. The UTCR promote the just, speedy and inexpensive resolution of cases, the efficient use of court resources and a uniform, consistent practice across the state. (5) the right to discovery, except to such discovery as the parties might otherwise agree or as follows: (i) There shall be no more than seven (7) interrogatories and five (5) requests to admit; (ii) Absent a showing of good cause, there shall be no more than seven (7) discovery depositions per side with no deposition to exceed seven (7) hours in length. Applications for extension of a discovery deadline shall be made as soon as practicable and prior to the expiration of such deadline. (b) With respect to telephone conferences, upon request of a party and if the court so directs, the parties shall agree upon and jointly submit to the court within one (1) business day of the telephone conference a stipulated proposed order, memorializing the resolution of their discovery dispute. The County Clerk shall forward one of the duplicate originals of the note of issue to the clerk of the trial court stamped "Fee Paid" or "Poor Person Order.". After the time provided in the notice of hearing shall have expired, or within such further time as may have been allowed by the court, if there have been no appearances or answers to the petition, the petitioner may apply to the appropriate part or judge for a final order and judgment of registration, as provided for in the law. 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. (iii) bringing such special proceeding against the respondent to invalidate the false filing or amendment of such financing statement. Such requests will be granted in the court’s discretion for good cause shown; however, nothing contained in this subsection (d) is intended to limit any rights which counsel may otherwise have to participate in court proceedings by appearing in person. Electronic Filing in Supreme Court; Mandatory Program. The timeframes must be complied with unless otherwise shortened or extended by the court depending upon the circumstances of the case. Amended (c)(2) on November 5, 2014, effective December 1, 2014. . This section shall apply when related actions are pending in the courts of the Unified Court System in more than one judicial district and it may be appropriate for these actions to be coordinated pursuant to the criteria and procedures set forth in this section. This notification shall be made in addition to the filing of a stipulation with the County Clerk. These orders shall remain in full force and effect during the pendency of the action unless terminated, modified or amended by further order of the court or upon written agreement between the parties. . PREAMBLE Rule 1.1. (2) There also is established in the Supreme Court in each county within the City of New York a program to hear special proceedings for small claims sidewalk assessment review pursuant to section 19-152.3 of the Administrative Code of the City of New York. filed: Feb. 16, 1988; Nov. 19, 1992; Dec. 14, 1992; Feb. 12, 1996; Aug. 4, 1998; Jan. 6, 1999 eff. Once a trial date is set, counsel shall immediately determine the availability of witnesses. Counsel at all court appearances should be fully familiar with the case, fully prepared to discuss pending matters competently, authorized to enter into substantive and procedural agreements on behalf of their clients, and authorized to enter into a disposition of the case. (7) Exhibits and other documents in hard copy. of triable issues and proceedings to judicial hearing . Late retention of experts and consequent late submission of reports shall be permitted only upon a showing of good cause as authorized by CPLR 3101(d)(1)(i). The court will notify the requesting party whether the adjournment has been granted. UNIFORM FORMS RULE 7. 202.66 Workers' compensation settlements If so provided by the Chief Administrator, registration shall not be complete until the registering person has been approved as an e-filing user. Section 202.15 Videotape recording of civil depositions. In determining whether the action will be reached for trial in the lower court within 30 days, the judge shall consult with the administrative judge of his or her court, who shall advise, after due inquiry, whether calendar conditions and clerical considerations will permit the trial of actions in the lower court within the 30-day timeframe. 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. . 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. Amended (f)(1). (2) a copy of the bill of particulars, if any. Any issues with respect to fault, custody and finance that are not specifically described in writing or on the record at that time may not be raised in the action unless good cause is shown. 202 - Uniform Civil Rules For The Supreme Court And The County Court; 205 - Uniform Rules For The Family 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 (b) The petition or affidavit in support of the application also shall set forth the total amount of the charge incurred for each doctor and hospital in the treatment and care of the infant, or incapacitated person and the amount remaining unpaid to each doctor and hospital for such treatment and care. These shall comply with the requirements of paragraph (b)(1) of this section. (1) The court may appoint a referee to take and state any contested account or to hear and report on any issue of fact raised in an application to the court by any interested party. Notwithstanding paragraph (1) of this subdivision, where documents are required to be filed and served electronically in accordance with such paragraph (1), such documents may nonetheless be filed and served in hard copy where permitted by paragraph (1) of subdivision (d) of section 202.5-b of these rules. All parties are directed to exchange e-mail addresses with each other at the commencement of the case and to keep these e-mail addresses current, in order to facilitate notification by the person(s) receiving the court notification. (vi) it otherwise bears the electronic signature of the signatory in a format conforming to such standards and requirements as may hereafter be established by the Chief Administrator. April 1, 1988. Calendaring of motions; uniform notice of motion form; . A preliminary conference shall be held within 45 days of assignment of the case to a Commercial Division justice, or as soon thereafter as is practicable. Contact Us. The filing stamp shall be proof of the fact of entry and the date and time thereof. Historical Note 202.9 Special proceedings After such issues are disposed of, either or any party to the registration proceeding may apply to the appropriate part or judge, upon eight days' notice to all who have appeared in the registration proceeding, for a final order and judgment of registration, and on such application the court shall try all other issues in the proceeding not disposed of by the jury, or may refer any such issues undisposed of to be tried by an official examiner of title as referee. Rules of the Commercial Division of the Supreme Court. Notwithstanding any other provision of this section, and subject to such guidelines as may be established by the Chief Administrator, the County Clerk or his or her designee may require or permit a party to file in hard copy, in accordance with procedures set by the County Clerk or designee, an exhibit or other document which it is impractical or inconvenient to file electronically. (a) Trial Judge. (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. (1) In original creditor actions, the affidavit set forth in subsection (c), effective October 1, 2014. (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. 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. Non-compliance with such an order may result in the imposition of an appropriate sanction against that party pursuant to CPLR 3126. (1) In all actions and 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 request for judicial intervention is filed. If an RJI is filed within the 90-day period following service of the complaint and the case is assigned to a noncommercial part because the filing party did not designate the case as "commercial" on the RJI, any other party may apply by letter application (with a copy to all parties) to the Administrative Judge, within ten days after receipt of a copy of the RJI, for a transfer of the case into the Commercial Division. At its initiative or upon request, the UCS may at any time issue a new User ID or password to any authorized e-filing user. At the time of certification of the matter as ready for trial or at any time after the discovery cut-off date, the court may schedule a settlement conference which shall be attended by counsel and the parties, who are expected to be fully prepared to discuss the settlement of the matter. A location in which a hearing is held pursuant to this section shall be deemed a "facility designated for court appearances" within the meaning of section 122.8. Where a particular part has been designated for this purpose as a title part under the provisions of section 371 of such law, all petitions to register titles to land under the law must be returnable at the said title part. (a) In any discontinued action, the attorney for the defendant shall file a stipulation or statement of discontinuance with the county clerk within 20 days of such discontinuance. No action or special proceeding shall be deemed ready for trial or inquest unless there is first filed a note of issue accompanied by a certificate of readiness, with proof of service on all parties entitled to notice, in the form prescribed by this section. Section 202.25 Objections to Applications for Special Preference. Amended (a). (e) Exemptions From the Requirement of Electronic Filing. (b) The notice of motion shall read substantially as follows: __________________ COURT OF THE STATE OF NEW YORK. The court will rule upon the objections at the earliest possible time after consultation with counsel. (g) Addition of Parties in a Pending E-Filed Action. The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and index number of the action in which they are filed, the judge's name and the name of the attorney or party submitting them. (1) If no objections have been made by any of the parties during the course of the deposition, the videotape deposition may be filed by the proponent with the clerk of the trial court and shall be filed upon the request of any party. filed: Feb. 16, 1988; Dec. 14, 1992 eff. (2) "Facsimile transmission" for purposes of these rules shall mean any method of transmission of documents to a facsimile machine at a remote location which can automatically produce a tangible copy of such document. (2) Three copies of the petition shall be filed with the County Clerk in the county in which the property is located, provided that at least 30 days have elapsed from the presentation of the notice of claim to the Office of the Comptroller pursuant to section 19-152.2 of the Administrative Code. The petition may be filed with the County Clerk by ordinary mail if mailed within the 30-day time period, or in the City of New York, if mailed prior to the 25th day of October, as evidenced by the postmark. The Uniform Trial Court Rules, as amended below, are adopted and are effective August 1, 2020, pursuant to ORS 1.002. (3) Certification of Signature. Unless otherwise stipulated or ordered by the court, expert disclosure must be accompanied by a written report, prepared and signed by the witness, if either (1) the witness is retained or specially employed to provide expert testimony in the case, or (2) the witness is a party's employee whose duties regularly involve giving expert testimony. Consolidation or joint trial of real property tax assessment review proceedings in the discretion of the court shall be conditioned upon service having been made of the verified or certified income and expense statement, or a statement that the property is not income-producing, for each of the tax years under review. If any party desires at the trial to offer the testimony of additional treating or examining medical providers, other than whose medical reports have been previously exchanged, the medical reports of such medical providers, complying with the requirements of paragraph (b)(1) of this section, shall be served upon all parties at least 30 days before trial. (a) When a judicial hearing officer or referee appointed to hear and report has duly filed his or her report, together with the transcript of testimony taken and all papers and exhibits before him or her in the proceedings, if any, and has duly given notice to each party of the filing of the report, the plaintiff shall move on notice to confirm or reject all or part of the report within 15 days after notice of such filing was given. Section 202.18 Testimony of court-appointed expert witness in matrimonial action or proceeding. (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. Uniform Civil Rules For The Supreme Court And The County Court, Amended (b)(2)(ii)-(iv), (d)(1)-(7), (f)(2)(i)-(ii), (g), (h)(1)-(h)(2), (k)(2), (l) 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. Historical Note Any party claiming a preference under CPLR 3403(7) may apply to the court in the manner prescribed by that section. The court may permit counsel to leave, provided that counsel remain in telephone contact with the court. 202.15 Videotape recording of civil depositions Historical Note (3) Standards for Coordination. Where an application for an order to take a videotaped deposition is made, the application and order shall contain the same information. (b) Commencement of Actions Under this Section. Sec. However, if the verdict of the jury shall be in favor of the plaintiff on the liability issue or in favor of the defendant on any counterclaim on the liability issue, all parties shall then be afforded an opportunity to address the jury on the question of damages before proof in that regard is presented to the jury. If the property is income-producing, the petitioner must serve the statement of income and expenses on forms provided by the Tax Certiorari Division of the Office of the Corporation Counsel of the City of New York. (a) General. (2) At the pretrial conference, the court shall fix a date for the commencement of trial, which shall be no later than eight weeks after the date of the conference. 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. APPELLATE COURTS: Supreme Court of Georgia Recent Orders - Amending Supreme Court, Uniform and Other Rules Court of Appeals of Georgia UNIFORM RULES: Superior Court Rules Forms State Court Juvenile Court (1) Service of initiating documents in an action. Any party who fails to file an appraisal report as required by this section shall be precluded from offering any appraisal testimony on value. Documents in a foreign language shall be properly translated. Such stub shall be 3 5/8 x 8 1/2 inches and shall have imprinted thereon the name and address of the issuing County Clerk. (1) At the time of filing with the clerk the proof of service of the summons and complaint in an action arising from a consumer credit transaction, or at any time thereafter, the plaintiff shall submit to the clerk a stamped unsealed envelope addressed to the defendant together with a written notice, in both English and Spanish, containing the following language: SUPREME/DISTRICT/CITY COURT. Section 202.10 Appearance at Conferences. State alleged medical specialty of each individual defendant, if known. (c) Prior to the making or filing of a motion, counsel for the moving party shall advise the Court in writing (no more than two pages) on notice to opposing counsel outlining the issue(s) in dispute and requesting a telephone conference. The court may also use the conference for whatever other purposes the court deems appropriate. (a) Papers and correspondence by fax. The request shall state the title of the action; index number; names, addresses and telephone numbers of all attorneys appearing in the action; and the nature of the action. (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. Sec. (b) In order for the court to be able to address any and all matters of concern to the court and in order for the court to avoid the appearance of holding ex parte communications with one or more parties in the case, even those parties who believe that they are not directly involved in the matter before the court must appear at the appointed date and time assigned by the court unless specifically excused by the court. When an action becomes subject to e-filing, the court may direct that documents previously filed in the action in hard copy be filed electronically by the parties. Historical Note Each party receiving the notification shall be responsible for accessing the NYSCEF site to obtain a copy of the document received. (b) Papers submitted in digital format. ", APPENDIX D. COMMERCIAL DIVISION SAMPLE CHOICE OF LAW PROVISION. (2) Failure to comply with any order or directive of the court authorized by this subdivision shall be subject to the appropriate sanctions. The face of the envelope also shall contain, in the form of a return address, the appropriate address of the clerk's office to which the defendant should be directed. As far as practicable, the application shall be brought in the county in which it arose. If it does not, the party shall also indicate if it exceeds $2,000, exclusive of costs and interest. 202.71 Section 202.71 Recognition of Tribal Court Judgments, Decrees and Orders (d) Audit. Section 202.59 Tax assessment review proceedings in counties outside the City of New York; special rules. Prior to the pretrial conference, counsel shall confer in a good faith effort to identify matters not in contention, resolve disputed questions without need for court intervention and further discuss settlement of the case. If the witness has not waived the right to a showing and examination of the videotape deposition, the witness shall also sign the certification in accordance with the provisions of section 3116 of the Civil Practice Law and Rules. (5) Hearing officers shall serve at the pleasure of the Chief Administrator, and their appointments may be rescinded by the chief administrator at any time. 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. In the event that a party objects to this procedure or timetable, the parties shall request a conference to discuss the objection with the court. (d) All appraisals of fixtures submitted on behalf of the claimants and the condemnor for which claim is made shall be filed and distributed as provided by these rules with respect to appraisal reports and shall set forth the appraisal value of each item in the same numerical order as in the inventory annexed to the claim. (ii) a person identified as a debtor in a financing statement filed pursuant to Subpart one of Part five of Article nine of the Uniform Commercial Code; and. The depository shall furnish monthly statements to the receiver or assignee and to the attorney for the receiver or the assignee. An attorney who waives a challenge may not thereafter exercise a peremptory challenge. If plaintiff fails to make the motion, the defendant shall so move within 30 days after notice of such filing was given. Before the note of issue and certificate of readiness may be filed, the petitioner shall have served on the respondent, in triplicate, a statement that the property is not income- producing, or a copy of a verified or certified statement of the income and expenses on the property for each tax year under review. 202.34 [Reserved] (b) Failure to submit the order or judgment timely shall be deemed an abandonment of the motion or action, unless for good cause shown. 202.32 Engagement of counsel Sec. The Chief Administrator of the Courts, in consultation with the Presiding Justice of each Appellate Division, shall create a Litigation Coordinating Panel composed of one justice of the Supreme Court from each judicial department of the State. The transcript, corrected if necessary on motion or by stipulation of the parties approved by the court, shall have the force and effect of an order of the court. (v) residential foreclosure actions involving a home loan as such term is defined in section 1304 of the real property actions and proceedings law other than actions commenced prior to September 1, 2017 in Erie, Essex, New York, Queens, Rockland, Suffolk 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; and Submission of Information; Certification Relating to Alternative Dispute Resolution. (2) The clerk promptly shall mail to the defendant the envelope containing the additional notice set forth in paragraph (1). Sec. (h) Reports of Pending Motions in the Supreme Court. Filing of a note of issue and certificate of readiness is not required for an application for court approval of the settlement of the claim of an infant, incompetent or conservatee. . (1) Upon the filing of the note of issue and certificate of readiness, the court, if it has not previously so directed, shall direct that appraisal reports and sales reports be obtained and that appraisal reports and sales reports be exchanged and filed by a date certain a specified time before the date scheduled for trial. Rule 6.1 - Filing. Section 202.54 Proceedings relating to appointments of guardians with respect to patients in facilities defined in the Mental Hygiene Law. If counsel are unable to resolve any disclosure dispute in this fashion, counsel for the moving party shall submit a letter to the court not exceeding three single-spaced pages outlining the nature of the dispute and requesting a telephone conference. (c) The final order in an election proceeding shall state the determination and the facts upon which it was made. (1) The judge, assigned to the medical, dental or podiatric malpractice action, as soon as practicable after the filing of the notice of medical, dental or podiatric malpractice action, shall order and conduct a preliminary conference and shall take whatever action is warranted to expedite the final disposition of the case, including but not limited to: (i) directing any party to utilize or comply forthwith with any pretrial disclosure procedure authorized by the Civil Practice Law and Rules; (ii) fixing the date and time for such procedures, provided that all such procedures must be completed within 12 months of the filing of the notice of medical, dental or podiatric malpractice action unless otherwise ordered by the court; (iii) establishing a timetable for offers and depositions pursuant to CPLR 3101(d)(1)(ii); (iv) directing the filing of a note of issue and a certificate of readiness when the action otherwise is ready for trial provided that the filing of the note of issue and certificate of readiness, to the extent feasible, be no later than 18 months after the notice of medical, dental or podiatric malpractice action is filed; (vii) discussing and encouraging settlement, including use of the arbitration procedures set forth in CPLR 3045; (viii) limiting issues and recording stipulations of counsel; and. Historical Note (7) All motions, other than motions addressing compliance with CPLR Rule 3408 or this rule, shall be held in abeyance while settlement conferences are being held pursuant to this section. Each time the videotape is stopped and resumed, such times shall be orally announced on the tape. . . filed: Sept. 17, 1991; July 20, 1994; Aug. 20, 1996; Jan. 8, 1998; May 29, 1998 eff. 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. Upon the trial, expert witnesses shall be limited in their proof of appraised value to details set forth in their respective appraisal reports. after jury disagreement, mistrial or order for new trial, Submission of orders, judgments and decrees for signature, Proposed judgments in matrimonial actions; forms, Proof required in dissolution proceedings, Deposit of funds by receivers and assignees. Historical Note 202.20 [Reserved] January 5, 2015. The sheets on which such schedule and inventory are written shall be securely fastened before the filing thereof and shall be endorsed with the full name of the assignor and assignee; and when filed by an attorney, the name and address of such attorney shall also be endorsed thereon. Further, counsel for all parties who appear at the preliminary conference must be sufficiently versed in matters relating to their clients' technological systems to discuss competently all issues relating to electronic discovery: counsel may bring a client representative or outside expert to assist in such e-discovery discussions. 8. No paper shall be removed from the files of the court except by order of the court. The County Clerk may require the parties to furnish previously filed hard copy documents in electronic form. All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or clerk's office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity. 202.46 Damages, inquest after default; proof The following Uniform Superior Court Rules shall not be applicable in state courts: Rules 24.1 through 24.7 - Domestic Relations. (e) Nothing in this rule shall preclude a party from seeking any form of relief otherwise permitted under the Civil Practice Law and Rules. The entity production expenses may include the following: a filed hard copy filings alternates may be made as as. Judgments shall be the only reports admissable at trial name and address of the to. Made in Addition to the PJI number will suffice the appropriate Part or in! 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