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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.9 - Preliminary conference

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) The Chief Administrator of the Courts
				  may designate a specific class or specific classes of cases in one or more
				  counties to be subject to this section.
(b) The plaintiff in a class of cases
				  designated by the Chief Administrator pursuant to subdivision (a) of this
				  section shall request a preliminary conference within 45 days after joinder of
				  issue. The request shall state the title of the action: index number; date of
				  joinder of issue; name, address, and telephone number of all attorneys
				  appearing in the action; and the nature of the action. The request shall be
				  served on all other parties and filed with the clerk together with stamped
				  postcards addressed to all parties. The court shall order a preliminary
				  conference in the action upon compliance with the requirements of this
				  subdivision.
(c) The
				  clerk shall notify all parties of the scheduled conference date, which shall be
				  not more than 45 days from the date the request for a preliminary conference is
				  filed unless the court orders otherwise. A form of stipulation and order,
				  prescribed by the Administrative Judge, shall be made available which the
				  parties may sign, agreeing to a timetable which shall provide for completion of
				  disclosure. If all parties sign the form and return it to the court before the
				  scheduled preliminary conference, such form shall be "so ordered" by the court,
				  and, unless the court orders otherwise, the scheduled preliminary conference
				  shall be canceled. If such stipulation is not returned signed by all parties,
				  the parties shall appear at the conference. Except where a party appears in the
				  action pro se, an attorney thoroughly familiar with the action and authorized
				  to act on behalf of the party shall appear at such conference.
(d) The matters to be considered
				  at the preliminary conference shall include:
(1) the simplification and limitation of
				  factual and legal issues, where appropriate;
(2) establishment of a timetable for the
				  completion of all disclosure proceedings;
(3) addition of other necessary
				  parties;
(4)
				  settlement of the action; and
(5) any other matters that the court may
				  deem relevant.
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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.10 - 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 prescribed in the NYCCCA and the CPLR for the bringing of
				  motions. 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:
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF ________
............ x
A. B.,
Notice of Motion
Plaintiff,
Index No. (If assigned)
-against-
________
C. D., Oral Argument is requested
Defendant. (check box if requested) [
					 ]
............ 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 the motion.
[ ] (check if applicable)
Dated:
(Print Name)
________
Attorney2 (or Attorney in charge of case if
					 law firm) for moving party
Address:
Telephone number:
(Print Name)
TO: ............
Attorney2 for (other party)
Address:
Telephone number:
(Print Name)
............
Attorney2 for (other party)
Address:
Telephone number:
________
1If 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 person 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.11 - 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 shall 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 or pro
				  se party 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 upon the request of another party. A party requesting oral
					 argument shall set forth such request in its 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.12 - 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.13 - 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 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 those 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 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.14 - 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
				  208.17 of this Part relating to
				  the notice of trial and certificate 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.14-a - Proof of default judgement in consumer credit matters (Uniform Civil Rules for the New York City Civil Court)

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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.15 - Transfer of actions

Current through Register Vol. 46, No. 28, July
				  10, 2024
Actions transferred from the Supreme Court to
					 the Civil Court of the City of New York 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 been filed in the
					 Civil Court of the City of New York 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.16 - 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.17 - 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 NYCCCA 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.
Bill of particulars served.
3.
Physical examinations completed.
4.
Medical reports exchanged.
5.
Discover proceedings now known to be necessary
								completed.
6.
There are no outstanding requests for discovery.
7.
There has been a reasonable opportunity to complete
								the foregoing proceedings.
8.
The case is ready for trial.
Dated: ____________
(Signature) ___________
Attorney(s) 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.18 - Calendars of triable actions

Current through Register Vol. 46, No.
				  28, July 10, 2024
There shall be such calendars as may be
					 established, from time to time, in the discretion of the Chief Administrator of
					 the Courts. These calendars may include:
(a)
(1) General calendar. A general calendar
				  is for actions in which issue has been joined.
(2) Preliminary conference
				  calendar. A preliminary conference calendar is for the calendaring for
				  conference of cases after issue has been joined for specific classes of cases
				  designated by the Chief Administrator of the Courts.
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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.19 - Notice of calendars

Current through Register Vol. 46, No. 28,
				  July 10, 2024
A notice shall be published in a law journal
					 designated by the Chief Administrator of the Courts of any and all calls of the
					 reserve calendars at least five court days before such call. 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.20 - 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 preference 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.21 - Objection 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.22 - Pretrial and prearbitration conference calendars

Current through
				  Register Vol. 46, No. 28, July 10, 2024
There shall be such pretrial conference parts
					 and calendars and such mandatory pretrial and prearbitration 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.24 - 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 208.25 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.25 - 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.27 - 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
				  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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.28 - 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.29 - Traverse hearings

Current through Register Vol. 46, No. 28,
				  July 10, 2024
Whenever the court has scheduled a hearing to
					 determine whether process was served validly and timely upon a party, and where
					 a process server will testify as to the service, the process server shall be
					 required to bring to the hearing all records in the possession of the process
					 server relating to the matter at issue. Where the process server is licensed,
					 he or she also shall bring the license to 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.31 - 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.32 - 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.33 - 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.34 - 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.35 - Bifurcated trials

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Judges are encouraged to order a
				  bifurcated trial of the issues of liability and damages in any action for
				  personal injury where it appears that bifurcation may assist in a clarification
				  or simplification of issues and a fair and more expeditious resolution of the
				  action.
(b) Where a
				  bifurcated trial is ordered, the issues of liability and damages shall be
				  severed and the issue of liability shall be tried first, unless the court
				  orders otherwise.
(c)
				  During the voir dire conducted prior to the liability phase of the trial, if
				  the damage phase of the trial is to be conducted before the same jury, counsel
				  may question the prospective jurors with respect to the issue of damages in the
				  same manner as if the trial were not bifurcated.
(d) In opening to the jury on
				  the liability phase of the trial, counsel may not discuss the question of
				  damages. However, if the verdict of the jury shall be in favor of the plaintiff
				  on the liability issue or in favor of the defendant on any counterclaim on the
				  liability issue, all parties shall then be afforded an opportunity to address
				  the jury on the question of damages before proof in that regard is presented to
				  the jury.
(e) In the
				  event of a plaintiff's verdict on the issue of liability or a defendant's
				  verdict on the issue of liability on a counterclaim, the damage phase of the
				  trial shall be conducted immediately thereafter before the same judge and jury,
				  unless the judge presiding over the trial, for reasons stated in the record,
				  finds such procedures to be impracticable.
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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.36 - 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.37 - 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.38 - 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 NYCCCA.
(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 or she 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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.39 - 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 of each county division of the court 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.
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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.40 - Arbitration

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Alternative method of dispute resolution by arbitration. Where the Chief
				  Administrator of the Courts has established this arbitration program, Part 28
				  of the Rules of the Chief Judge (22 NYCRR Part 28) shall control the
				  proceedings.
(b) Where
				  the parties agree to arbitrate a claim under NYCCCA 206, arbitration
				  proceedings shall be conducted in accordance with CPLR article 75.
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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.41 - Small claims procedure

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) A
				  small claims action shall be instituted by a plaintiff or someone on his or her
				  behalf paying the filing fee as provided in NYCCCA 1803, and by supplying to
				  the clerk the following information:
(1)
				  plaintiff's name and residence address;
(2) defendant's name and place of residence,
				  or place of business or employment; and
(3) the nature and amount of the plaintiff's
				  claim, giving dates and other relevant information.
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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.41-a - Commercial claims procedure

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) A
				  commercial claims action may be brought by a claimant that is:
(1) a corporation, including a municipal or
				  public benefit corporation, partnership, or association, which has its
				  principal office in the City of New York; or
(2) an assignee of any commercial claim,
				  subject to the restrictions set forth in NYCCCA 1809-A.
The action shall be instituted by the claimant or someone
					 on its behalf by paying the filing fee and the cost of sending the notice of
					 claim as provided in NYCCCA 1803-A and by filing and signing a written
					 application containing the following information:
(i) claimant's name and principal office
				  address;
(ii) defendant's name and
				  place of residence or place of business or employment;
(iii) the nature and amount of the claim,
				  including dates, and other relevant information; where the claim arises out of
				  a consumer transaction (one where the money, property or service which is the
				  subject of the transaction is primarily for personal, family or household
				  purposes), information showing that the transaction is a consumer
				  transaction;
(iv) a certification
				  that not more than five claims have been instituted in the courts of this State
				  in the calendar month; and
(v) in
				  the case of a commercial claim arising out of a consumer transaction, a
				  certification that the claimant has mailed a demand letter, containing the
				  information set forth in NYCCCA section 1803-A, no less than 10 days and no
				  more than 180 days prior to the commencement of the claim.
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 208 - UNIFORM CIVIL RULES FOR THE NEW YORK CITY CIVIL COURT › Section 208.42 - Proceedings under article 7 of the Real Property Actions and Proceedings Law

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) Such
				  proceedings involving residential property shall be commenced in the housing
				  part.
(b) The chief administrator
				  of the courts shall promulgate, and post on the Unified Court System website, a
				  form notice of petition for mandatory use in eviction proceedings involving
				  residential property under article 7 of the Real Property Actions and
				  Proceedings Law (other than in proceedings brought on the ground that the
				  respondent has defaulted in the payment of rent).
(c) Real Property Action and Proceedings Law
				  section 732 shall be applicable in this court in a proceeding brought on the
				  ground that the respondent has defaulted in the payment of rent. The chief
				  administrator of the courts shall promulgate, and post on the Unified Court
				  System website, a form notice of petition for mandatory use in such
				  proceedings.
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(d)
				  [
Reserved
].
(e)
(1) Except as may otherwise be provided by
				  statute, a post-trial application to stay the issuance of a warrant shall be
				  made, or referred, to the judge who directed entry of the judgment.
(2) Applications for an extension of time to
				  comply with orders or judgments to pay moneys, vacate the premises or make
				  repairs, or to correct mathematical errors, may be referred to a judge other
				  than the one who signed the order or judgment.