE OF FORUM CLAUSES. (b) If appellant does not comply herewith, the County Court may, upon respondent's motion or upon its own motion, dismiss the appeal. All such exhibits must contain exhibit tabs. No default judgment based on defendants failure to answer shall be entered if the additional notice is returned to the court as undeliverable, unless the address at which process was served matches the address of the defendant on a Certified Abstract of Driving Record issued from the New York State Department of Motor Vehicles. (2) such designation must include the identity, description or title of such individual(s); and Section 202.20-g Rulings at Disclosure Conferences. 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. Failure to file with the court a report in conformance with these requirements may, in the court's discretion, preclude the use of the expert. (5) Confidentiality. Section 202.20-b Limitations on Depositions. All papers for any judge that are filed in the clerk's office shall be promptly delivered to the judge by the clerk. Section 202.29 Settlement Conference Before a Justice Other than the Justice Assigned to the Case. 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) Inadvertent or unintentional production of ESI or documents containing information that is subject to the attorney-client privilege, work product protection, or other generally recognized privilege shall not be deemed a waiver in whole or in part of such privilege if the producing party (i) took reasonable precautions to prevent disclosure, and (ii) after learning of the inadvertent disclosure, promptly gave notice either in writing, or later confirmed in writing, to the receiving party or parties that such information was inadvertently produced and requests that the receiving party or parties return or destroy the produced ESI. If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the court by e-filing a copy of the stipulation and by a letter directed to the clerk of the part along with notice to chambers via telephone or e-mail. Rule 8. 22. (e) A subpoena must advise a nonparty entity of its duty to make the designations discussed in this Rule. filed Jan. 9, 1986; amd. (c) If so ordered, the parties shall submit to the court, before the commencement of trial, trial memoranda which shall be exchanged among counsel. This subdivision shall apply only in counties where the Chief Administrator of the Courts has established arbitration programs pursuant to Part 28 of the Rules of the Chief Judge of the State of New York pertaining to the arbitration of certain actions (22 NYCRR Part 28). (a) Form of Motion Papers. Rule 19. A single memorandum of no more than 7,000 words shall be submitted by each side. The court shall ensure that procedures are in place to note the vacatur of any defaults upon service and filing of answers pursuant to CPLR Rule 3408(m). (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. If there is no such part, petitions shall be returnable before the judge is assigned. (d) At the conclusion of the conference, the court shall make a written order including its directions to the parties as well as stipulations of counsel. of triable issues and proceedings to judicial hearing . . section 202.33 of the Rules of the Chief Administrator of the Courts. The lawsuit alleges that the Trumps committed extensive tax fraud from 2011 to 2021 and seeks to bar Trump, Trump Jr., Eric Trump, and Ivanka Trump from serving as an (d) In opening to the jury on the liability phase of the trial, counsel may not discuss the question of damages. (b) Any party may request oral argument of a motion by letter accompanying the motion papers. (2) Absent agreement by the parties, a request by any party for an adjournment shall be submitted in writing, upon notice to the other party, to the assigned judge on or before the return date. (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. (2) Original creditor means the financial institution that owned the consumer credit account at the time the account was charged off, even if that financial institution did not originate the account. In the event an attorney or party 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 this section, and the filer shall file those documents with the NYSCEF site within three business days after restoration of normal operations at that site. No proposed order should be submitted with motion papers on a dispositive motion. The court or the court's law clerks will attempt to address the matter through a telephone conference where possible. Section 202.10 Appearance at Conferences. (c) Counterclaims and Cross-Claims. 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. Applications for extension of a discovery deadline shall be made as soon as practicable and prior to the expiration of such deadline. (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. (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. The court may at any time order discontinuation of e-filing in such action or modification of e-filing procedures therein in order to prevent prejudice and promote substantial justice. 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. (5) Use of Referee. (vii) limiting issues and recording stipulations of counsel. Historical Note Nor shall the rule apply to motions to be relieved as counsel, for pro hac vice admission, for reargument or in limine. David A. Morris (h) If a verified complaint has been served, it may be used as the plaintiffs affidavit of facts where it satisfies the elements of the AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF. (b) In the event the parties wish to deviate from the form set forth in Appendix B, 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. (7) The selection of designated alternate jurors shall take place after the selection of the six jurors. Upon completion of jury selection, or upon removal of a prospective juror, the questionnaires shall be either returned to the respective jurors or collected and discarded by court staff in a manner that ensures juror privacy. If requested, the audit must be completed within 120 days after the request has been made unless the court, upon good cause shown, extends the time for the audit. Section 202.54 Proceedings relating to appointments of guardians with respect to patients in facilities defined in the Mental Hygiene Law. (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. (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. 202.28 Discontinuance of actions 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. The court shall order a preliminary conference in any action upon compliance with the requirements of this subdivision. Part 29 (a) General. (b) The court shall notify all parties of the scheduled conference date, which shall be not more than 45 days from the date the request for judicial intervention is filed unless the court orders otherwise, and a form of a stipulation and order, prescribed by the Chief Administrator of the Courts, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure within 12 months of the filing of the request for judicial intervention for a standard case, or within 15 months of such filing for a complex case. (v) limiting issues and recording stipulations of counsel. filed Jan. 9, 1986; amds. The court, in its notice to the parties setting the date for the conference, shall direct the petitioner to serve upon the respondent by a date certain before the date of the conference, the completed statement of income and expenses required by this section, together with any ancillary papers or documents that may be necessary. If, for any reason, counsel are not prepared to proceed on the scheduled date, the court is to be notified within ten days of the date on which counsel are given the trial date or, in extraordinary circumstances, as soon as reasonably practicable. Appendix A GUIDELINES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI) FROM NONPARTIES. (4) other methods that may be submitted to the Chief Administrator for use on an experimental basis by the appropriate Administrative Judge and approved by the Chief Administrator. A filing agent (other than one employed by a governmental entity) shall e-file a statement of authorization from counsel of record in an action, in a form approved by the Chief Administrator, prior to or together with the first e-filing in that action by the agent on behalf of that counsel. 202.42 Bifurcated trials Sec. (d) Application of CPLR. (ix) scheduling and conducting any additional conferences as may be appropriate. Attorney1 for (other party). 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