Part 14 Commercial Part 46 (1) Where the requirements of matters already assigned to a judge are such as to limit the ability of that judge to handle additional cases, the Chief Administrator may authorize that new assignments to that judge be suspended until the judge is able to handle additional cases. 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. Documents may be transmitted at any time of the day or night to the NYSCEF site. Notice of all such technical failures shall be provided on the site. (c) Each electronically submitted memorandum of law or other document that cites to another document previously filed with NYSCEF shall include a hyperlink to the NYSCEF docket entry for the cited document enabling access to the cited document through the hyperlink. of guardians w respect . Nothing in the Rule shall preclude or replace any settlement practices used by the court, by any individual justice, or as agreed to by the parties and the assigned justice shall retain ultimate authority with respect to each aspect of the MSC. (d) Result of Preference Being Granted. Hon. (f) Whenever the patient, or a person on behalf of the patient, or the director requests a court hearing, at least five days notice, if notice is given personally or by delivery at the home of the person receiving notice, or eight days notice, if notice is given by mail, excluding Sundays and holidays, of the date and place of the hearing, shall be given to the patient and any person requesting the hearing. (e) With respect to a patient in a facility located in a judicial department other than the department where the proceeding is initiated, copies of the application, order or proof of qualification shall be served upon the directors in both departments. Except as otherwise provided in this section, every action authorized by subdivision (a) of this section shall be commenced by electronically filing the initiating documents with the County Clerk through the NYSCEF site. (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. WebThe Supreme Court Historical Society exists to preserve the courts history and educate the public about the courts importance in American life. But in reality, this "charity" collects donations from those seeking to influence the court. Counsel may be permitted to ask follow-up questions. Section 202.11 Consultation prior to Preliminary and Compliance Conference. 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. filed Jan. 9, 1986; amds. (5) Technical data, such as recording speeds and other information needed to replay or copy the tape, shall be included on copies of the videotaped deposition. (2) No motion shall be heard unless the moving papers include a statement of net worth in the official form prescribed by subdivision (b) of this section. Use of Recycled Paper Part 216. (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. injury and wrongful death The court shall, on application of any party, or on its own motion, confirm or disaffirm the referee's report; such report shall then be reviewed only by appeal to the Appellate Division. After commencement of an action wherein e-filing is authorized, documents may be electronically filed and served, but only by, and electronic service shall be made only upon, a party or parties who have consented thereto. However, if an individual is appearing as a self-represented person, that individual must appear at each and every scheduled court appearance regardless of whether he or she anticipates being heard. (ii) Do any of the parties intend to seek or rely upon ESI; Appearance by Counsel with Knowledge and Authority. (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. (2) Emergency exception. Unless otherwise directed by the court, a single memorandum no longer than 25 pages shall be submitted by each side and no memoranda in response shall be submitted. Unless otherwise directed by the court, any document placed in restricted status in response to such a request shall be returned to public view upon expiration of this five day period. (3) Identification and password. To the extent that the collection process and parameters are disclosed to the other parties and those parties do not object, that fact may be relevant to the Court when addressing later discovery disputes. The e-mail service address recorded at the time of registration is the e-mail address at which service of interlocutory documents on that party may be made through notification transmitted by the NYSCEF site. . Unlike jurists in other civil parts in New Yorks court system, Commercial Division justices devote themselves almost exclusively to these complex commercial matters. (b) Preliminary injunction motions, including but not limited to those instances where the parties are willing to consent to the hearing being on the merits; Historical Note No person who is appointed a hearing officer shall, in any public advertisement published or distributed to advance such person's business or professional interests, refer to his or her status as a hearing officer. (5) Parties and non-parties should adhere to the Electronically Store Information (ESI) Guidelines set forth in an Appendix to the Uniform Civil Rules. The utilization of the requirement to move by order to show cause or notice of motion shall be governed by local part rule. Section 202.20-j Adherence to the Electronically Stored Information (ESI) Guidelines Set Forth in Appendix Hereto. 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. 202.20-b Limitations on Depositions. 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. All references to the trial judge in this section shall include any judge designated by the administrative judge in those instances where the case processing system or other logistical considerations do not permit the trial judge to perform the acts set forth in this section. 202.55 Procedure for perfection of civil appeals to the County Court (1) For purposes of this section a consumer credit transaction means a revolving or open-end credit transaction wherein credit is extended by a financial institution, which is in the business of extending credit, to an individual primarily for personal, family or household purposes, the terms of which include periodic payment provisions, late charges and interest accrual. and instructions in the Unified Court System Uncontested Divorce Packet as set forth in (v) Notwithstanding 22 NYCRR 202.5 -a, papers and correspondence may be transmitted to the court by fax by a self-represented party without prior court approval unless prohibited by a local part rule or judicial order. 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. 202.20-j Parties and nonparties should adhere to the Electronically Stored Information (ESI) guidelines set forth in Appendix hereto. After assignment to the judge, the court shall provide for appropriate notice to the parties of the name of the assigned judge. Charged-off consumer debt means a consumer debt that has been removed from an original creditors books as an asset and treated as a loss or expense. Rule 11-g. Documents in a foreign language shall be translated as required by CPLR 2101(b). Part 30 However, in the case of the taking of a deposition upon notice by audio recording alone, any party, at least five days before the date noticed for taking the deposition, may apply to the court for an order establishing additional or alternate procedures for the taking of such audio deposition, and upon the making of the application, the deposition may be taken only in accordance with the court order. v. public access to remote proceedings. 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. Office and P.O. Unless otherwise directed by the Court or provided in the Courts individual rules, all text in briefs and affidavits, including footnotes, shall use proportionally spaced 12-point serif typeface. 202.59 Tax assess. Upon the filing of the schedule and inventory, the amount of the bond shall be determined finally. Forms shall be available at no cost at each County Clerk's office within the City of New York. (7) any other matters that the court may deem relevant. shall post prominently in the public areas of his or her office notice that filing of papers in order to commence an action or special proceeding must be with the county clerk. Where substitution of counsel occurs after the filing with the court of the net worth statement, a signed copy of the attorney's retainer agreement shall be filed with the court within 10 days of its execution. 2020, effective February 1, 2021. WebUniform Rules for the New York City Civil Court Part 210. (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. (a) A judge to whom cases are assigned under the individual assignment system may establish such calendars of cases as the judge shall deem necessary or desirable for proper case management. (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. (1) On consent, documents may be filed and served by electronic means in Supreme Court in such civil actions and in such counties as shall be authorized by order of the Chief Administrator of the Courts and only to the extent and in the manner provided in this section. Order Confirming Referee Report & Judgment of Foreclosure & Sale, Affirmation of Good Faith An application by a receiver for final settlement of his or her account, or by an assignee for leave to sell assets, shall include a County Clerk's certificate stating the date that the bond of the applicant was filed, that it is still on file and that no order has been entered cancelling the bond or discharging the surety thereon. (ii) Notification. The court may permit counsel to leave, provided that counsel remain in telephone contact with the court. (1) The assignor shall deliver all books, records and documents to the assignee immediately upon filing the assignment, but the assignee shall make them available to the assignor to prepare the schedules. (b) In such a case, the papers opposing a motion for summary judgment shall include a correspondingly numbered statement responding to each numbered paragraph in the statement of the moving party. (4) Matters requiring immediate disposition may be assigned to a judge designated to hear such matters when the assigned judge is not available. 202.32 Engagement of counsel If an audit is requested and the petitioner fails to furnish its books and records within a reasonable time after receipt of the request, or otherwise unreasonably impedes or delays the audit, the court, on motion of the respondent, may dismiss the petition or petitions or make such other order as the interest of justice requires. The auctioneer's fee for conducting the sale shall be as prescribed by law. In that event, examination after institution of the action may be waived. Historical Note (3) Coordination with Federal or Other States' Actions. (i) E-mail address for service. Unless otherwise stipulated, the examination shall be held not less than 30 nor more than 60 days after service of the notice. Section 202.51 Proof required in dissolution proceedings. When a document has been filed electronically pursuant to this section, the official record shall be the electronic recording of the document stored by the County Clerk. (c) Copies of the reports of the medical providers making examinations pursuant to this section shall be served on all other parties within 45 days after completion of the examination. . . (a) A party may request a preliminary conference at any time after service of process. 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