(2) Subject to meeting the jurisdictional requirements of subdivisions (a), (b) and (c) of this section and filing an RJI in compliance with subsection (d)(l) above, the parties to a contract may consent to the exclusive jurisdiction of the Commercial Division of the Supreme Court by including such consent in their contract. (k) Copyright, Confidentiality and Other Proprietary Rights. Such order shall set the time and date for the conference and shall specify the papers that shall be exchanged between the parties. 202.40 Jury trial of less than all issues; procedure The Notice shall be on a form prescribed by the Chief Administrator, and it shall set forth the purpose of the conference, the requirements of CPLR Rule 3408, instructions to the parties on how to prepare for the conference, and what information and documents to bring to the conference as specified in CPLR Rule 3408(e). (1) Uncontested matrimonial actions, proceedings for dissolution of marriages and applications of declaratory judgments shall be assigned to judges or special parts of court as the Chief Administrator shall authorize. 202.44 Motion to confirm or reject judicial hearing officer' s report . These calendars may include: (1) Preliminary Conference Calendar. 202.52 Deposit of funds by receivers and assignees For each category of documents that may be established, the producing party shall provide a certification, pursuant to 22 NYCRR 130-1.1a, setting forth with specificity those facts supporting the privileged or protected status of the information included within the category. . Unlike jurists in other civil parts in New Yorks court system, Commercial Division justices devote themselves almost exclusively to these complex commercial matters. (3) Where a person submitting a paper to a court for filing believes in good faith that the inclusion of the full confidential personal information described in subparagraphs (i) to (iv) of paragraph (1) of this subdivision is material and necessary to the adjudication of the action or proceeding before the court, he or she may apply to the court for leave to serve and file together with a paper in which such information has been set forth in abbreviated form a confidential affidavit or affirmation setting forth the same information in unabbreviated form, appropriately referenced to the page or pages of the paper at which the abbreviated form appears. (ii) How service is made. injury and wrongful death WebLizzie is skilled in using international arbitration to resolve complex, high-value disputes. Assignments shall be made by the clerk of the court pursuant to a method of random selection authorized by the Chief Administrator. At the discretion of the judge, the limits established may consist of a general period for the completion of the questioning, a period after which attorneys shall report back to the judge on the progress of the voir dire, and/or specific time periods for the questioning of Panels of jurors or individual jurors. (3) Exemption of counsel upon a showing of good cause. The court may order in any case that the money be deposited or invested pursuant to CPLR 1206(c) or held for the use and benefit of the infant, or incapacitated person as provided in CPLR 1206(d) and CPLR 1210(d). 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. 202.12-a Residential Mortgage Foreclosure Actions . Ex parte applications in actions or proceedings in the Supreme Court, and applications for the settlement of actions or proceedings pending in the Supreme Court, where judicial approval is necessary, may be heard and determined by a judge of the County Court in the county where venue is laid, during periods when no Supreme Court term is in session in the county. In a medical malpractice action or an action against a municipality seeking a sum of money only, where the party filing the note of issue is prohibited by the provisions of CPLR 3017(c) from stating in the pleadings the amount of damages sought in the action, the party shall indicate on the note of issue whether the amount of damages exceeds $6,000, exclusive of costs and interest. Rule 13. Default Judgment and Judgment of Foreclosure and Sale Added July 19, 2019 effective July 31, 2019, PART 202. Documents in a foreign language shall be translated as required by CPLR 2101(b). If it does not, the party shall also indicate if it exceeds $2,000, exclusive of costs and interest. (4) Matters requiring immediate disposition may be assigned to a judge designated to hear such matters when the assigned judge is not available. At the same time, the Commercial Divisions judiciary is strongly committed to the ongoing development of New Yorks commercial bar and, in that spirit, has instituted practices encouraging the participation of less experienced members of that bar in substantive and meaningful ways (including presentation of motions or examination of witnesses) in matters before it. Historical Note 202.8-b Length of Papers. Notice of such substitution and change in title shall be given to the assigned judge and to the clerk within 10 days of the date of an order or stipulation effecting the party substitution or title change. The submission of direct testimony in affidavit form shall not affect any right to conduct cross-examination or re-direct examination of the witness. Part 41, Hon. . (2) Every videotaped deposition shall be timed by means of a time-date generator which shall permanently record hours, minutes and seconds. The court also may direct that a list of expert witnesses be filed with the court within 30 days of the conference from which the court may select a neutral expert to assist the court. 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. (i) The County Clerk or clerk of the court shall refuse to accept for filing a default judgment application that does not comply with the requirements of this section. In any proceeding in which the custody of a child is to be determined, the court, when it has reason to believe that the child is an Indian child within the meaning of the Indian Child Welfare Act of 1978 (92 St. 3069), shall require the verification of the childs status in accordance with that Act and, proceed further, as appropriate, in accordance with the provisions of that Act. (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. Historical Note Such means may include technology-assisted review, including predictive coding, in appropriate cases. A copy of any demand for arbitration, election of arbitration or concession of liability is attached. (b) The following shall apply to a special proceeding governed by this section: (1) Venue. (1) Stipulations of adjournment of the return date made by the parties shall be in writing and shall be submitted to the assigned judge. (4) Additional Requirement with Respect to Uncontested and Contested 202.54 Proceedings relating to appts. Attorney1 for (other party) (4) Following questioning and the exercise of challenges for cause, peremptory challenges shall be exercised one at a time and alternately as follows: In the first round, in caption order, each attorney shall exercise one peremptory challenge by removing a prospective juror's name from a "board" passed back and forth between or among counsel. (e) Parties relying solely on hospital records may so certify in lieu of serving medical providers' reports. Unless otherwise stipulated, the examination shall be held not less than 30 nor more than 60 days after service of the notice. 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. (b) Commencement of Actions Under this Section. (4) Appraisal reports shall comply with any official form for appraisal reports that may be prescribed by the Chief Administrator of the Courts. Interrogatories are limited to 25 in number, including subparts, unless the parties agree or the court orders otherwise. (iv) The paper is not signed in accordance with section 130-1.1-a of the Rules of the Chief Administrator; or (b) Absent exigent circumstances, prior to contacting the court regarding a disclosure dispute, counsel must first consult with one another in a good faith effort to resolve all disputes about disclosure. Hon. Where a pre-trial conference is scheduled, or otherwise prior to the commencement of opening statements, counsel shall be prepared to discuss all matters as to which there is disagreement between the parties and settlement of the matter, and the court may require the parties to prepare a written stipulation of undisputed facts. (2) The judge presiding at the preliminary conference shall take whatever action is warranted to expedite final disposition of the case, including but not limited to: (i) directing any party to utilize or comply by a date certain with any pretrial disclosure or bill of particulars procedure authorized by the Civil Practice Law and Rules; (ii) directing the parties to obtain appraisals and sales reports, and to exchange and file appraisal reports and sales reports by dates certain before the trial; (iii) directing the filing of a note of issue and certificate of readiness; (iv) fixing a date for trial, or by which the parties must be ready for trial; (vi) conducting conferences for the purpose of facilitating settlement; and. Counsel may bring a client representative or outside expert to assist in such discussions. filed: March 25, 1987; Feb. 16, 1988; Nov. 30, 1993; July 5, 1994; Feb. 12, 1996; March 25, 1996; Feb. 5, 1997; Oct. 9, 1997; Jan. 8, 1998; July 26, 2000; June 14, 2001 Added 202.70 on Jan. 17, 2006, Amended Rule 13 of section 202.70(g) on Sept 23, 2013 Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code. (f) Certification. The exclusionary rule was created by the Supreme Court over 100 years ago in Weeks v. United States1. (a) General. As far as practicable, the application shall be brought in the county in which it arose. (4) After challenges for cause are exercised, the number of prospective jurors remaining shall be counted. 202.5-c Electronic Document Delivery System (2) There shall be a Unified Court System Uncontested Divorce Packet which shall contain the official forms for use in uncontested matrimonial actions. Amended (h)(2) on Apr. (d) Pretrial Proceedings. A document other than an order or judgment is filed when its electronic transmission or, in the case of a petition that is e-filed by submission of a text file as provided in subdivision (b)(1) of this section, the electronic transmission of the text file is recorded at that site, provided, however, that where payment of a fee is required upon the filing of a document, the document is not filed until transmission of the document and the information or form or information as required in (i), (ii) or (iii) of paragraph (2) of this subdivision has been recorded at the NYSCEF site; or, if no transmission of that information or form or information is recorded, where permitted by the County Clerk, until payment is presented to the County Clerk. This sample provision 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, and any other applicable rules and regulations. Rule 1. An electronically filed document shall be considered to have been signed by, and shall be binding upon, the person identified as a signatory, if: (i) it bears the physical signature of such person and is scanned into an electronic format that reproduces such signature; or, (ii) the signatory has electronically affixed the digital image of his or her signature to the document; or, (iii) it is electronically filed under the User ID and password of that person; or. filed: Feb. 16, 1988; Sept. 22, 1993 eff. On the stub of each check shall be noted the number, the date, the payee's name and the purpose for which the check is drawn. Special proceedings shall be commenced and heard in the same manner as motions that have not yet been assigned to a judge as set forth in section 202.8 of this Part, except that they shall be governed by the time requirements of the CPLR relating to special proceedings. (i) Upon the filing of an assignment, the court, upon application, may stay any prospective sale or transfer to enforce a lien against property in the custody of the court, whether by a secured creditor, a judgment creditor, a lienor or otherwise. Section 202.46 Damages, inquest after default; proof. In addition, the statement to be submitted by counsel shall contain categories of information about the case prescribed by the Office of Court Administration which may assist the court, counsel and the parties in considering the role mediation might play in the resolution of the case. (5) Neither party shall change the beneficiaries of any existing life insurance policies, and each party shall maintain the existing life insurance, automobile insurance, homeowners and renters insurance policies in full force and effect. This notification shall be made in addition to the filing of a stipulation with the County Clerk. Correspondence sent by fax should not be followed by hard copy unless requested. 202.42 Bifurcated trials The cost of videotaping or audio recording shall be borne by the party who served the notice for the videotaped or audio recording of the deposition, and such cost shall be a taxable disbursement in the action unless the court in its discretion orders otherwise in the interest of justice. (1) A signed copy of the attorney's retainer agreement with the client shall accompany the statement of net worth filed with the court, and the court shall examine the agreement to assure that it conforms to Appellate Division attorney conduct and disciplinary rules. (c) Any written description of a partys claims/defenses provided under this Rule is not binding and does not limit the scope of a partys pleadings. (d) The costs and burdens of discovery of ESI shall be proportionate to its benefits, considering the nature of the dispute, the amount in controversy, and the importance of the materials requested to resolving the dispute. Except as otherwise provided in this section, filing and service of all documents in an action that has been commenced electronically in accordance with this section shall be by electronic means. (c) Where the trial is by jury, counsel shall, on the first day of the trial or such other time as the court may set, provide the court with case-specific requests to charge and proposed jury interrogatories. You cannot be arrested or sent to jail for owing a debt. The court may order a referee to hear and determine such a special proceeding. Where a jury trial has been demanded, the action or special proceeding shall be scheduled for jury trial upon payment of the fee prescribed by CPLR 8020 by the party first filing the demand. A military calendar is for cases where a party to an action or a witness necessary upon the trial is in military service, and is not presently available for trial, and a deposition cannot be taken, or, if taken, would not provide adequate evidence. Section 202.62 Payment of eminent domain award to other than the named awardee. (1) Composition. (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. Failure to appear shall result in the petition being dismissed or in the petition being determined upon inquest by the hearing officer based upon the available evidence submitted. (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. (d) Readiness for Trial. Where the address of either party and any child or children is unknown and not a matter of public record, or is subject to an existing confidentiality order pursuant to DRL 254 or FCA 154-b, such applications may be brought in the County where the Judgment was entered; and it is further. (5) In accordance with Section 202.20-c(f), absent good cause, a party may not use at trial or otherwise any document which was not produced in response to a request for such document or category of document, which request was not objected to, or, if objected to, such objection was overruled by the court, provided, however, the court may exercise its discretion to impose such other, further, or additional penalty for non-disclosure as may be authorized by law and which may be more appropriate in a matrimonial action than preclusion or where there is a continuing obligation to update (e.g., updated tax returns, W-2 statements, etc.). The four possible settlement conference tracks are as follows: (A) The parties may agree to have a settlement conference before the assigned justice or another judge pursuant to Commercial Division Rule 3(b). Upon such sale, the assignee shall sell by printed catalogue, in parcels, and shall file a copy of such catalogue, with the prices obtained for the goods sold, within 20 days after the date of such sale. filed June 17, 1987; amds. (a) Applicability. All e- filed documents shall comply with the technical requirements set forth at the NYSCEF site. 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. (i) from the Supreme Court and County Court of Suffolk County to the District Court of Suffolk County. June 11, 2001. (a) Each court appearance for oral argument on a motion shall be assigned either a set time or a time interval during which the appearance is expected to be held. If fewer prospective jurors are needed due to the use of designated alternate jurors or for any other reason, the size of the Panel may be decreased. In any action subject to e-filing, all documents required to be filed with the court by an e-filing party shall be filed and served electronically, except as provided in this section. (5) Procedures applicable to e-filing attorneys and other persons. With the exception of deadlines that by law cannot be extended, the time for filing of any document that is delayed due to technical failure of the site shall be extended for one day for each day on which such failure occurs, unless otherwise ordered by the court. 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. 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. Any P.O. (b) No funds shall be withdrawn from a receiver's or assignee's account, and no check thereon shall be honored, unless directed by court order or the check is countersigned by the receiver's or assignee's surety. (e) Witnesses and defending attorneys shall have the right to review exhibits at the deposition independently to the same degree as if they were given paper copies. A counterclaim or cross-claim which is not entitled to a preference shall not itself defeat the plaintiff's right to a preference under this section. Notwithstanding NYCRR 202.11, no prior consultation is required where either or both of the parties is self-represented. (5) Use of Referee. Currently a Senior Registered Foreign Lawyer (England and Wales) in Allen & Overys Asia-Pacific Arbitration Group based in Hong Kong, she previously practised at Three Crowns in (i) Consent of the parties required. (2) The clerk promptly shall mail to the defendant the envelope containing the additional notice set forth in paragraph (1). Except for good cause shown, the reports exchanged between the parties shall be the only reports admissible at trial. If the Panel determines to direct coordination, it shall issue an administrative order identifying the actions that shall be coordinated. Amended (a). (l) Public view of documents containing social security numbers. (5) Every assignee shall keep full, exact and regular books of account of all receipts, payments and expenditures of monies. (3) Submissions to the neutral conducting the MSC. Non-compliance with such an order may result in the imposition of an appropriate sanction against that party pursuant to CPLR 3126. 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. Oct. 7, 1999. B. 202.38 [Reserved] (c) The contents and form of each appraisal report, including any rebuttal, amended or supplementary report, shall conform to the requirements of sections 202.59(g) and 202.60(g) of this Part.