202.8-f Oral Argument. Registration shall be on a form prescribed by the Chief Administrator. In an as-applied case in New York state, the New York Supreme Court (which, confusingly, is not the states highest court, thats the Court of Appeals) ruled that the Section 202.51 Proof required in dissolution proceedings. (a) Any party may request to appear at a conference by electronic means. (8) Continuous Calendars. 202.47 Transcript of judgment; receipt stub 202.1 Application of Part; waiver; additional rules; . (1) 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; (2) the parties shall prepare a writing setting forth the resolutions reached and submit the writing to the court for approval and signature by the justice presiding; or. (3) Except as set forth in paragraph four of this subsection, the affidavits set forth in subsection (d) shall not be required in debt buyer actions involving debt purchased from an original creditor before October 1, 2014. 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. (b) The proposed order of reference shall be presented in duplicate, and a signed original order shall be delivered to the referee. Such request will be granted in the discretion of the justice or judge assigned to the case upon finding that such a separate settlement conference would be beneficial to the parties and the court and would further the interests of justice. The Panel may exclude particular actions from an otherwise applicable order of coordination when necessary to protect the rights of parties. (iv) the party on whose behalf the deposition is being taken. (k) Cost. (e) The parties are encouraged to use the most efficient means to review documents, including electronically stored information (ESI), that is consistent with the parties disclosure obligations under Article 31 of the CPLR and proportional to the needs of the case. (a) Applicability. In advance of an immediate trial or evidentiary hearing, the parties may request, if necessary, that the court direct limited expedited discovery targeting the factual issue to be tried. The court may further direct that any agreements reached in this regard shall be reduced to a written stipulation. (a) Proposed orders or judgments, with proof of service on all parties where the order is directed to be settled or submitted on notice, must be submitted for signature, unless otherwise directed by the court, within 60 days after the signing and filing of the decision directing that the order be settled or submitted. (1) In all actions or 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 action has been assigned. (2) Any party aggrieved by a transfer of a case to a non-commercial part may seek review by letter application (with a copy to all parties) to the Administrative Judge within ten days of receipt of the designation of the case to a non-commercial part. (a) Where prepared by use of a computer, unless otherwise permitted by the court: (i) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7.000 words each: (ii) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief. Rule 9. (5) The final bond shall be joint and several in form and must be accompanied by the affidavit prescribed by CPLR 2502, and also by the affidavit of each surety, setting forth his business, where it is carried on, and the amount in which he or she is required to justify over and above his debts and liabilities. (a) Petitions for Registration. (c) If the net amount obtained for the infant, or incapacitated person in any approved settlement does not exceed the amount set forth in CPLR 1206(b), the court may permit it to be paid pursuant to CPLR 1206(b). (1) the court reporter or officer is or might not be a notary public in the state where the witness is located; or. In any action subject to e-filing, parties and non-parties producing materials in response to discovery demands may enter into a stipulation, which shall be e-filed, authorizing the electronic filing of discovery responses and discovery materials to the degree and upon terms and conditions set forth in the stipulation. The charge-off statement or the monthly statement recording the most recent purchase transaction, payment or balance transfer shall be deemed sufficient evidence of a credit agreement. Hon. Motion papers noticed to be heard in a county other than the county where the venue of the action has been placed by the plaintiff shall be assigned to a judge in accordance with procedures established by the Chief Administrator. Where an objection to a portion of a direct testimony affidavit is sustained, the court may direct that such portion be stricken. This shall not be a bar, however, to proceeding under subdivision (g) of this section in a proper case. (b) Statement of Income and Expenses. A party may commence any action in the Supreme Court in any county (provided that e-filing has been authorized in that county and in the class of actions to which that action belongs pursuant to paragraph (1) of subdivision (a) of this section) by electronically filing the initiating documents with the County Clerk through the NYSCEF site. This is a motion for or related to interim maintenance or child support . The utilization of the requirement to move by order to show cause or notice of motion shall be governed by local part rule. 202.20-a Privilege Logs. Lynn Kotler, J.S.C. (a) Additional mailing of notice on an action arising from a consumer credit transaction. On appeal, visual and audio depositions shall be transcribed in the same manner as other testimony and transcripts filed in the appellate court. Jan. 6, 1986. (c) During discovery, interrogatories other than those seeking information described in paragraph (b) above may only be served (1) if the parties consent, or (2) if ordered by the court for good cause shown. In all actions or proceedings to which this section is applicable referred to the Family Court by the Supreme Court pursuant to section 464 of the Family Court Act, all statements, including supplemental statements, exchanged and filed by the parties pursuant to this section shall be transmitted to the Family Court with the order of referral. In setting schedules for the conduct of litigation of actions revived pursuant to CPLR 214-g, and in a manner consistent with the goal of timely adjudication of such actions, judges and other court personnel should be mindful of (1) the impact upon the litigation of pending proceedings addressing insurance coverage issues relating to the parties; (2) the difficulties inherent in document, deposition, and other discovery in matters of this type and age; and (3) the benefits of appropriate use of ADR programs to facilitate early resolution of disputes. Sec. (4) The party opposing any motion shall be deemed to have admitted, for the purpose of the motion but not otherwise, such facts set forth in the moving party's statement of net worth as are not controverted in: (i) a statement of net worth, in the official form prescribed by this section, completed and sworn to by the opposing party, and made a part of the answering papers; or. (b) Notices and subpoenas directed to an entity may enumerate the matters upon which the person is to be examined, and if so enumerated, the matters must be described with reasonable particularity. (4) Form and content of petition. Receipt of the additional notice by the defendant does not confer jurisdiction on the court in the absence of proper service of process. (4) Procedures applicable to exempt attorneys and small claims assessment filing agents. [Reserved] [Previous rule repealed in June 2020]. 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. (2) E-filing in an action after commencement. 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. filed Feb. 16, 1988 eff. Attach proof of service of this notice upon all other parties to the action. In any action or proceeding tried without a jury to which section 237 of the Domestic Relations Law applies, the court may appoint a psychiatrist, psychologist, social worker or other appropriate expert to give testimony with respect to custody or visitation, and may appoint an accountant, appraiser, actuary or other appropriate expert to give testimony with respect to equitable distribution or a distributive award. 202.20-f Disclosure Disputes. In such cases, the matter shall be marked settled subject to written consent of the insuring body, or the entry of an order pursuant to subdivision 5 of section 29 of the Workers' Compensation Law. WebCivil Term - Part Rules, Part 35, Courtroom 43 JUSTICE TIMOTHY J. DUFFICY Supreme Court of the State of New York Queens County - Civil Term Part 35 Courtroom 43 88-11 (2) No discharge shall be granted an assignee and his or her sureties in any case, whether or not the creditors have been paid, or have released, or have entered into composition, except in a regular proceeding for an accounting under the applicable provisions of the Debtor and Creditor Law, commenced by petition, and after due and timely notice thereof to all persons interested in the estate. Motions for Summary Judgment; Statements of Material Facts. Amended (b) Sept. 15, 2014, eff. Counsel for each party then shall question each replacement juror pursuant to the procedure set forth in paragraph (3). The counsel certifying compliance may rely on the word count of the word-processing system used to prepare the document. (2) The conference shall be held to conduct settlement discussions pertaining to the relative rights and obligations of the parties under the mortgage loan documents, including determining whether the parties can reach a mutually agreeable resolution to help the defendant avoid losing his or her home, and evaluating the potential for a resolution in which payment schedules or amounts may be modified or other workout options may be agreed to, including but not limited to loan modifications, short sales and deeds in lieu of foreclosure or any other loss mitigation options . Historical Note After the trial of the issues has begun, any such application must be made to the trial judge and shall be entertained only in unusual and extraordinary circumstances. Parties which use this sample provision must meet any requirements of applicable law. . . (a) The court may direct plaintiff to produce a document stating clearly and concisely the issues in the case prior to the preliminary conference.
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