The filing of a consent to e-filing hereunder shall not constitute an appearance in the action under CPLR 320. Counsel or parties are required to confirm all adjournment requests prior Each county clerk, and each chief clerk of the Supreme Court. The board shall continue to circulate among the attorneys until no other peremptory challenges are exercised. Address: NOTE: The clerk will not accept this note of issue unless accompanied by a certificate of readiness. If the trial exhibits are voluminous, counsel shall consult the clerk of the part for guidance. (b) Applicability. . 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. 202.72 Actions Revived Pursuant to CPLR 214-g. (1-a) Where both parties are represented by counsel, counsel shall consult with each other prior to the preliminary conference to discuss the matters set forth in paragraph (2) below and in NYCRR 202.11 in a good faith effort to reach agreement on such matters. These emergency applications shall receive a preference by the clerk for processing and the court for signature. (c) Where the trial is by jury, counsel shall, on the pre-trial conference date or such other time as the court may set, provide the court with case-specific requests to charge and proposed jury interrogatories. In the case of a proceeding to review a small claims assessment where the petition has been e-filed by the submission of a text file as provided in subdivision (b)(1) of this section, a hard copy of the petition, fully completed and signed as set forth in that subdivision, shall be mailed, and shall be served upon the assessing unit or tax commission, as provided in Section 730 of the Real Property Tax Law, unless otherwise stipulated. (h) Expenditures of the funds of an incapacitated person shall comply with the provisions of the Mental Hygiene Law. In any civil action or proceeding, should counsel wish to proceed with a settlement conference before a justice or judge other than the justice or judge assigned to the case, counsel may jointly request that the assigned justice or judge grant such a separate settlement conference. Section 202.27-a Proof of Default Judgment in Consumer Credit Matters (Uniform Civil Rules for the Supreme Court and the County Court). 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. The parties preferences would ordinarily be given presumptive weight. WebJudicial Assignments & Locations. 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. (2) Unless otherwise expressly provided by any provision of the CPLR or other statute, and in addition to the requirements of 22 NYCRR 202.16 (k) where applicable, the following rules and limitations are required for the submission of papers in all applications (including post judgment applications) for alimony, maintenance, counsel fees, child support, exclusive occupancy, custody and visitation unless said requirements are waived by the judge for good cause shown: (i) Applications that are deemed an emergency must comply with 22 NYCRR202.8 (e) and provide for notice, where applicable, in accordance with same. (e) A subpoena must advise a nonparty entity of its duty to make the designations discussed in this Rule. (3) A hearing officer shall disqualify himself or herself from hearing a matter where a conflict exists as defined by the Public Officers Law or, with respect to small claims tax assessment review hearing officers, by subdivision 2 of section 731 of the Real Property Tax Law. Note of issue and certificate of readiness, Objections to applications for special preference, Proof of Default Judgment in Consumer Credit Matters, Additional Mailing of Notice on an Action Arising from a Consumer Credit Transaction. (b) If the requirements of paragraph (c) of this Rule are met, the court may, with the consent of the parties, permit a witness or party to participate in anevidentiary hearing or a non-jury trial utilizing video technology. (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. Parties which use these sample provisions must satisfy all jurisdictional, procedural, and other requirements of the courts specified in the provisions. Historical Note (c) Additional rules. 202.17 Exchange of medical reports in pers. (f) A petition for the expenditure of the funds of an infant shall comply with CPLR Article 12, and also shall set forth: (1) a full explanation of the purpose of the withdrawal; (2) a sworn statement of the reasonable cost of the proposed expenditure; (4) the date and amounts of the infant's and parents' recovery; (6) the nature of the infant's injuries and present condition; (7) a statement that the family of the infant is financially unable to afford the proposed expenditures; (8) a statement as to previous orders authorizing such expenditures; and. The proposed order in such cases may provide for deduction of the following disbursements from the settlement: (5) service of summons and complaint and of subpoenas; (6) expert's fees, including analysis of materials; and. If service is made in hard copy by any such method and a copy of the order or judgment and notice of its entry and proof of such hard copy service are thereafter filed with the NYSCEF site, transmission by NYSCEF of notification of receipt of those documents shall not constitute additional service of the notice of entry on the parties to whom the notification is sent. (5) The account of the assignee shall be in the nature of a debit and credit statement; he or she shall debit himself or herself with the assets as shown in the schedule, as filed, and credit himself or herself with any decrease and expenses. (iii) Documents previously filed with the court; termination or modification of e-filing procedures. (iv) Are the cost and burden of preserving and producing ESI proportionate to the amount in controversy; and The court presiding over a non-jury trial or hearing may direct that prior, or during, the trial or hearing, counsel for the parties consult in good faith to identify those aspects of their respective experts' anticipated testimony that are not in dispute. (c) Spoliation of evidence motions where the issue of spoliation impacts the ultimate outcome of the action; 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. (b) any deferred compensation plan of any type or nature in which the party has an interest including, but not limited to, Individual Retirement Accounts, pensions, profit- sharing plans, Keogh plans, 401(k) plans and other retirement plans. (e) Nothing contained herein is intended to conflict with a party's obligation to supplement its disclosure obligations pursuant to CPLR 3101(h). 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. and (3) of this subdivision, every judgment of divorce, whether uncontested or In the event the parties wish to deviate from the language in Appendix B, Paragraph 18, 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. 5. (2) Every petition, order, decree or other paper shall have endorsed on the outside the nature of such paper, the date of filing, and the name, number and page of the book in which the proceedings are entered by the clerk. (1) All documents to be filed and served electronically. (10) The court may order notice to creditors by publication to present their claims as provided in section 5 of the Debtor and Creditor Law. (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. Notwithstanding any provision of Article eighty of the CPLR, no fee shall be collected pursuant to such Article in such a special proceeding. Counsel may be permitted to ask follow-up questions. Amended (c)(1) and (c)(2) on Aug. 16, 2004. filed Oct. 13, 1999 eff. It includes vital information about such things as required motion procedures, Added 202.70 on Jan. 17, 2006, Amended Rule 13 of section 202.70(g) on Sept 23, 2013 v. any of the documents or testimony in a matrimonial action protected by Domestic Relations Law section 235 or evidence sealed by the court in such an action which are attached as exhibits or referenced in the papers filed in any other civil action. 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. Electronic Filing in Supreme Court; Consensual Program. (5) The report of the referee after a hearing of a disputed claim under the statute shall be filed with the clerk of the court and a copy served on each party to the proceeding. Except as provided in subdivision (b) of this section, in an action not yet assigned to a judge, the court shall not accept for filing a notice of motion, order to show cause, application for ex parte order, notice of petition, note of issue, notice of medical, dental or podiatric malpractice action, statement of net worth pursuant to section 236 of the Domestic Relations Law or request for a preliminary conference pursuant to section 202.12(a) of this Part, unless such notice or application is accompanied by a request for judicial intervention. Discovery of Electronically Stored Information. (3) Unless otherwise defined in this Part, or the context otherwise requires, all terms used in this Part shall have the same meaning as they have in the CPLR. Prior to the commencement of jury selection, completed questionnaires shall be made available to counsel. Each party shall provide an appraisal report copy for the court. (2) Service of interlocutory documents in an e-filed action. A party who has not consented to participation shall file documents with the court and the County Clerk, and serve and be served with documents, in hard copy. (2) Neither party shall transfer, encumber, assign, remove, withdraw or in any way dispose of any tax deferred funds, stocks or other assets held in any individual retirement accounts, 401K accounts, profit sharing plans, Keogh accounts, or any other pension or retirement account, and the parties shall further refrain from applying for or requesting the payment of retirement benefits or annuity payments of any kind, without the consent of the other party in writing, or upon further order of the court, except that any party who is already in pay status may continue to receive such payments thereunder.

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