reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.1 - Jury districts

Current through Register Vol. 46, No. 28,
					 July 10, 2024
There may be no jury districts from which
						prospective jurors may be drawn consisting of less than the whole of the
						governmental subdivision wherein the court convenes.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.2 - Annual meeting of county jury board

Current through Register Vol. 46,
					 No. 28, July 10, 2024
The county jury board shall meet at least
						annually.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.3 - Source of names

Current through Register Vol. 46, No. 28, July
					 10, 2024
The sources of prospective jurors shall
						be:
(a) the names
					 contained on voter registration lists, lists of licensed motor vehicle
					 operators and lists of persons to whom State income tax forms have been
					 mailed;
(b) the
					 names of persons who have volunteered to serve in accordance with section
					 506 of the
					 Judiciary Law; and
(c) the names from such other sources
					 as authorized by the Chief Administrator of the Courts.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.4 - Residence

Current through Register Vol. 46, No. 28, July 10,
					 2024
For purposes of article 16 of the
						Judiciary Law and this Part, a resident of a county or municipality shall mean
						a person who maintains a fixed permanent and principal home within that county
						or municipality to which such person, wherever temporarily located, always
						intends to return. Among the factors that may be considered in determining the
						principal home is the relative proportion of time in the year that the person
						customarily resides in the county or municipality.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.5 - Qualification of trial jurors and grand jurors

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) Prospective jurors shall be
					 selected at random pursuant to a methodology approved by the Chief
					 Administrator of the Courts.
(b) A juror qualification questionnaire
					 shall be sent to prospective jurors by first class mail unless the commissioner
					 of jurors determines that a personal interview is required, in which case the
					 questionnaire shall be completed at the interview. Where a completed
					 questionnaire is returned by mail, the commissioner may require a subsequent
					 personal interview. The qualification questionnaire may be sent with the juror
					 summons during the summoning process as set forth in section
					 128.6 of this Part.
(c) The commissioner of jurors
					 may require prospective grand jurors to appear before the commissioner of
					 jurors to be fingerprinted and interviewed as to their availability to serve as
					 grand jurors.
(d)
					 After the qualification questionnaire has been reviewed and the prospective
					 juror is found otherwise qualified, the juror's name, and fingerprint record in
					 the case of a prospective grand juror, may be forwarded by the commissioner of
					 jurors to an appropriate agency for checking for conviction of a criminal
					 offense.
(e) Upon
					 the basis of the completed questionnaire, the personal interview, if any, and
					 the check for a criminal conviction, where such check was requested, or after
					 at least 30 days without receipt of any report concerning the check for a
					 criminal conviction, the commissioner of jurors shall note upon each
					 questionnaire whether the person has been found qualified or not qualified for
					 jury service. If excluded from jury service, the reasons shall be noted on the
					 questionnaire.
(f)
					 The commissioner of jurors shall maintain a record of persons who are found not
					 qualified for jury service, including the reasons therefor.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.6 - Summoning of trial jurors and grand jurors

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) Trial jurors and grand jurors shall
					 be selected for summoning at random from prospective jurors previously
					 qualified for service. In the alternative, the Chief Administrator of the
					 Courts may direct that in any county trial jurors and grand jurors be selected
					 for summoning at random from the juror source lists and that their
					 qualifications for service be determined during the summoning process in
					 accordance with the procedures set forth in section
					 128.5 of this Part.
(b) The commissioner of jurors
					 shall determine the number of jurors to be selected for summoning and shall
					 summon such jurors, unless such number otherwise is specified by the Chief
					 Administrator of the Courts. At any time during a term of court in a county,
					 the court may direct an additional specified number of jurors to be drawn, set
					 the time of the drawing, and require the commissioner to summon the additional
					 jurors, giving such notice as the court shall direct. The drawing shall be
					 conducted in the same manner as a regular drawing.
(c) Whenever practicable, the
					 summons shall be served by first class mail at least 14 days before the day the
					 juror is required to appear, unless a shorter period is necessary to satisfy
					 court requirements for sufficient jurors. The commissioner of jurors shall
					 maintain for one year a record of the date and reason when the mailing of the
					 summons occurred less than 14 days before the return date of the summons. If
					 service by first class mail cannot be made or is impracticable, the summons may
					 be served personally upon the juror by personal delivery to the juror, or to a
					 person of suitable age and discretion at the juror's residence or place of
					 business.
(d) Jurors
					 who appear for the sole purpose of requesting an excuse, deferment or
					 postponement from jury service shall not be entitled to any per diem fee or
					 mileage allowance.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.6-a - Postponement and excusal from jury service

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) Postponement.
(1) A prospective juror who
					 has received the initial jury summons is entitled, upon notifying the
					 commissioner of jurors, to a postponement of jury service to a specific jury
					 term date that is not more than six months after the date such service is to
					 commence as set forth in the summons. The prospective juror may notify the
					 commissioner by telephone that he or she is seeking such postponement and shall
					 select an appropriate date to which service is to be postponed. A request for
					 postponement shall be made at such time as the commissioner shall require. The
					 commissioner, in his or her discretion, may grant a postponement of jury
					 service for greater than six months, but only upon good cause shown.
(2) The commissioner may grant
					 a prospective juror's subsequent request for a postponement of jury service,
					 but only upon a written application, containing documentation acceptable to the
					 commissioner, showing that an inability to obtain a postponement would result
					 in a hardship that was unanticipated at the time of the prior postponement.
					 Absent extraordinary circumstances, the commissioner shall not grant a
					 prospective juror more than three postponements of jury service, nor shall the
					 aggregate period of postponements granted to a prospective juror exceed 18
					 months.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.7 - Support of town and village courts

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) The commissioner of jurors shall
					 qualify and maintain source lists or qualified lists of jurors for each town
					 and village court outside the City of New York. The commissioner shall summon
					 jurors to serve in these courts, or if not practicable for the commissioner so
					 to summon jurors, the commissioner shall furnish to each such court a list of
					 qualified jurors who reside within the geographical jurisdiction of such court,
					 or within such geographical area from which the court is authorized by law to
					 summon jurors, to be summoned at random by the court for service in that court.
					 Such lists may be furnished to town courts, which then shall furnish lists to
					 village courts within each town. The notification and summoning of jurors by
					 each such court shall be in the same manner as prescribed for the commissioner
					 in section
					 516 of the
					 Judiciary Law and this Part. Within 30 days of the completion of service by a
					 juror in a town or village court, the court shall notify the commissioner of
					 the identity of a juror who has so served.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.8 - Duration of service

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Trial jurors. Unless otherwise
					 specified in the manner provided by section
					 525
					 (d) of the Judiciary Law, a trial juror shall
					 serve in the court for no more than five consecutive court days, except that
					 service shall continue beyond any time limit fixed pursuant to this section
					 until the conclusion of any trial for which a juror may be empanelled. For the
					 purposes of this section, the duration of a juror's service shall be computed
					 by counting the first day on which the juror is required to appear and each
					 consecutive court day thereafter, excluding days in which the court is not in
					 session, until the juror is released from service. The commissioner of jurors
					 may release a trial juror from service at any time, except that a trial juror
					 who has been sworn or selected to sit on a panel in a proceeding may be
					 released before the proceeding is terminated only by a judge or justice unless
					 trial of the proceeding has not been commenced within five court days from the
					 date the juror was sworn, in which case, subject to the discretion of the
					 appropriate administrative judge, the juror shall be released. Service as set
					 forth in this section shall constitute service for purposes of section
					 128.9(b) of this
					 Part.
(b) Telephone
					 standby system. The Chief Administrator may direct the establishment in any
					 county of a telephone standby system for the summoning or service of trial
					 jurors. Service of a trial juror as provided by subdivision (a) of this section
					 shall include service pursuant to a telephone standby system, and the
					 computation of the duration of a trial juror's service as provided by
					 subdivision (a) shall include any day on which the juror is on telephone
					 standby service.
(c)
					 Grand jurors. A grand juror shall serve for the duration of the term for which
					 the grand juror has been selected and for any period during which the grand
					 jury panel on which the grand juror has been serving is extended, unless sooner
					 discharged.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.9 - Frequency of service

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) When a juror completes service, the
					 juror's name may be restored to the general list of qualified jurors. In the
					 alternative, the Chief Administrator may direct that in any county, when a
					 juror completes service, the commissioner of jurors may summon the juror only
					 if he or she again is selected at random for qualification from the juror
					 source lists and subsequently qualified.
(b) A person who has served on a trial
					 jury or grand jury in any court of record within the State, including service
					 as set forth in section
					 128.8 of this Part or service in a
					 Federal court, is disqualified from further jury service, pursuant to section
					 524 of the
					 Judiciary Law, for six years following the completion of jury service, and
					 shall not be summoned for such service within that period, except that where,
					 as provided in section
					 524
					 (c) of the Judiciary Law, the commissioner of
					 jurors has determined that compliance with the six-year period would be
					 impracticable, such period of disqualification may be reduced to not less than
					 two years for persons whose service consisted of fewer than three days, and
					 such person shall not be summoned for jury service within such reduced period.
					 Where a person serves on a trial jury or grand jury for more than 10 days, that
					 person is disqualified from further jury service for eight years. For purposes
					 of this subdivision, jury service shall include service in the court and
					 telephone standby service.
(c) The commissioner of jurors may
					 extend the period of disqualification for all jurors in excess of the time
					 periods set forth in subdivision (b) of this section where the extension would
					 not interfere with the commissioner's ability to comply with section
					 508 of the
					 Judiciary Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.11 - Judge to greet jurors

Current through Register Vol. 46, No. 28, July
					 10, 2024
Wherever a central juror assembly room is
						provided for the courts in a county, the administrative judge, where
						practicable, shall designate a judge in each county in the district to greet
						newly summoned jurors and generally explain their responsibilities while
						serving as jurors. In courts not using a central juror assembly room, a judge
						or justice of the court in which the jurors are serving, where practicable,
						shall greet newly summoned jurors. A filmed or videotaped greeting from a judge
						may be used.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.13 - Records to be maintained; retention and disposition

Current through
					 Register Vol. 46, No. 28, July 10, 2024
The commissioner of jurors shall maintain
						such records as may be necessary for the orderly administration of the county's
						jury system and as required by the Chief Administrator of the Courts,
						including, but not limited to, the records required by sections
						509 and 514 of
						the Judiciary Law, qualification questionnaires, notices and summonses, records
						of postponement and excuse, juror attendance records, statistical records of
						the utilization of jurors, and the minutes of jury empanellings and meetings of
						the county jury board.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.14 - Confidentiality and security of records

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) Juror qualification questionnaires
					 and other juror records shall not be disclosed except as permitted by section
					 509 of the
					 Judiciary Law.
(b)
					 The commissioner of jurors and the Office of Court Administration shall take
					 the necessary precautions to ensure that the records and materials in their
					 respective possession used for the selection, procurement and utilization of
					 jurors are stored securely and in such a manner as to prevent their
					 unauthorized use, modification or disclosure.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.15 - Duties of sheriff

Current through Register Vol. 46, No. 28, July
					 10, 2024
The sheriff of each county may be
						requested to assist the commissioner of jurors in implementing the provisions
						of article 16 of the Judiciary Law as provided by law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.16 - Selection of sheriff's jurors

Current through Register Vol. 46, No.
					 28, July 10, 2024
The commissioner of jurors shall select,
						at random and in the same manner as regular trial jurors, from the persons
						qualified to act as regular trial jurors, such number of persons, if any, as
						may be necessary to constitute the sheriff's jurors.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 128 - Uniform Rules For The Jury System › Section 128.17 - Grand juries; number; terms

Current through Register Vol. 46, No.
					 28, July 10, 2024
The Chief Administrator of the Courts, in
						consultation and agreement with the presiding justice of the appropriate
						Appellate Division, shall designate:
(a) the number of grand juries to be
					 drawn and empanelled for each term of the Supreme Court or county court
					 established within the judicial department; and
(b) such additional grand
					 juries as may be required.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 129 - Fair Treatment Standards For Crime Victims › Section 129.1 - Purpose

Current through Register Vol. 46, No. 28, July 10,
					 2024
The purpose of these standards is to
						provide objective guidelines for the fair and uniform treatment of crime
						victims by the Unified Court System in order to encourage increased public
						cooperation and support of the criminal justice process, improve the overall
						effectiveness of the criminal justice system as it concerns crime victims and
						the public in general and help ensure that courts in the Unified Court System
						treat crime victims and witnesses with dignity and appropriate
						understanding.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 129 - Fair Treatment Standards For Crime Victims › Section 129.2 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Criminal justice agency includes any agency or department of the State or any
					 political subdivision thereof that performs a criminal justice function as
					 defined in 9 NYCRR 6170.2(c) and a presentment agency as defined in subdivision
					 12 of section
					 301.2 of the
					 Family Court Act.
(b) Criminal justice process shall mean
					 the process by which a crime charged in an accusatory instrument or in a Family
					 Court petition is processed by the Unified Court System from the initial
					 appearance of the accused to disposition.
(c) Crime victim shall mean a natural
					 person against whom an act defined as a misdemeanor or felony by the Penal Law
					 or section
					 1192
					 of the Vehicle and Traffic Law has been committed or attempted, where such act
					 is charged in an accusatory instrument as defined in section
					 1.20
					 (1) of the Criminal Procedure Law or is
					 alleged in a petition filed in Family Court. Crime victim shall include the
					 immediate family of a homicide victim or the immediate family or guardian of a
					 minor who is a crime victim. Except as otherwise provided in this Part, a
					 victim shall not include a defense witness or an individual reasonably believed
					 to have been involved in the commission of the crime.
(d) Witness shall mean a
					 natural person who has evidence or information concerning a crime and who
					 provides such evidence or information to a criminal justice agency. Where the
					 witness is a minor, witness shall include an immediate family member or
					 guardian. Except as otherwise provided in this Part, a witness shall not
					 include a defense witness or an individual reasonably believed to have been
					 involved in the commission of the crime.
(e) Court shall mean any court in the
					 Unified Court System that has contact with a crime victim or witness.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 129 - Fair Treatment Standards For Crime Victims › Section 129.3 - Standards

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 When a court has contact with a crime victim or witness, the court shall take
					 steps to ensure:
(1) that the
					 victim has been provided with information concerning:
(i) the victim's role in the criminal
					 justice process, including what the victim can expect from the system as well
					 as what the system expects from the victim;
(ii) the stages of the criminal justice
					 process of significance to the victim and the manner in which information about
					 such stages can be obtained; and
(iii) how the court can address the
					 needs of the victim at sentencing or disposition;
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 129 - Fair Treatment Standards For Crime Victims › Section 129.4 - Education and training

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Victim assistance education and training
						shall be given to judicial and nonjudicial personnel of the Unified Court
						System so that victims may be promptly, properly and completely
						assisted.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 129 - Fair Treatment Standards For Crime Victims › Section 129.5 - Liability

Current through Register Vol. 46, No. 28, July 10,
					 2024
Nothing in this Part shall be construed as
						creating a cause of action for damages or injunctive relief against the State
						or any of its political subdivisions or officers or any agency
						thereof.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 130 - Costs And Sanctions › Subpart 130-1 - Awards of Costs and Imposition of Financial Sanctions for Frivolous Conduct in Civil Litigation › Section 130-1.1 - Costs; sanctions

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) The court, in its discretion, may
						award to any party or attorney in any civil action or proceeding before the
						court, except where prohibited by law, costs in the form of reimbursement for
						actual expenses reasonably incurred and reasonable attorney's fees, resulting
						from frivolous conduct as defined in this Part. In addition to or in lieu of
						awarding costs, the court, in its discretion may impose financial sanctions
						upon any party or attorney in a civil action or proceeding who engages in
						frivolous conduct as defined in this Part, which shall be payable as provided
						in section
						130-1.3 of this Subpart. This Part
						shall not apply to town or village courts, to proceedings in a small claims
						part of any court, or to proceedings in the Family Court commenced under
						article 3, 7 or 8 of the Family Court Act.
(b) The court, as appropriate, may make
						such award of costs or impose such financial sanctions against either an
						attorney or a party to the litigation or against both. Where the award or
						sanction is against an attorney, it may be against the attorney personally or
						upon a partnership, firm, corporation, government agency, prosecutor's office,
						legal aid society or public defender's office with which the attorney is
						associated and that has appeared as attorney of record. The award or sanctions
						may be imposed upon any attorney appearing in the action or upon a partnership,
						firm or corporation with which the attorney is associated.
(c) For purposes of this Part,
						conduct is frivolous if:
(1) it
						is completely without merit in law and cannot be supported by a reasonable
						argument for an extension, modification or reversal of existing law;
(2) it is undertaken primarily
						to delay or prolong the resolution of the litigation, or to harass or
						maliciously injure another; or
(3) it asserts material factual
						statements that are false.
Frivolous conduct shall include the
						  making of a frivolous motion for costs or sanctions under this section. In
						  determining whether the conduct undertaken was frivolous, the court shall
						  consider, among other issues the circumstances under which the conduct took
						  place, including the time available for investigating the legal or factual
						  basis of the conduct, and whether or not the conduct was continued when its
						  lack of legal or factual basis was apparent, should have been apparent, or was
						  brought to the attention of counsel or the party.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 130 - Costs And Sanctions › Subpart 130-1 - Awards of Costs and Imposition of Financial Sanctions for Frivolous Conduct in Civil Litigation › Section 130-1.1a - Signing of papers

Current through Register Vol. 46, No. 28, July
						10, 2024
(a) Signature. Every pleading, written
						motion, and other paper, served on another party or filed or submitted to the
						court shall be signed by an attorney, or by a party if the party is not
						represented by an attorney, with the name of the attorney or party clearly
						printed or typed directly below the signature. Absent good cause shown, the
						court shall strike any unsigned paper if the omission of the signature is not
						corrected promptly after being called to the attention of the attorney or
						party.
(b)
						Certification. By signing a paper, an attorney or party certifies that, to the
						best of that person's knowledge, information and belief, formed after an
						inquiry reasonable under the circumstances:
(1) the presentation of the paper or
						the contentions therein are not frivolous as defined in section
						130-1.1(c) of
						this Subpart; and
(2) where the paper is an initiating
						pleading:
(i) the matter was
						not obtained through illegal conduct, or that if it was, the attorney or other
						persons responsible for the illegal conduct are not participating in the matter
						or sharing in any fee earned therefrom; and
(ii) the matter was not obtained in
						violation of Part 1200. Rule 4.5 of this Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 130 - Costs And Sanctions › Subpart 130-1 - Awards of Costs and Imposition of Financial Sanctions for Frivolous Conduct in Civil Litigation › Section 130-1.2 - Order awarding costs or imposing sanctions

Current through Register
						Vol. 46, No. 28, July 10, 2024
The court may award costs or impose
						  sanctions or both only upon a written decision setting forth the conduct on
						  which the award or imposition is based, the reasons why the court found the
						  conduct to be frivolous, and the reasons why the court found the amount awarded
						  or imposed to be appropriate. An award of costs or the imposition of sanctions
						  or both shall be entered as a judgment of the court. In no event shall the
						  amount of sanctions imposed exceed $10,000 for any single occurrence of
						  frivolous conduct.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 130 - Costs And Sanctions › Subpart 130-1 - Awards of Costs and Imposition of Financial Sanctions for Frivolous Conduct in Civil Litigation › Section 130-1.3 - Payment of sanctions

Current through Register Vol. 46, No. 28,
						July 10, 2024
Payments of sanctions by an attorney
						  shall be deposited with the Lawyers' Fund for Client Protection established
						  pursuant to section
						  97-t of the
						  State Finance Law. Payments of sanctions by a party who is not an attorney
						  shall be deposited with the clerk of the court for transmittal to the
						  Commissioner of Taxation and Finance. The court shall give notice to the
						  Lawyers' Fund of awards of sanctions payable to the fund by sending a copy of
						  the order awarding sanctions, or by sending other appropriate notice, to the
						  Lawyers' Fund for Client Protection, 119 Washington Avenue, Albany, NY
						  12210.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 130 - Costs And Sanctions › Subpart 130-1 - Awards of Costs and Imposition of Financial Sanctions for Frivolous Conduct in Civil Litigation › Section 130-1.4 - Application to officers other than judges of the courts of the Unified Court System

Current through Register Vol. 46, No. 28, July
						10, 2024
The powers of a court set forth in this
						  Subpart shall apply to judges of the housing part of the New York City Civil
						  Court and to support magistrates appointed pursuant to section 439 of The
						  Family Court Act, except that the powers of Family Court support magistrates
						  shall be limited to a determination that a party or attorney has engaged in
						  frivolous conduct, which shall be subject to confirmation by a judge of the
						  Family Court who may impose any costs or sanctions authorized by this
						  Subpart.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 130 - Costs And Sanctions › Subpart 130-1 - Awards of Costs and Imposition of Financial Sanctions for Frivolous Conduct in Civil Litigation › Section 130-1.5 - Exception

Current through Register Vol. 46, No. 28, July 10,
						2024
This rule shall not apply to requests
						  for costs or attorneys' fees subject to the provisions of CPLR
						  8303-a.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 130 - Costs And Sanctions › Subpart 130-2 - Imposition of Financial Sanctions or Costs for Unjustified Failure to Attend a Scheduled Court Appearance › Section 130-2.1 - Costs; sanctions

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) Notwithstanding and in addition to
						the provisions of Subpart 130-1 of this Part, the court, in its discretion, may
						impose financial sanctions or, in addition to or in lieu of imposing sanctions,
						may award costs in the form of reimbursement for actual expenses reasonably
						incurred and reasonable attorney's fees, upon any attorney who, without good
						cause, fails to appear at a time and place scheduled for an action or
						proceeding to be heard before a designated court. This Part shall not apply to
						town or village courts or to proceedings in a small claims part of any
						court.
(b) In
						determining whether an attorney's failure to appear at a scheduled court
						appearance was without good cause and in determining the measure of sanctions
						or costs to be imposed, the court shall consider all of the attendant
						circumstances, including but not limited to:
(1) the explanation, if any, offered by
						the attorney for his or her nonappearance;
(2) the adequacy of the notice to the
						attorney of the time and date of the scheduled appearance;
(3) whether the attorney
						notified the court and opposing counsel in advance that he or she would be
						unable to appear;
(4) whether substitute counsel appeared
						in court at the time previously scheduled to proffer an explanation of the
						attorney's nonappearance and whether such substitute counsel was prepared to go
						forward with the case;
(5) whether an affidavit or affirmation
						of actual engagement was filed in the manner prescribed in Part 125 of the
						Uniform Rules for the Trial Courts of the Unified Court System;
(6) whether the attorney on
						prior occasions in the same action or proceeding failed to appear at a
						scheduled court action or proceeding;
(7) whether financial sanctions or
						costs have been imposed upon the attorney pursuant to this section in some
						other action or proceeding; and
(8) the extent and nature of the harm
						caused by the attorney's failure to appear.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 130 - Costs And Sanctions › Subpart 130-2 - Imposition of Financial Sanctions or Costs for Unjustified Failure to Attend a Scheduled Court Appearance › Section 130-2.2 - Order imposing sanctions and costs

Current through Register Vol. 46,
						No. 28, July 10, 2024
The court may impose sanctions or award
						  costs or both only upon a written memorandum decision or statement on the
						  record setting forth the conduct on which the award or imposition is based and
						  the reasons why the court found the attorney's failure to appear at a scheduled
						  court appearance to be without good cause. The imposition of sanctions or an
						  award of costs or both shall be entered as a judgment of the court. In no event
						  shall the total amount of sanctions imposed and costs awarded exceed $2,500 for
						  any single failure to appear at a scheduled court appearance.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 130 - Costs And Sanctions › Subpart 130-2 - Imposition of Financial Sanctions or Costs for Unjustified Failure to Attend a Scheduled Court Appearance › Section 130-2.3 - Payment of sanctions

Current through Register Vol. 46, No. 28,
						July 10, 2024
Payments of sanctions shall be deposited
						  with the Lawyers' Fund for Client Protection established pursuant to section
						  97-t of the
						  State Finance Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 130 - Costs And Sanctions › Subpart 130-2 - Imposition of Financial Sanctions or Costs for Unjustified Failure to Attend a Scheduled Court Appearance › Section 130-2.4 - Application to officers other than judges of the courts of the Unified Court System

Current through Register Vol. 46, No. 28, July
						10, 2024
The powers of a court set forth in this
						  Subpart shall apply to judges of the housing part of the New York Civil Court,
						  support magistrates appointed pursuant to section
						  439 of the
						  Family Court Act, and judicial support magistrates, except that:
(a) the powers of the Family
						Court support magistrates shall be limited to a determination that an attorney,
						without good cause, has failed to appear at a time and place scheduled for a
						Family Court proceeding, which shall be subject to confirmation by a judge of
						the Family Court who may impose any sanctions authorized by this Subpart;
						and
(b) the powers
						of judicial hearing officers shall be limited to civil cases.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 131 - Audio-Visual Coverage of Judicial Proceedings › Section 131.1 - Purpose; general provisions

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) In order to maintain the broadest
					 scope of public access to the courts, to preserve public confidence in the
					 Judiciary, and to foster public understanding of the role of the Judicial
					 Branch in civil society, it is the policy of the Unified Court System to
					 facilitate the audiovisual coverage of court proceedings to the fullest extent
					 permitted by the New York Civil Rights Law and other statutes, as interpreted
					 by New York courts, pursuant to the rules set forth below.
(b) Audio-visual coverage of
					 proceedings in which the testimony of parties or witnesses by subpoena or other
					 compulsory process is or may be taken is prohibited. (See, Civil Rights Law
					 § 52.)
(c)
					 Audio-visual coverage of party or witness testimony in any court proceeding
					 (other than a plea at an arraignment) is prohibited.
(d) Nothing in these rules is
					 intended to restrict any preexisting right of the news media to appear at and
					 to report on judicial proceedings in accordance with law.
(e) Nothing in these rules is
					 intended to restrict the power and discretion of the presiding trial judge to
					 control the conduct of judicial proceedings.
(f) No judicial proceeding shall be
					 scheduled, delayed, reenacted or continued at the request of, or for the
					 convenience of, the news media.
(g) In addition to their specific
					 responsibilities as provided in these rules, all presiding trial judges and all
					 administrative judges shall take whatever steps are necessary to insure that
					 audio- visual coverage is conducted without disruption of court activities,
					 without detracting from or interfering with the dignity or decorum of the
					 court, courtrooms and court facilities, without compromise of the safety of
					 persons having business before the court, and without adversely affecting the
					 administration of justice.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 131 - Audio-Visual Coverage of Judicial Proceedings › Section 131.2 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
For purposes of this Part:
(a) ''Administrative judge''
					 shall mean the administrative judge of each judicial district; the
					 administrative judge of Nassau County or of Suffolk County; the administrative
					 judge of the Civil Court of the City of New York, the Criminal Court of the
					 City of New York or the Family Court of the City of New York; or the presiding
					 judge of the Court of Claims.
(b) ''Audio-visual coverage'' or
					 ''coverage'' shall mean the electronic broadcasting or other transmission to
					 the public of radio or television signals from the courtroom, or the recording
					 of sound or light in the courtroom for later transmission or reproduction, or
					 the taking of motion pictures in the courtroom by the news media. To the extent
					 required by law, it shall also mean the taking of still pictures.
(c) ''News media'' shall mean
					 any news-reporting or news-gathering agency and any employee or agent
					 associated with such agency, including television, radio, radio and television
					 networks, news services, newspapers, magazines, trade papers, in-house
					 publications, professional journals, or any other news- reporting or
					 news-gathering agency, the function of which is to inform the public or some
					 segment thereof.
(d)
					 ''Presiding trial judge'' shall mean the justice or judge presiding over
					 judicial proceedings at which audio-visual coverage is authorized pursuant to
					 this Part.
(e)
					 ''Judicial proceedings'' shall mean the proceedings of a court or a judge
					 thereof conducted in a courtroom or any other facility being used as a
					 courtroom.
(f)
					 ''Child'' shall mean a person who has not attained the age of 16
					 years.
(g)
					 ''Arraignment'' shall have the same meaning as such term is defined in
					 subdivision nine of section
					 1.20 of
					 the Criminal Procedure Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 131 - Audio-Visual Coverage of Judicial Proceedings › Section 131.3 - Application for audio-visual coverage

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) Coverage of judicial proceedings
					 shall be permitted only upon order of the presiding trial judge approving an
					 oral or written application made by a representative of the news media for
					 permission to conduct such coverage.
(b) Upon receipt of an application, the
					 presiding trial judge shall conduct such review as may be appropriate,
					 including:
(1) consultation
					 with the news media applicant;
(2) consultation with counsel to all
					 parties to the proceeding of which coverage is sought, who shall be responsible
					 for identifying any concerns or objections of the parties, prospective
					 witnesses, and victims, if any, with respect to the proposed coverage, and
					 advising the court thereof;
(3) review of all statements or
					 affidavits presented to the presiding trial judge concerning the proposed
					 coverage.
Where the proceedings of which coverage is
						sought involve a child, a victim, or a party, any of whom object to such
						coverage, and in any other appropriate instance, the presiding trial judge may
						hold such conferences and conduct any direct inquiry as may be fitting.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 131 - Audio-Visual Coverage of Judicial Proceedings › Section 131.4 - Review

Current through Register Vol. 46, No. 28, July 10,
					 2024
No judicial proceeding shall be delayed
						or continued to allow for review of an order denying coverage in whole or in
						part.