reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.1 - Application of Part; waiver; additional rules; application of UDCA; definitions

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Application. This Part shall be
				  applicable to all actions and proceedings in the District Courts of the State
				  of New York.
(b)
				  Waiver. For good cause shown, and in the interests of justice, the court in an
				  action or proceeding may waive compliance with any of the rules in this Part,
				  other than sections 212.2 and
				  212.3, unless prohibited from
				  doing so by statute or by a rule of the Chief Judge.
(c) Additional rules. Additional
				  local court rules, not inconsistent with law or with these rules, shall comply
				  with Part 9 of the Rules of the Chief Judge (22 NYCRR Part 9).
(d) Application of the Uniform
				  District Court Act. The provisions of this Part shall be construed as
				  consistent with the Uniform District Court Act (UDCA), and matters not covered
				  by these provisions shall be governed by the UDCA.
(e) Definitions.
(1) Chief Administrator of the
				  Courts in this Part includes a designee of the Chief Administrator.
(2) 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 UDCA and the CPLR.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.2 - Divisions of court; terms and structure

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) Divisions of the courts shall be
				  designated as follows:
(1)
				  Suffolk County District Court:
(i) The District Courts of Suffolk
				  County, first district -- Towns of Babylon, Huntington, Smith Town, Islip and
				  Brookhaven.
(ii) The
				  District Court of Suffolk County, second district -- Town of Babylon.
(iii) The District Court of
				  Suffolk County, third district -- Town of Huntington.
(iv) The District Court of
				  Suffolk County, fourth district -- Town of Smithtown.
(v) The District Court of
				  Suffolk County, fifth district -- Town of Islip.
(vi) The District Court of
				  Suffolk County, sixth district -- Town of Brookhaven.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.3 - Parts of court; structure

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) General. A part of court is a
				  designated unit of the court in which specified business of the court is to be
				  conducted by a judge or quasi-judicial officer.
(b) Number and types. In each division
				  there shall be such number of calendar parts, trial parts, motion parts,
				  conference parts, multipurpose parts, and other special parts of court, and any
				  combination thereof, as may be established from time to time by the Chief
				  Administrator of the Courts. There shall also be one or more small claims parts
				  in each division for the hearing and disposition of all small claims
				  proceedings, as the Chief Administrator may establish.
(1) Calendar part. A calendar part is a
				  part of court for the maintaining and calling of a calendar of cases, and for
				  the hearing and disposition of all motions and applications, including orders
				  to show cause and applications for adjournments, in civil actions that have
				  been placed on a reserve or ready calendar but not yet assigned to a trial
				  part.
(2) Trial part.
				  A trial part is a part of court for the trial of civil actions and for the
				  hearing and determination of all motions and applications, including orders to
				  show cause, made after an action is assigned to a trial part.
(3) Motion part. A motion part
				  is a part of court for the hearing and determination of motions and
				  applications that are not otherwise required by this Part to be made in a
				  calendar part, trial part or conference part.
(4) Conference part. A conference part is
				  a part of court for the precalendar or pretrial conference of actions as may be
				  provided by this Part or by order of the Chief Administrator.
(5) Multipurpose part. A
				  multipurpose part is a part of court for the performance of the functions of a
				  calendar part, a trial part, a motion part, a conference part, as well as other
				  special parts of court, or any combination thereof.
(6) Additional parts. Additional
				  parts, including parts with special or limited functions, may be established
				  from time to time by order of the Chief Administrator for such purposes as may
				  be assigned by the Chief Administrator.
(7) Transfer of actions. By order of the
				  Chief Administrator, proceedings and matters may be transferred, as the Chief
				  Administrator deems necessary, from one part of court to another in the same
				  division, regardless of the denomination of the parts.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.4 - Papers Filed in Court

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Index Number; Form; Label
The party causing the first paper to be
					 filed shall obtain an index number and communicate it forthwith to all other
					 parties to the action. Thereafter such number shall appear on the outside cover
					 and first page, to the right of the caption, of every paper tendered for filing
					 in the action. Each such cover and first page also shall contain an indication
					 of the county of venue and a brief description of the nature of the paper. In
					 addition to complying with the provisions of CPLR 2101, every paper filed in
					 court shall have annexed thereto appropriate proof of service on all parties
					 where required, and if typewritten, shall have at least a double space between
					 each line, except for quotations and the names and addresses of attorneys
					 appearing in the action, and shall have at least one-inch margins. In addition,
					 every paper filed in court, other than an exhibit or printed form, shall
					 contain writing on one side only, except that papers that are fastened on the
					 side may contain writing on both sides. Papers that are stapled or bound
					 securely shall not be rejected for filing simply because they are not bound
					 with a backer of any kind.
(b) Omission or Redaction of
				  Confidential Personal Information in Civil Actions and Proceedings.
(1) Except for any action or
				  proceeding arising under the Vehicle and Traffic Law, or prosecution of a
				  violation of an ordinance of a city, town or village, or in a petition for
				  change of name under the Civil Rights Law, or as otherwise provided by rule or
				  law or court order, and whether or not a sealing order is or has been sought,
				  the parties shall omit or redact confidential personal information in papers
				  submitted to the court for filing. For purposes of this rule, confidential
				  personal information ("CPI") means:
i. the taxpayer identification number of
				  an individual or an entity, including a social security number, an employer
				  identification number, and an individual taxpayer identification number, except
				  the last four digits thereof;
ii. the date of an individual's birth,
				  except the year thereof;
iii. the full name of an individual
				  known to be a minor, except the minor's initials; and
iv. a financial account number,
				  including a credit and/or debit card number, a bank account number, an
				  investment account number, and/or an insurance account number, except the last
				  four digits or letters thereof.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.5 - Submission of papers to judge

Current through Register Vol. 46, No.
				  28, July 10, 2024
All papers for signature or consideration of
					 the court shall be presented to the clerk of the trial court in the appropriate
					 courtroom or at the 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. All papers for any judge
					 that are filed in the clerk's office shall be promptly delivered to the judge
					 by the clerk. 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, and the name of the attorney or
					 party submitting them.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.7 - Pleadings

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Except as required by statute, a formal pleading may be dispensed with in any
				  case in which the party required to serve the pleading appears in person, and
				  an order to that effect may be entered ex parte by the judge presiding at the
				  appropriate motion part, upon application to the clerk, who shall refer the
				  same to such judge. Any other party may move at the appropriate motion part to
				  modify or vacate such ex parte order.
(b) All formal pleadings in this court
				  and verifications thereof, shall be in conformity with CPLR article
				  30.
(c) An order
				  directing the service and filing of a formal pleading, or pleadings, shall
				  specify the time within which the same shall be served and filed.
(d) A defendant's time to move
				  or answer may be extended by ex parte order no more than once, and for no
				  longer than 10 days beyond the expiration of the original time to answer, and
				  only if there has been no previous extension by consent. All further
				  applications for extensions shall be made by motion upon notice returnable in
				  the part designated to hear motions on notice.
(e) In any action to recover damages for
				  personal injuries arising out of use or operation of a motor vehicle, plaintiff
				  shall set forth in the complaint, whether in short or long form, the
				  jurisdictional facts that permit plaintiff to maintain the action and avoid the
				  bar of the Comprehensive Automobile Insurance Reparations Act.
(f) In addition to those cases
				  in which formal pleadings are required by UDCA 902, the pleadings shall be
				  formal in all of the following actions for money only:
(1) those in which property is held under
				  a levy pursuant to an order of attachment;
(2) upon an agreement of guaranty, surety
				  or indemnification;
(3) upon an insurance policy;
(4) for a penalty of
				  forfeiture;
(5) for a
				  commission;
(6) for
				  fraud and deceit;
(7)
				  for malicious prosecution;
(8) for false imprisonment;
(9) for libel or
				  slander;
(10) for
				  malpractice;
(11) for
				  assault;
(12) for
				  conspiracy; and on any other cause of action where the amount claimed is more
				  than $1,500.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.9 - Venue

Current through Register Vol. 46, No. 28, July 10,
				  2024
Motions for a change of venue shall be heard
					 in the division of the court in which the action was instituted. An order of
					 transfer shall direct the disposition of the papers then on
					 file.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.10 - Calendaring of motions; uniform notice of motion form

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be compliance
				  with the procedures for the bringing of motions prescribed in the UDCA and
				  CPLR. In addition, no motion shall be placed on the calendar for hearing in the
				  appropriate part unless a notice of motion is served and filed with the motion
				  papers. The notice of motion shall read substantially as follows:
DISTRICT COURT OF THE CITY OF
					 ............
________ DISTRICT
............ x
A. B., Notice of Motion
Plaintiff, Index No.
-against- ............
C. D., Oral argument is requested [ ]
(check box if requested)
Defendant.
............ x
Upon the affidavit of ________, sworn to on
					 ________19________, and upon (list supporting papers if any), the ________will
					 move this court at ________ (specify the Part), at the ________Courthouse,
					 ________, ________, New York, on the ________day of ________, 19________, at
					 9:30 a.m. for an order (briefly indicate relief requested).1
The above-entitled action is for (briefly
					 state nature of action, e.g., personal injury, contract, property damage,
					 etc.). This action (is) (is not) on a trial calendar. If on a trial calendar,
					 the calendar number is ________.
Pursuant to CPLR 2214(b), answering
					 affidavits, if any, are required to be served upon the undersigned at least
					 seven days before the return date of this motion.
(check box if applicable) [ ]
Dated:
(Print Name)
______________
(or Attorney in charge of Attorney2
case if law firm) for moving party
Address:
Telephone number:
TO: (Print Name)
____________
Attorney2 for (other party)
Address:
Telephone number:
(Print Name)
____________
Attorney2 for (other party)
Address:
Telephone number:
1 If motion is to reargue, vacate or extend,
					 modify or otherwise affect a prior order, state the name of the judge who
					 decided the prior order.
2If any party is appearing pro se, the name,
					 address and telephone number of such party shall be stated.
(b) The notice of motion set
				  forth in subdivision (a) of this section shall not be required for the return
				  of an order to show cause or an application for ex parte relief.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.11 - Motion parts; motion calendars; motion procedure

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) Motion parts and calendars.
				  There shall be such motion parts and motion calendars as the Chief
				  Administrator of the Courts may designate.
(b) Motion procedure.
(1) All contested motions and
				  proceedings shall be returnable at 9:30 a.m., unless an earlier time is
				  directed by the court. The moving party shall serve copies of all affidavits
				  and briefs upon the adverse parties at the time of service of the notice of
				  motion. The answering party shall serve copies of all affidavits and briefs as
				  required by CPLR 2214. Affidavits shall be for a statement of the relevant
				  facts, and briefs shall be for a statement of the relevant law. Unless
				  otherwise directed by the court, answering and reply affidavits and all other
				  papers required to be furnished to the court by CPLR 2214(c) must be filed no
				  later than the time of argument or submission of the motion.
(2) A judge presiding in any
				  part of court where motions are returnable may determine that any or all
				  motions in that part be orally argued, and may direct that moving and
				  responding papers be filed with the court prior to the time of
				  argument.
(3) Unless
				  oral argument has been requested by a party and permitted by the court, or
				  directed by the court, motion papers received by the clerk of the court on or
				  before the return date shall be deemed submitted as of the return date.
				  Attendance by counsel at the calendar call shall not be required unless (i) a
				  party intends to make an application to the court that is not on the consent of
				  all parties, (ii) attendance of counsel or oral argument is directed by the
				  court, or (iii) oral argument is requested by a party. Attendance by counsel
				  for a party not requesting oral argument is not required where the hearing of
				  oral argument is based solely on the request of another party. A party
				  requesting oral argument shall set forth such request in the notice of motion
				  or on the first page of the answering papers, as the case may be. A party
				  requesting oral argument on a motion brought on by an order to show cause shall
				  do so as soon as practicable before the time the motion is to be
				  heard.
(4) Where there
				  is an issue of fact to be tried, the court may, in its discretion, order an
				  immediate trial of such issue, in which event the action shall be referred to
				  the administrative judge or a designee for assignment.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.12 - Videotape recording of depositions

Current through Register Vol.
				  46, No. 28, July 10, 2024
Depositions authorized under the provisions of
					 the CPLR or other law may be taken, as permitted by subdivision (b) of section
					 3113 of the CPLR, by means of simultaneous audio and visual electronic
					 recording, provided such recording is made in conformity with section
					 202.15 of the Rules of the Chief
					 Administrator (22 NYCRR 202.15).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.13 - Exchange of medical reports in personal injury and wrongful death actions

Current through Register Vol. 46, No. 28, July 10,
				  2024
Except where the court otherwise directs, in
					 all actions in which recovery is sought for personal injuries, disability or
					 death, physical examinations and the exchange of medical information shall be
					 governed by the provisions hereinafter set forth.
(a) At any time after joinder of issue
				  and service of a bill of particulars, the party to be examined or any other
				  party may serve on all other parties a notice fixing the time and place of
				  examination. Unless otherwise stipulated, the examination shall be held not
				  less than 30 nor more than 60 days after service of the notice. If served by
				  any party other than the party to be examined, the notice shall name the
				  examining medical provider or providers. If the notice is served by the party
				  to be examined, the examining parties shall, within 10 days of receipt thereof,
				  submit to the party to be examined the name of the medical provider or
				  providers who will conduct the examination. Any party may move to modify or
				  vacate the notice fixing the time and place of examination or the notice naming
				  the examining medical providers, within 10 days of the receipt thereof, on the
				  grounds that the time or place fixed or the medical provider named is
				  objectionable, or that the nature of the action is such that the interests of
				  justice will not be served by an examination, exchange of medical reports or
				  delivery of authorizations.
(b) At least 20 days before the date of
				  such examination, or on such other date as the court may direct, the party to
				  be examined shall serve upon and deliver to all other parties the following,
				  which may be used by the examining medical provider:
(1) copies of the medical reports of the
				  medical providers who have previously treated or examined the party seeking
				  recovery. These shall include a recital of the injuries and conditions as to
				  which testimony will be offered at the trial, referring to and identifying
				  those X-ray and technicians' reports which will be offered at the trial,
				  including a description of the injuries sustained, a diagnosis, and a
				  prognosis. Medical reports may consist of completed medical provider, workers'
				  compensation, or insurance forms that provide the information required by this
				  paragraph; and
(2)
				  duly executed and acknowledged written authorizations permitting all parties to
				  obtain and make copies of all hospital records and such other records,
				  including X-ray and technicians' reports, as may be referred to and identified
				  in the reports of those medical providers who have treated or examined the
				  party seeking recovery.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.14 - Calendar default; restoration; dismissal

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) Applicability. This section governs
				  calendar defaults, restorations and dismissals, other than striking a case from
				  the calendar pursuant to a motion under section
				  212.17 of this Part, relating to
				  the notice of trial and statement of readiness.
(b) At any scheduled call of a calendar
				  or at a pretrial conference, if all parties do not appear and proceed or
				  announce their readiness to proceed immediately or subject to the engagement of
				  counsel, the judge presiding may note the default on the record and enter an
				  order as follows:
(1) If the
				  plaintiff appears but the defendant does not, the judge may grant judgment by
				  default or order an inquest.
(2) If the defendant appears but the
				  plaintiff does not, the judge may dismiss the action and may order a severance
				  of counterclaims or cross-claims.
(3) If no party appears, the judge may
				  strike the action from the calendar or make such other order as appears
				  just.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.14-a - Proof of default judgement in consumer credit matters (Uniform Civil Rules for the District Courts)

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a)
Definitions.
(1) For purposes of this section, a
consumer credit transaction
means a revolving or open-end
				  credit transaction wherein credit is extended by a financial institution, which
				  is in the business of extending credit, to an individual primarily for
				  personal, family or household purposes, the terms of which include periodic
				  payment provisions, late charges and interest accrual. A consumer credit
				  transaction does not include debt incurred in connection with, among others,
				  medical services, student loans, auto loans or retail installment
				  contracts.
(2)
Original creditor
means the financial institution that owned
				  the consumer credit account at the time the account was charged off, even if
				  that financial institution did not originate the account.
Charged-off
				  consumer debt
means a consumer debt that has been removed from an
				  original creditor's books as an asset and treated as a loss or
				  expense.
(3)
Debt buyer
means a person or entity that is regularly engaged
				  in the business of purchasing charged-off consumer debt for collection
				  purposes, whether it collects the debt itself, hires a third party for
				  collection, or hires an attorney for collection litigation.
(4)
Credit
				  agreement
means a copy of a contract or other document governing the
				  account provided to the defendant evidencing the defendant's agreement to the
				  debt, the amount due on the account, the name of the original creditor, the
				  account number, and the name and address of the defendant. 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.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.15 - Transfer of actions

Current through Register Vol. 46, No. 28, July
				  10, 2024
Actions transferred from the Supreme Court and
					 County Court to a District Court shall be placed in such order and relative
					 position on the appropriate calendars that they will be reached for trial,
					 insofar as practicable, as if a notice of trial had originally been filed in
					 the District Court for the same date as that for which the note of issue was
					 filed in the Supreme Court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.16 - Discontinuance of actions

Current through Register Vol. 46, No. 28, July
				  10, 2024
In any discontinued action, the attorney for
					 the plaintiff shall file a stipulation or statement of discontinuance with the
					 clerk of the court within 20 days of such discontinuance. If the action has
					 been noticed for judicial activity within 20 days of such discontinuance, the
					 stipulation or statement shall be filed before the date scheduled for such
					 activity.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.17 - Notice of trial where all parties appear by attorney

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) The notice of trial filed by any party
				  pursuant to UDCA 1301 shall be accompanied by a certificate of readiness, with
				  proof of service on all parties, in the form prescribed by this section. The
				  notice of trial shall include the index number, name, office address and
				  telephone number of each attorney and
pro se
party who has
				  appeared, and the name of any insurance carrier acting on behalf of any
				  party.
(b) The clerk shall not
				  place any matter on a trial calendar unless there has been compliance with this
				  rule by the party seeking to place the matter on the calendar.
(c) Within 20 days after service of such
				  notice of trial, any party may move to strike the action from the calendar or
				  to keep it from being placed thereon. The affidavit in support of the
				  application must specify the reason the action is not entitled to be on the
				  calendar.
(d) After any action has
				  been placed on the trial calendar pursuant to this rule, no pretrial
				  examination or other preliminary proceedings may be had, except that if some
				  unusual or unanticipated conditions subsequently develop which make it
				  necessary that further pretrial examination or further preliminary proceedings
				  be had, and if without them the moving party would be unduly prejudiced, the
				  court may make an order granting permission to conduct such examination or
				  proceedings and prescribing the time therefor. Such an order may be made only
				  upon motion on notice showing in detail, by affidavit, the facts claimed to
				  entitle the moving party to relief under this subdivision.
(e) Where a party filing a notice of trial,
				  in a medical malpractice action or an action against a municipality, seeking a
				  sum of money only, is prohibited by the provisions of CPLR 3017(c) from stating
				  in the pleadings the amount of damages sought in the action, the party shall
				  indicate in the notice of trial whether the amount of damages exceeds $6,000,
				  exclusive of costs and interest. If it does not, the party shall also indicate
				  if it exceeds $2,000, exclusive of costs and interest.
(f) The certificate of readiness shall read
				  substantially as follows:
CERTIFICATE OF READINESS FOR TRIAL
(Items 1 5 must be checked)
Complete
Waived
Not Required
1. All pleadings served.
2. Bills of particulars served.
3. Physical examinations completed.
4. Medical reports exchanged.
5. Discovery proceedings now known to be necessary
								completed.
6. There are no outstanding requests for
								discovery.
7. There has been a reasonable opportunity complete
								the foregoing proceedings.
8. The case is ready for trial.
Dated:
(Signature)
Attorneys for:
Office and P.O. Address:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.19 - Notice of calendars

Current through Register Vol. 46, No. 28,
				  July 10, 2024
A notice shall be published in a law journal
					 of any and all calls of the reserve calendars at least five court days before
					 such call if the Chief Administrator of the Courts designates a law journal and
					 directs such publication. The notice shall specify the calendar numbers of the
					 actions to be called. In the event that the call of any reserve calendar is
					 suspended by the Chief Administrator and actions are added to the ready
					 calendar without first being called on the reserve calendar, a notice of
					 actions added to the ready calendar, with their calendar number, shall be
					 published in such law journal at least five court days before the call of the
					 reserve calendar.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.20 - Special preferences

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Any party claiming a preference under
				  CPLR 3403 may apply to the court by making a motion in a motion part, in
				  accordance with CPLR 3403(b), the note of issue therein referred to being
				  deemed a reference to a notice of trial.
(b) Counterclaims and cross-claims. A
				  counterclaim or cross-claim which is not entitled to a preference shall not
				  itself defeat the plaintiff's right to a preference under this
				  section.
(c) Result of
				  preference being granted. If a preference is granted, the action shall be
				  placed on a ready calendar for a day certain ahead of all nonpreferred pending
				  cases, as directed by the court, unless the court otherwise orders.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.21 - Objections to applications for special preference

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) Within 20 days of the filing
				  of the notice of trial, if the notice of motion for a special preference is
				  filed therewith, or within 10 days of the service of a notice of motion to
				  obtain a preference, if served and filed subsequent to service and filing of
				  the notice of trial, any other party may serve upon all other parties and file
				  with the clerk affidavits and other relevant papers, with proof of service, in
				  opposition to granting the preference. In the event such opposing papers are
				  filed, the party applying for the preference may, within five days thereafter,
				  serve and file in like manner papers in rebuttal.
(b) In any action which has been
				  accorded a preference in trial upon a motion filed with the clerk, the court
				  shall not be precluded, on its own motion at any time thereafter, from
				  restoring the action to its regular calendar position on the ground that the
				  action is not entitled to a preference under these rules.
(c) Notwithstanding the failure
				  of any party to oppose the application, no preference shall be granted by
				  default unless the court finds that the action is entitled to a
				  preference.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.22 - Pretrial and prearbitration conference calendars

Current through
				  Register Vol. 46, No. 28, July 10, 2024
There shall be such pretrial and
					 prearbitration conference parts and calendars and such mandatory pretrial
					 conferences as may be established by the Chief Administrator of the Courts. The
					 attendance of attorneys who are familiar with the case and who are authorized
					 to act shall be required. The court may also require the attendance of parties,
					 and in the event of failure of attendance by attorneys or parties, the court
					 shall have the same powers with respect to dismissals, defaults, or both, as it
					 might exercise when a case is reached for trial. Upon the pretrial conference
					 of an action, the judge presiding shall consider with counsel and parties the
					 simplification and limitation of the issues and the obtaining of admissions of
					 facts and of documents to avoid unnecessary proof, as well as the ultimate
					 disposition of the action by settlement or compromise.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.24 - Day certain for trial

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Applications for a day certain for
				  trial shall be made to the calendar judge or, if no calendar part has been
				  established, to the trial judge, on an affidavit of the attorney of record or a
				  stipulation of the attorneys for all parties that trial counsel, a party or a
				  material witness resides more than 100 miles from the courthouse or is in the
				  military service or that some other undue hardship exists. Applications to the
				  calendar judge shall be made on notice and must be made before the action is
				  advanced to the ready calendar.
(b) If a day certain is ordered, the
				  action shall be withheld from the ready calendar until that day, at which time
				  it shall appear at the top of the ready calendar. Absent special circumstances,
				  the day designated for trial shall be a date which does not in effect grant a
				  preference to the action. Such day-certain actions shall be taken into
				  consideration in determining the number of actions held for counsel under
				  section 212.25 of this Part when they
				  appear on the ready calendar.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.25 - Engagement of counsel

Current through Register Vol. 46, No. 28, July
				  10, 2024
No adjournment shall be granted on the ground
					 of engagement of counsel except in accordance with Part 125 of the Rules of the
					 Chief Administrator of the Courts (22 NYCRR Part 125).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.27 - Submission of papers for trial

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) Upon the trial of an action, the
				  following papers, if not yet submitted, shall be submitted to the court by the
				  party who has filed the notice of trial:
(1) copies of all pleadings marked as
				  required by CPLR 4012;
(2) a copy of any statutory provision in
				  effect at the time the cause of action arose upon which either the plaintiff or
				  the defendant relies; and
(3) a copy of the bill of particulars, if
				  any.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.28 - Absence of attorney during trial

Current through Register Vol.
				  46, No. 28, July 10, 2024
All trial counsel shall remain in attendance
					 at all stages of the trial until the jury retires to deliberate, unless excused
					 by the judge presiding. The court may permit counsel to leave, provided counsel
					 remain in telephone contact with the court. Any counsel not present during the
					 jury deliberation, further requests to charge, or report of the jury verdict
					 shall be deemed to stipulate that the court may proceed in his or her absence
					 and to waive any irregularity in proceedings taken in his or her
					 absence.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.31 - Restoration after jury disagreement, mistrial or order for new trial

Current through Register Vol. 46, No. 28, July 10,
				  2024
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
					 judge or an appellate court shall be restored to the ready calendar by filing a
					 notice thereof with the appropriate clerk.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.32 - Damages, inquest after default; proof

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) In an inquest to ascertain damages
				  upon a default pursuant to CPLR 3215, if the defaulting party fails to appear
				  in person or by representative, the party entitled to judgment, whether a
				  plaintiff, third-party plaintiff, or a party who has pleaded a cross-claim or
				  counterclaim, shall be permitted to submit, in addition to the proof required
				  by CPLR 3215(e), properly executed affidavits as proof of damages.
(b) In any action where it is
				  necessary to take an inquest before the court, the party seeking damages may
				  submit the proof required by oral testimony of witnesses in open court or by
				  written statements of the witnesses, in narrative or question-and-answer form,
				  signed and sworn to.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.33 - Submission of orders, judgments and decrees for signature

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(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.
(b) Failure to submit the order
				  or judgment timely shall be deemed an abandonment of the motion or action,
				  unless for good cause shown.
(c)
(1) When settlement of an order or
				  judgment is directed by the court, a copy of the proposed order or judgment
				  with notice of settlement, returnable at the office of the clerk of the part in
				  which the order or judgment was granted, or before the judge if the court has
				  so directed or if the clerk is unavailable, shall be served on all parties
				  either:
(i) by personal service
				  not less than five days before the date of settlement; or
(ii) by mail not less than 10
				  days before the date of settlement.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.34 - Absence or disqualification of assigned judge

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) Whenever a judge is
				  temporarily absent from a multipart court, proceedings in progress or scheduled
				  for appearance in the part presided over by that judge shall be reassigned or
				  otherwise handled by the calendar judge, or the administrative judge if no
				  calendar part has been established. If the judge presiding is unavailable or
				  unable to act for more than two court days in succession, the administrative
				  judge having direct supervisory authority over the court shall make whatever
				  arrangements are necessary to accommodate the proceedings assigned to the
				  judge.
(b) If a
				  proceeding is assigned to a judge who is for any reason disqualified from
				  hearing it, the proceeding shall be reassigned to another judge who is not
				  disqualified, to be heard by the assigned judge as expeditiously as
				  possible.
(c) In an
				  emergency, when neither the calendar judge nor the administrative judge can be
				  contacted, any other judge of, or assigned to, the court may act in respect to
				  pending proceedings as may be appropriate.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.36 - Infants' and incapacitated persons' claims and proceedings

Current
				  through Register Vol. 46, No. 28, July 10, 2024
The settlement of an action by an infant or
					 judicially declared incapacitated person (including an incompetent or
					 conservatee) shall comply with CPLR 1207 and 1208, section
					 202.67 of the Rules of the Chief
					 Administrator (22 NYCRR 202.67) and in the case of an infant, with section
					 474 of the
					 Judiciary Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.37 - Executions

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) No
				  execution may be issued against any party who has appeared by an attorney in an
				  action or proceeding, unless a copy of the judgment has been duly served upon
				  the attorney for such party.
(b) No execution may be issued against
				  any party who has appeared in person in any action and who defaults in
				  answering either the original or an amended or supplemental complaint, unless a
				  copy of the judgment has been duly served upon such party personally or mailed
				  to such party by certified mail at the address stated in the notice of
				  appearance or in the last pleading or paper filed by the party with the clerk,
				  or at the address last furnished by the party to the clerk in
				  writing.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.38 - Appeals

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) A
				  notice of appeal shall not be accepted for filing without proof of service upon
				  all parties.
(b) All
				  papers which are to be included in the return on appeal and prepared by the
				  appellant as required by the applicable provisions of the CPLR, shall be
				  furnished by the appellant to the clerk at the time of filing the notice of
				  settlement provided in section 1704 of the UDCA.
(c) In the case of the death,
				  disability or prolonged absence from the city of the judge before whom the
				  action was tried, the return on appeal may be settled by any judge presiding in
				  a motion part in the county in which the judgment was entered, with the same
				  force and effect as if he had tried the case.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.39 - Procedures for the enforcement of money judgments under CPLR article 52

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  All subpoenas and processes for the examination of judgment debtors or other
				  persons, including garnishees, in connection with the enforcement of money
				  judgments, as well as adjournments thereof if made returnable in the court,
				  shall be returnable in such motion part as may be designated by the Chief
				  Administrator of the Courts.
(b) All subpoenas and processes for the
				  examination of judgment debtors or other persons, including garnishees, if made
				  returnable in the court, shall be filed with the clerk of the appropriate
				  motion part with proper affidavits of service, at least two court days before
				  the return day, except where service was made too late for filing within such
				  time, in which event filing before the hour of the return shall suffice and the
				  clerk shall list all such upon the calendar. Stipulations of adjournments, if
				  attendance in court on the adjourned date is required, shall be similarly
				  filed. Unless so filed, the names of the parties shall not be called; nor shall
				  any such names be called unless they appear on a written or typewritten
				  calendar. The judge presiding may, upon proper proof by affidavit showing good
				  cause for the failure to file in accordance with this rule, add any matter to
				  the calendar.
(c) No
				  adjournment of an examination shall be valid unless reduced to writing and a
				  copy thereof delivered to the judgment debtor or other person, including a
				  garnishee, at the time of such adjournment and his acknowledgment of the
				  receipt thereof is endorsed on the original.
(d) There shall be no more than two
				  adjournments of the examination of a judgment debtor or other person, including
				  a garnishee, unless such additional adjournment is approved and such approval
				  is noted on the papers by the judge presiding at a motion part.
(e) No motion shall be made upon
				  the basis of any testimony taken in examinations unless and until such
				  testimony has been reduced to writing and unless and until there has been
				  compliance with the requirements of CPLR 5224(e).
(f) Every subpoena or other
				  process providing for the examination of a judgment debtor or other person,
				  including a garnishee, in addition to the other requirements of CPLR 5223,
				  shall have endorsed on its face, in bold type, the words: "This subpoena or
				  process (as the case may be) requires your personal appearance at the time and
				  place specified. Failure to appear may subject you to fine and imprisonment for
				  contempt of court."