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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.57 - Judicial review of orders of the State Division of Human Rights; procedure

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Any complainant, respondent or other person aggrieved by any order of the State
				  Commissioner of Human Rights or the State Division of Human Rights may obtain
				  judicial review of such order by commencing a special proceeding, within 60
				  days after service of the order, in the Supreme Court in the county where the
				  alleged discriminatory practice which is the subject of the order occurred or
				  where any person required by the order to cease and desist from an unlawful
				  discriminatory practice or to take other affirmative action resides or
				  transacts business. Such proceeding shall be commenced by the filing of a
				  notice of petition and petition naming as respondents the State Division of
				  Human Rights and all other parties appearing in the proceeding before the State
				  Division of Human Rights.
(b) Except as set forth in subdivision
				  (c) of this section, and unless otherwise ordered by the court, the State
				  Division of Human Rights shall have 20 days after service of the notice of
				  petition and petition to file with the court the written transcript of the
				  record of all prior proceedings upon which its order was made.
(c) Where the petition seeks
				  review of an order issued after a public hearing held pursuant to section
				  297
				  (4)(a) of the Executive Law:
(1) the petition shall have
				  annexed to it a copy of such order;
(2) the Supreme Court, upon the filing of
				  the petition, shall make an order directing that the proceeding be transferred
				  for disposition to the Appellate Division in the judicial department embracing
				  the county in which the proceeding was commenced; and
(3) the time and manner of the
				  filing of the written transcript of the record of all prior proceedings shall
				  be determined by the Appellate Division to which the proceeding is
				  transferred.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.58 - Small claims tax assessment review proceedings; small claims sidewalk assessment review proceedings; special rules

Current through Register
				  Vol. 46, No. 28, July 10, 2024
(a) Establishment.
(1) There is hereby established in the
				  Supreme Court of the State of New York in each county a program to hear special
				  proceedings for small claims tax assessment review pursuant to title 1-A of
				  article 7 of the Real Property Tax Law; provided, however, that insofar as
				  Hamilton County may lack required personnel and facilities, Fulton and Hamilton
				  Counties shall be deemed one county for the purposes of this rule.
(2) There also is established in
				  the Supreme Court in each county within the City of New York a program to hear
				  special proceedings for small claims sidewalk assessment review pursuant to
				  section 19-152.3 of the Administrative Code of the City of New York.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.59 - Tax assessment review proceedings in counties outside the City of New York; special rules

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Applicability. This section shall
				  apply to every tax assessment review proceeding brought pursuant to title 1 of
				  article 7 of the Real Property Tax Law in counties outside the City of New
				  York.
(b) Statement of
				  income and expenses. Before the note of issue and certificate of readiness may
				  be filed, the petitioner shall have served on the respondent, in triplicate, a
				  statement that the property is not income-producing, or a copy of a verified or
				  certified statement of the income and expenses on the property for each tax
				  year under review. For the purposes of this section, a cooperative or
				  condominium apartment building shall be considered income-producing property;
				  an owner-occupied business property shall be considered income-producing as
				  determined by the amount reasonably allocable for rent, but the petitioner is
				  not required to make an estimate of rental income.
(c) Audit. Within 60 days after
				  the service of the statement of income and expenses, the respondent, for the
				  purpose of substantiating petitioner's statement of income and expenses, may
				  request in writing an audit of the petitioner's books and records for the tax
				  years under review. If requested, the audit must be completed within 120 days
				  after the request has been made unless the court, upon good cause shown,
				  extends the time for the audit. Failure of the respondent to request or
				  complete the audit within the time limits shall be deemed a waiver of such
				  privilege. If an audit is requested and the petitioner fails to furnish its
				  books and records within a reasonable time after receipt of the request, or
				  otherwise unreasonably impedes or delays the audit, the court, on motion of the
				  respondent, may dismiss the petition or petitions or make such other order as
				  the interest of justice requires.
(d) Filing note of issue and certificate
				  of readiness; additional requirements.
(1) A note of issue and certificate of
				  readiness shall not be filed unless all disclosure proceedings have been
				  completed and the statement of income and expenses has been served and
				  filed.
(2) A separate
				  note of issue shall be filed for each property for each tax year.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.60 - Tax assessment review proceedings in counties within the City of New York; special rules

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Applicability. This section shall
				  apply to every tax assessment review proceeding brought pursuant to title 1 of
				  article 7 of the real Property Tax Law in a county within the City of New
				  York.
(b) Preliminary
				  conference.
(1) Any party to a
				  tax assessment review proceeding may demand, by application served on all other
				  parties and filed with the court, together with proof of such service, a
				  preliminary conference, or the court on its own motion may direct a preliminary
				  conference. The court, in its notice to the parties setting the date for the
				  conference, shall direct the petitioner to serve upon the respondent by a date
				  certain before the date of the conference, the completed statement of income
				  and expenses required by this section, together with any ancillary papers or
				  documents that may be necessary. No note of issue may be filed until a
				  preliminary conference has been held.
(2) The judge presiding at the
				  preliminary conference shall take whatever action is warranted to expedite
				  final disposition of the case, including but not limited to:
(i) directing any party to
				  utilize or comply by a date certain with any pretrial disclosure or bill of
				  particulars procedure authorized by the Civil Practice Law and Rules;
(ii) directing the parties to
				  obtain appraisals and sales reports, and to exchange and file appraisal reports
				  and sales reports by dates certain before the trial;
(iii) directing the filing of a
				  note of issue and certificate of readiness;
(iv) fixing a date for trial, or by which
				  the parties must be ready for trial;
(v) signing any order required;
(vi) conducting conferences for
				  the purpose of facilitating settlement; and
(vii) limiting issues and recording
				  stipulations of counsel.
(3) Failure to comply with any order or
				  directive of the court authorized by this subdivision shall be subject to
				  appropriate sanctions.
(4) Where parties are represented by
				  counsel, only attorneys fully familiar with the action and authorized to make
				  binding stipulations or commitments, or accompanied by a person empowered to
				  act on behalf of the party represented, shall appear at the
				  conference.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.61 - Exchange of appraisal reports in eminent domain proceedings

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
(1) In all proceedings for the
				  determination of the value of property taken pursuant to eminent domain, the
				  exchange of appraisal reports shall be accomplished in the same manner as
				  provided for the exchange of such reports by section
				  202.59(g)  and
				  202.60(g) of this
				  Part, except that such reports shall be filed no later than nine months after
				  service of the claim, demand or notice of appearance required by section
				  503 of the Eminent Domain Procedure Law
				  unless otherwise extended by the court. A note of issue may not be filed until
				  such reports have been filed.
(2) If a party intends to offer at trial
				  expert evidence in rebuttal to any report, an expert's report shall be filed
				  within 60 days after receipt of the document sought to be rebutted.
(3) Upon application of any
				  party upon such notice as the court in which the proceeding is pending shall
				  direct, the court may, upon good cause shown, relieve a party of a default in
				  filing a report, extend the time for filing reports, or allow an amended or
				  supplemental report to be filed upon such conditions as the court may
				  direct.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.62 - Payment of eminent domain award to other than the named awardee

Current
				  through Register Vol. 46, No. 28, July 10, 2024
On all applications for payment of awards in
					 eminent domain proceedings by parties other than the party named in the decree,
					 the applicant shall give notice of its motion to all parties with an interest
					 in the award.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.63 - Assignment for benefit of creditors

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) Records and papers.
(1) In assignments for the
				  benefit of creditors, the clerk shall keep a register and docket. The clerk
				  shall enter in the register in full every final order according to date; the
				  docket shall contain a brief note of each day's proceedings under the
				  respective title.
(2)
				  Every petition, order, decree or other paper shall have endorsed on the outside
				  the nature of such paper, the date of filing, and the name, number and page of
				  the book in which the proceedings are entered by the clerk.
(3) The papers in each
				  proceeding shall be kept in a separate file, as required by section
				  18 of
				  the Debtor and Creditor Law. No paper shall be removed from the files of the
				  court except by order of the court.
(4) Except as otherwise provided by law,
				  every notice or citation, subpoena, and all process shall issue out of the
				  court under seal and be attested by the 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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.64 - Election Law proceedings

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) All applications to the Supreme
				  Court, or to a judge thereof, pursuant to the Election Law, shall be made at
				  the special part designated for such proceedings, and where there is no special
				  part, before the judge to whom the proceeding is assigned. As far as
				  practicable, the application shall be brought in the county in which it
				  arose.
(b) The judge
				  may hear and determine the proceeding or assign it to a referee for hearing or
				  decision, and such proceedings shall have preference over all other business of
				  the part to which it is assigned or before the judge to whom it is
				  assigned.
(c) The
				  final order in an election proceeding shall state the determination and the
				  facts upon which it was made.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.66 - Workers' compensation settlements

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) Applications for approval of
				  compromises of third-party actions pursuant to subdivision 5 of section
				  29 of
				  the Workers' Compensation Law must include all papers described therein, and a
				  proposed order providing that the appropriate insuring body file an affidavit
				  within a specified time consenting to or opposing the application. A copy of
				  all such application papers shall be served on the insurance carrier that is
				  liable for the payment of claims under the Workers' Compensation Law.
(b) If, prior to the return of
				  the application, the court directs that the parties place their stipulation on
				  the record, the transcript shall be filed as part of the papers. In such cases,
				  the matter shall be marked settled subject to written consent of the insuring
				  body, or the entry of an order pursuant to subdivision 5 of section
				  29 of
				  the Workers' Compensation Law.
(c) On the return of the application, the
				  court may hear the matter forthwith or schedule the matter for later hearing if
				  affidavits in opposition to the compromise show that the amount is grossly
				  inadequate in view of the injuries involved, the potential monetary recovery
				  against the third party and the possible exposure of the insuring body to
				  future claims by the plaintiff-petitioner arising out of the same
				  accident.
(d) Nothing
				  in this section shall preclude the insuring body from consenting to a reduction
				  of its lien.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.67 - Infants' and incapacitated persons' claims and proceedings

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) The settlement of an action
				  or claim by an infant or judicially declared incapacitated person (including an
				  incompetent or conservatee) shall comply with CPLR 1207 and 1208 and, in the
				  case of an infant, with section
				  474 of the
				  Judiciary Law. The proposed order in such cases may provide for deduction of
				  the following disbursements from the settlement:
(1) motor vehicle reports;
(2) police reports;
(3) photographs;
(4) deposition stenographic
				  expenses;
(5) service
				  of summons and complaint and of subpoenas;
(6) expert's fees, including analysis of
				  materials; and
(7)
				  other items approved by court order.
The order shall not provide for attorney's
					 fees in excess of one third of the amount remaining after deduction of the
					 above disbursements unless otherwise specifically authorized by the
					 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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.68 - Proceedings involving custody of an Indian child

Current through
				  Register Vol. 46, No. 28, July 10, 2024
In any proceeding in which the custody of a
					 child is to be determined, the court, when it has reason to believe that the
					 child is an Indian child within the meaning of the Indian Child Welfare Act of
					 1948 (92 Stat. 3069), shall require the verification of the child's status in
					 accordance with that act and proceed further, as appropriate, in accordance
					 with the provisions of that act.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.69 - Coordination of related actions pending in more than one judicial district (Repealed)

Current through Register Vol. 46, No. 28,
				  July 10, 2024
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Preamble to Rules 25-33

Current through Register Vol. 46, No. 28,
					 July 10, 2024
The Commercial Division operates in accordance with a
						series of well-crafted rules and principles designed to achieve and promote the
						goals of efficient and cost-effective case management. These rules stress
						organization, preparation and cooperation as well as the use of innovative
						techniques where appropriate. s 25-33, which address trial preparation and
						procedure, reflect these important concepts. These trial rules emphasize the
						importance of pre-trial preparation and remind the practitioner that such
						preparation is an essential element of successfully litigating and conducting a
						complex commercial case and trial. s 25-33 identify a series of key items that
						must be addressed or completed before commencing atrial in the Commercial
						Division and include: accurately estimating the length of the trial so that the
						court, counsel and parties can properly allocate their time; preparing and
						communicating to the court motions in limine in advance of the trial date;
						reviewing, assembling, and pre-marking exhibits; addressing issues that may
						arise in connection with the use of deposition testimony at trial; agreeing on
						a schedule for witnesses and the manner in which each witness will testify
						(including giving consideration to direct testimony by affidavit in a non-jury
						trial); and preparing and negotiating jury instructions and verdict sheets. The
						successful completion and efficiency of the trial depends upon counsel adhering
						to a key component of the Commercial Division rules to meet and confer and
						resolve issues without the need for court intervention. When there is
						compliance with the rules, the result is an efficient and cost-effective
						proceeding that will ensure that the court's time and attention will be used in
						the manner in which it is intended and avoid unnecessary delay and unintended
						consequences
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.1 - Appearance by Counsel with Knowledge and Authority

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) Counsel who appear in the
					 Commercial Division must be fully familiar with the case in regard to which
					 they appear and fully authorized to enter into agreements, both substantive and
					 procedural, on behalf of their clients. Counsel should also be prepared to
					 discuss any motions that have been submitted and are outstanding. Failure to
					 comply with this rule may be regarded as a default and dealt with
					 appropriately. See Rule 12 of this subdivision.
(b) Consistent with the requirements of Rule
					 11-c, counsel for all parties who appear at the preliminary conference shall be
					 sufficiently versed in matters relating to their clients' technological systems
					 to discuss competently all issues relating to electronic discovery. Counsel may
					 bring a client representative or outside expert to assist in such
					 discussions.
(c) It
					 is important that counsel be on time for all scheduled appearances.
(d) Counsel may request the court's
					 permission to participate in court conferences and oral arguments of motions
					 from remote locations through use of videoconferencing or other technologies.
					 Such requests will be granted in the court's discretion for good cause shown;
					 however, nothing contained in this subsection (d) is intended to limit any
					 rights which counsel may otherwise have to participate in court proceedings by
					 appearing in person.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.2 - Settlements and Discontinuances

Current through Register Vol. 46, No.
					 28, July 10, 2024
If an action is settled, discontinued, or
						otherwise disposed of, counsel shall immediately inform the court by e-filing a
						copy of the stipulation and by a letter directed to the clerk of the part along
						with notice to chambers via telephone or e-mail. This notification shall be
						made in addition to the filing of a stipulation with the county clerk. The
						parties need not reveal the terms of a settlement, but must notify the court
						that a resolution has been reached and that both sides have agreed to
						discontinue the case. In addition to notifying the court of a settlement or
						discontinuance, counsel shall withdraw any pending motions and any pending
						appeals.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.3 - Alternative Dispute Resolution (ADR); Settlement Conference Before a Justice Other Than the Justice Assigned to the Case

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) At any stage of the matter, the court may
					 direct or counsel may seek the appointment of an uncompensated mediator or
					 neutral evaluator for the purpose of helping to achieve a resolution of all or
					 some of the issues presented in the litigation. Counsel are encouraged to work
					 together to select a mediator or neutral evaluator that is mutually acceptable
					 and may wish to consult any list of approved neutrals in the county where the
					 case is pending. Additionally, counsel for all parties may stipulate to having
					 the case determined by a summary jury trial pursuant to any applicable local
					 rules or, in the absence of a controlling local rule, with permission of the
					 court.
(b) Should
					 counsel wish to proceed with a settlement conference before a justice other
					 than the justice assigned to the case, counsel may jointly request that the
					 assigned justice grant such a separate settlement conference. This request may
					 be made at any time in the litigation. Such request will be granted in the
					 discretion of the justice assigned to the case upon finding that such a
					 separate settlement conference would be beneficial to the parties and the court
					 and would further the interests of justice. If the request is granted, the
					 assigned justice shall make appropriate arrangements for the designation of a
					 "settlement judge."
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.4 - Electronic Submission of Papers

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) Papers and correspondence by fax.
					 Papers and correspondence filed by fax should comply with the requirements of
					 section 202.5(a) of this
					 Part except that papers shall not be submitted to the court by fax without
					 advance approval of the justice assigned. Correspondence sent by fax should not
					 be followed by hard copy unless requested.
(b) Papers submitted in digital format.
					 In cases not pending in the court's Filing by Electronic Means System, the
					 court may permit counsel to communicate with the court and each other by
					 e-mail. In the court's discretion, counsel may be requested to submit memoranda
					 of law by e-mail or on a computer disk along with an original and courtesy
					 copy.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.5 - Information on Cases

Current through Register Vol. 46, No. 28, July
					 10, 2024
Information on future court appearances
						and case developments can be found at the court system's eCourts site (
www.nycourts.gov/ecourts
). Neither the
						court nor the court clerk will be responsible for notifying the parties of
						scheduled court appearances, although the court or the court clerk may do so at
						their discretion.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.6 - Form of Papers

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) All papers submitted to the
					 Commercial Division shall not be inconsistent with CPLR 2101 and section
					 202.5(a). Papers
					 shall be double spaced and contain print no smaller than twelve-point, or 81/2x
					 11 inch paper, bearing margins no smaller than one inch. Unless otherwise
					 directed by the Court or provided in the Court's individual rules, all text in
					 briefs and affidavits, including footnotes, shall use proportionally spaced
					 12-point serif typeface. Papers also shall comply with Part 130 of the Rules of
					 the Chief Administrator. Each electronically-submitted memorandum of law and,
					 where appropriate, affidavit and affirmation shall include bookmarks providing
					 a listing of the document's contents and facilitating easy navigation by the
					 reader within the document.
(b) For
					 purposes of this Rule, a hyperlink means an electronic link between one
					 document and another, and a bookmark means an electronic link permitting
					 navigation among different parts of a single document. Material made accessible
					 by hvperlinking does not thereby become part of the record, and citations to
					 authorities shall appear in standard citation form, even if also
					 hvperlinked.
(c) Each
					 electronically submitted memorandum of law or other document that cites to
					 another document previously filed with NYSCEF shall include a hyperlink to the
					 NYSCEF docket entry for the cited document enabling access to the cited
					 document through the hyperlink. Hyperlinks may not provide access to documents
					 filed under seal or otherwise not in the public record. Cited documents filed
					 with NYSCEF that are accessible through bookmarks in the electronically
					 submitted document need not also be hyperlinked.
(1) The Court may require that electronically submitted memoranda
					 of law include hyperlinks to cited court decisions, statutes, rules,
					 regulations. treatises, and other legal authorities in either legal research
					 databases to which the Court has access or in state or federal government
					 websites. If the Court does not require such hyperlinking. parties are
					 nonetheless encouraged to hyperlink such citations unless otherwise directed by
					 the Court.
(2) If a party certifies
					 in good faith that it cannot include hyperlinks as required by this Rule or the
					 Court without undue burden, due to limitations in its office technology or
					 other showing of good cause, the Court may excuse the party from any otherwise
					 applicable hyperlinking requirement.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.7 - Preliminary Conference; Request

Current through Register Vol. 46,
					 No. 28, July 10, 2024
A preliminary conference shall be held
						within 45 days of assignment of the case to a Commercial Division justice, or
						as soon thereafter as is practicable. Except for good cause shown, no
						preliminary conference shall be adjourned more than once or for more than 30
						days. If a request for judicial intervention is accompanied by a dispositive
						motion, the preliminary conference shall take place within 30 days following
						the decision of such motion (if not rendered moot) or at such earlier date as
						scheduled by the justice presiding. Notice of the preliminary conference date
						will be sent by the court at least five days prior thereto.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.8 - Consultation prior to Preliminary and Compliance Conferences

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a) Counsel for all
					 parties shall consult prior to a preliminary or compliance conference about:
(i) resolution of the case, in whole or in
					 part;
(ii) discovery and any other
					 topics to be discussed at the conference, including electronic discovery, as
					 set forth in Rule 11-c, and the timing and scope of expert disclosure under
					 Rule 13(c);
(iii) the use of
					 alternate dispute resolution to resolve all or some issues in the litigation;
					 and
(iv) any voluntary and informal
					 exchange of information that the parties agree would help aid early settlement
					 of the case. Counsel shall make a good faith effort to reach agreement on these
					 matters in advance of the conference.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.9 - Accelerated Adjudication Actions

Current through Register Vol. 46,
					 No. 28, July 10, 2024
(a) This rule is applicable to all
					 actions, except to class actions brought under article 9 of the CPLR, in which
					 the court by written consent of the parties is authorized to apply the
					 accelerated adjudication procedures of the Commercial Division of the Supreme
					 Court. One way for parties to express their consent to this accelerated
					 adjudication process is by using specific language in a contract, such as:
					 "Subject to the requirements for a case to be heard in the Commercial Division,
					 the parties agree to submit to the exclusive jurisdiction of the Commercial
					 Division, New York State Supreme Court and to the application of the Court's
					 accelerated procedures, in connection with any dispute, claim or controversy
					 arising out of or relating to this agreement, or the breach, termination,
					 enforcement or validity thereof."
(b) In any matter proceeding through the
					 accelerated process, all pre-trial proceedings, including all discovery,
					 pre-trial motions and mandatory mediation, shall be completed and the parties
					 shall be ready for trial within nine months from the date of filing of a
					 Request of Judicial Intervention (RJI).
(c) In any accelerated action, the court
					 shall deem the parties to have irrevocably waived:
(1) any objections based on lack of
					 personal jurisdiction or the doctrine of forum non conveniens;
(2) the right to trial by
					 jury;
(3) the right
					 to recover punitive or exemplary damages;
(4) the right to any interlocutory
					 appeal; and
(5) the
					 right to discovery, except to such discovery as the parties might otherwise
					 agree or as follows:
(i) there
					 shall be no more than seven interrogatories and five requests to
					 admit;
(ii) absent a
					 showing of good cause, there shall be no more than seven discovery depositions
					 per side with no deposition to exceed seven hours in length. Such depositions
					 can be done either in person at the location of the deponent, a party or their
					 counselor in real time by any electronic video device; and
(iii) documents requested by
					 the parties shall be limited to those relevant to a claim or defense in the
					 action and shall be restricted in terms of time frame, subject matter and
					 persons or entities to which the requests pertain.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.9-a - Immediate Trial or Pre-Trial Evidentiary Hearing

Current through
					 Register Vol. 46, No. 28, July 10, 2024
Subject to meeting the requirements of CPLR 2218,
						3211(c) or 3212(c), parties are encouraged to demonstrate on a motion to the
						court when a pre-trial evidentiary hearing or immediate trial may be effective
						in resolving a factual issue sufficient to effect the disposition of a mate-
						rial part of the case. Motions where a hearing or trial on a material factual
						issue may be particularly useful in disposition of a material part of a case,
						include, but are not limited to:
(a)
					 Dispositive motions to dismiss or motions for summary judgment;
(b) Preliminary injunction motions, including
					 but not limited to those instances where the parties are willing to consent to
					 the hearing being on the merits;
(c) Spoliation of evidence motions where the
					 issue of spoliation impacts the ultimate outcome of the action;
(d) Jurisdictional motions where issues,
					 including application of long arm jurisdiction, may be dispositive;
(e) Statute of limitations motions; and
(f) Class action certification
					 motions.
In advance of an immediate trial or evidentiary hearing,
						the parties may request, if necessary, that the court direct limited expedited
						discovery targeting the factual issue to be tried
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.9-b - Referees

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Counsel should be aware that in accordance with CPLR 4301
						and 4317(a), on consent of the parties, and with the agreement of the Court,
						any person may be appointed by the Court to act in place of the assigned
						Supreme Court Justice, to determine any or all issues or to perform any act,
						with all the powers of 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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.11 - Discovery

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a) The court may
					 direct plaintiff to produce a document stating clearly and concisely the issues
					 in the case prior to the preliminary conference. If there are counterclaims,
					 the court may direct the party asserting such counterclaims to produce a
					 document stating clearly and concisely the issues asserted in the
					 counterclaims. The court may also direct plaintiff and counterclaim plaintiff
					 to each produce a document stating each of the elements in the causes of action
					 at issue and the facts needed to establish their case.
(b) The court may further direct, if a
					 defendant filed a motion to dismiss and the court dismissed some but not all of
					 the causes of action, plaintiff and counterclaim plaintiff to revisit the
					 documents to again state, clearly and concisely, the issues remaining in the
					 case, the elements of each cause of action and the facts needed to establish
					 their case.
(c) Any written
					 description of a party's claims/defenses provided under this Rule is not
					 binding and does not limit the scope of a party's pleadings.
(d) The preliminary conference will result in
					 the issuance by the court of a preliminary conference order. Where appropriate,
					 the order will contain specific provisions for means of early disposition of
					 the case, such as (i) directions for submission to the alternative dispute
					 resolution program, including, in all cases in which the parties certify their
					 willingness to pursue mediation pursuant to Rule 10, provision of a specific
					 date by which a mediator shall be identified by the parties for assistance with
					 resolution of the action; (ii) a schedule of limitedissue discovery in aid of
					 early dispositive motions or settlement; and/or (iii) a schedule for
					 dispositive motions before disclosure or after limited-issue
					 disclosure.
(e) The order will also
					 contain a comprehensive disclosure schedule, including dates for the service of
					 third-party pleadings, discovery, motion practice, a compliance conference, if
					 needed, a date for filing the note of issue, a date for a pre-trial conference
					 and a trial date.
(f) The
					 preliminary conference order may provide for such limitations of
					 interrogatories and other discovery as may be necessary to the circumstances of
					 the case. Additionally, the court should consider the appropriateness of
					 altering prospectively the presumptive limitations on depositions set forth in
					 Rule 11-d.
(g) The court will
					 determine, upon application of counsel, whether discovery will be stayed,
					 pursuant to CPLR 3214(b), pending the determination of any dispositive
					 motion.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.11-a - Interrogatories

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Interrogatories are limited to 25 in number, including subparts, unless another
					 limit is specified in the preliminary conference order. This limit applies to
					 consolidated actions as well.
(b) Unless otherwise ordered by the court, interrogatories are
					 limited to the following topics: name of witnesses with knowledge of
					 information material and necessary to the subject matter of the action,
					 computation of each category of damage alleged, and the existence, custodian,
					 location and general description of material and necessary documents, including
					 pertinent insurance agreements, and other physical evidence.
(c) During discovery,
					 interrogatories other than those seeking information described in paragraph (b)
					 above may only be served:
(1)
					 if the parties consent; or
(2)if ordered by the court for good
					 cause shown.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.11-d - Limitations on Depositions

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Unless otherwise stipulated to by
					 the parties or ordered by the court:
(1) the number of depositions taken by
					 plaintiffs, or by defendants, or by third-party defendants, shall be limited to
					 10; and
(2)
					 depositions shall be limited to 7 hours per deponent.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.11-e - Responses and Objections to Document Requests

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) For each document request
					 propounded, the responding party shall, in its Response and Objections served
					 pursuant to CPLR 3122(a) (the ''Responses''), either:
i. state that the production will be
					 made as requested; or
ii. state with reasonable particularity
					 the grounds for any objection to production.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.11-f - Depositions of Entities; Identification of Matters

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) A notice or subpoena may name as a
					 deponent a corporation, business trust, estate, trust, partnership, limited
					 liability company, association, joint venture, public corporation, government,
					 or govern- mental subdivision, agency or instrumentality, or any other legal or
					 commercial entity.
(b) Notices and subpoenas directed to an
					 entity may enumerate the matters upon which the person is to be examined, and
					 if so enumerated, the matters must be described with reasonable
					 particularity.
(c) If
					 the notice or subpoena to an entity does not identify a particular officer,
					 director, member or employee of the entity, but elects to set forth the matters
					 for examination as contemplated in section (b) of this Rule, then no later than
					 ten days prior to the scheduled deposition:
(1) the named entity must designate one
					 or more officers, directors, members or employees, or other individual(s) who
					 consent to testify on its behalf;
(2) such designation must include the
					 identity, description or title of such individual(s); and
(3) if the named entity
					 designates more than one individual, it must set out the matters on which each
					 individual will testify.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.11-g - Proposed Form of Confidentiality Order

Current through Register Vol. 46, No. 28,
					 July 10, 2024
The following procedure shall apply in those parts of the
						Commercial Division where the justice presiding so elects:
(a) For all commercial cases
					 that warrant the entry of a confidentiality order, the parties shall submit to
					 the Court for signature the proposed stipulation and order that appears in
					 Appendix B to these Rules of the Commercial Division.
(b) In the event the parties
					 wish to deviate from the form set forth in Appendix B, they shall submit to the
					 Court a red-line of the proposed changes and a written explanation of why the
					 deviations are warranted in connection with the pending matter.
(c) In the event the parties wish to
					 incorporate a privilege clawback provision into either (i) the confidentiality
					 order to be utilized in their commercial case, or (ii) another form of order
					 utilized by the Justice presiding over the matter, they shall utilize the text
					 set forth in Appendix B, Paragraph 18 to these Rules of the Commercial
					 Division. In the event the parties wish to deviate from the language in
					 Appendix B, Paragraph 18, they shall submit to the Court a red-line of the
					 proposed changes and a written explanation of why the deviations are warranted
					 in connection with the pending matter.
(d) In the event the parties wish to
					 incorporate Attorney's Eyes-Only protection, the parties shall submit to the
					 Court for signature the proposed stipulation and order that appears in Appendix
					 F to these Rules of the Commercial Division. Appendix F provides both a clean
					 form of order as well as a redline, which illustrates how it differs from the
					 confidentiality order without Attorney's Eyes-Only protection and referenced in
					 Rule 11-g(a) above. In the event the parties wish to deviate from the
					 Attorney's Eyes-Only form set forth in Appendix F, they shall submit to the
					 Court a redline of the proposed changes and a written explanation of why the
					 deviations are warranted in connection with the pending matter.
(e) Nothing in this rule shall preclude a
					 party from seeking any form of relief otherwise permitted under the Civil
					 Practice Law and Rules.
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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.12 - Non-Appearance at Conference

Current through Register Vol. 46, No.
					 28, July 10, 2024
The failure of counsel to appear for a
						conference may result in a sanction authorized by section 130.2.1 of the Rules
						of the Chief Administrator or section
						202.27 of this Part, including
						dismissal, the striking of an answer, an inquest or direction for judgment, or
						other appropriate sanction.