reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.40 - 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 UDCA 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 212 - Uniform Civil Rules for the District Courts › Section 212.41 - 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 UDCA 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 212 - Uniform Civil Rules for the District Courts › Section 212.41-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 State of New York, or
(2) an assignee of any commercial claim,
				  subject to the restrictions set forth in UDCA 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 UDCA 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 UDCA 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 212 - Uniform Civil Rules for the District Courts › Section 212.42 - 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 district
				  in which the real property or portion thereof is located. No default shall be
				  noted until at least one hour after the hour when the proceeding is
				  called.
(b) The chief administrator
				  of the courts shall promulgate and post on the Unified Court System website:
(1) 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 brought on the ground that the
				  respondent has defaulted in the payment of rent;
(2) 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); and
(3) a form notice of
				  petition for use in nonresidential eviction proceedings under Article 7 of the
				  Real Property Actions and Proceedings Law,
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 212 - Uniform Civil Rules for the District Courts › Section 212.43 - Powers of clerks

Current through Register Vol. 46, No. 28, July
				  10, 2024
The chief clerk, deputy chief clerks and
					 clerks of the court are authorized to administer oaths, take acknowledgments
					 and sign the process and mandates of the court. Other nonjudicial personnel of
					 the court may from time to time likewise be so authorized by order of 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 214 - Uniform Civil Rules for the Justice Courts › Section 214.1 - Application of Part; waiver; additional rules; definitions

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) Application. This Part shall
				  be applicable to all actions and proceedings in the Town, Village and City
				  Justice Courts of the State of New York, outside the City of New
				  York.
(b) Waiver. For
				  good cause shown, and in the interests of justice, the court in an action or
				  proceeding may waive compliance with any of the rules in this Part, unless
				  prohibited from doing so by statute or by a rule of the Chief Judge.
(c) Additional rules. Additional
				  local court rules, not inconsistent with law or with these rules, shall comply
				  with Part 9 of the Rules of the Chief Judge (22 NYCRR Part 9).
(d) Application of the Uniform
				  Justice Court Act. The provisions of this Part shall be construed as consistent
				  with the Uniform Justice Court Act (UJCA), and matters not covered by these
				  provisions shall be governed by the UJCA.
(e) Definitions.
(1) Chief Administrator of the Courts in
				  this Part includes a designee of the Chief Administrator.
(2) Unless otherwise defined in
				  this Part, or the context otherwise requires, all terms used in this Part shall
				  have the same meaning as they have in the UJCA and the CPLR.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 214 - Uniform Civil Rules for the Justice Courts › Section 214.2 - Place and hours of court

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) It is the policy that the public is
				  best served by justice courts which function in facilities provided by the
				  municipality, and it is also the policy that each justice of those courts
				  participate equally in the duties of the court. When facilities are provided by
				  the municipality, the sessions of the court shall be held therein.
(b) Each court shall establish
				  the days and times when it shall sit in regular session. Such days and times
				  shall be subject to modification by the Chief Administrator of the Courts. The
				  court's schedule as so established shall be filed with the clerk of the
				  municipality, shall be posted where other official notices are posted and shall
				  be filed with the law enforcement agencies regularly appearing in the court.
				  The clerk's office shall be open at hours established by each court, subject to
				  the further order of the Chief Administrator.
(c) Return dates of process shall conform
				  with the above schedule unless otherwise provided by law, rule or
				  order.
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 214 - Uniform Civil Rules for the Justice Courts › Section 214.4 - Pleadings

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Except as required by statute, a formal pleading may be dispensed with in any
				  case in which the party required to serve the pleading appears in
				  person.
(b) All formal
				  pleadings and verifications thereof shall be in conformity with CPLR article
				  30.
(c) An order
				  directing the service and filing of a formal pleading, or pleadings, shall
				  specify the time within which the same shall be served and filed.
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 214 - Uniform Civil Rules for the Justice Courts › Section 214.5 - Civil enforcement officers

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) All enforcement officers shall keep
				  accurate and detailed records, properly indexed, of all functions performed by
				  them, pursuant to law, rule or order, in their capacity as law enforcement
				  officers.
(b) In
				  addition to the enforcement officers enumerated in UJCA 110, the municipal
				  board may designate other persons to serve as enforcement officers in civil
				  matters.
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 214 - Uniform Civil Rules for the Justice Courts › Section 214.6 - Power of clerks to administer oaths and perform certain other duties

Current through Register Vol. 46, No. 28, July 10,
				  2024
The court clerk and one of the deputy or
					 assistant court clerks designated by the clerk are authorized and empowered to
					 administer oaths, take acknowledgments, sign the process or mandate of the
					 court and certify the records of 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 214 - Uniform Civil Rules for the Justice Courts › Section 214.7 - Conciliation conference

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Any party who commences an action,
				  proceeding or claim within the court's jurisdiction or against whom such an
				  action, proceeding or claim is commenced, which, in his or her opinion, may be
				  adjusted without resort to a trial, may apply to the court for the issuance, in
				  the discretion of the court, of a notice of conciliation, or the court on its
				  own motion may order such conciliation. However, such conciliation conference
				  may be ordered only upon the prior written consent of the parties that, should
				  the controversy not be resolved by conciliation, the justice who presides over
				  the conciliation conference may preside over a subsequent trial of the action,
				  proceeding or claim.
(b) If the court so orders, the clerk
				  shall immediately fix a date for a conciliation conference and shall mail
				  notice to all parties to the controversy. At least 10 days' notice shall be
				  given, exclusive of the day of mailing. The notice shall designate the address
				  of the court and the time and date where the hearing will be held.
(c) Conciliation conferences
				  shall be informal, and the justice presiding shall endeavor to effect an
				  amicable and equitable adjustment between the parties. The justice shall permit
				  either party to be assisted by counsel, but no record of the proceeding shall
				  be kept. At the conference, the justice shall not be bound by the rules
				  regarding admissibility of evidence.
(d) The justice shall direct the clerk to
				  make an entry in the docket hereinafter referred to of the terms of the
				  settlement or that no settlement was effected. No judgment or order enforceable
				  by law shall be rendered or made by the justice except upon the consent or
				  written stipulation of the parties.
(e) A docket shall be kept wherein proper
				  entries of all proceedings shall be made. Such docket may not be offered in
				  evidence or referred to upon any subsequent trial of the controversy.
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 214 - Uniform Civil Rules for the Justice Courts › Section 214.8 - 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 prepared by the appellant that are required to be included in the return
				  on appeal 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 UJCA.
(c) In the case of the death,
				  disability or prolonged absence from the municipality of the justice before
				  whom the action was tried, the return on appeal may be settled by any other
				  justice of 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 214 - Uniform Civil Rules for the Justice Courts › Section 214.9 - Bank account requirements for town justices and village justices

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Every town justice and village justice, including acting village justices,
				  shall deposit, as soon as practicable, all monies received in his or her
				  judicial capacity in a separate bank account in his or her name as such
				  judicial officer, in a bank or trust company in this State, pending disposition
				  as required by law. In no event shall any deposit be made later than 72 hours,
				  exclusive of Sundays and holidays, from the day of receipt.
(b) Withdrawals from such
				  accounts shall be only for purposes permitted by law.
(c) Every justice now having
				  such a bank account or required by subdivision (a) of this section to open such
				  a bank account shall, within 10 days after the effective date of this rule
				  [Jan. 6, 1986], or within 10 days after the opening or transfer of such a bank
				  account, notify the Chief Administrator of the Courts in writing of the name
				  and address of the bank in which the account has been opened or transferred to,
				  the title of the account, the account number and the date that said account was
				  opened or transferred. If, for any reason, the justice, during his or her
				  tenure, shall close or transfer said account to a different bank, within 10
				  days of such closing or transfer written notification, stating the reasons
				  therefor, shall be given to the Chief Administrator.
(d) With the consent of all the
				  justices of a town or village, a joint account in the names of all the justices
				  may be opened for the deposit of bail monies only. Such an account shall in all
				  other respects comply with the provisions of this section.
(e) The provisions of this
				  section shall not apply to a justice who does not actually receive monies in a
				  judicial capacity, providing he or she files with the Chief Administrator a
				  written statement setting forth the fact that he or she does not receive monies
				  in a judicial capacity and the reasons therefor.
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 214 - Uniform Civil Rules for the Justice Courts › Section 214.10 - Small claims procedure

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Each
				  Town, Village and City Justice Court shall schedule at least one session every
				  other week for the hearing of small claims and may allocate some portion of
				  every session of court specifically for the hearing of such claims as defined
				  in the UJCA. During the times designated for the hearing of small claims, the
				  court shall sit as a small claims part. In those courts having more than one
				  judge, each judge shall participate equally in the handling of small
				  claims.
(b) A small claims action
				  shall be commenced by a plaintiff or someone on his or her behalf paying the
				  filing fee as provided in UJCA 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 214 - Uniform Civil Rules for the Justice Courts › Section 214.11 - Recordkeeping requirements

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Each Town and Village Justice Court
				  shall maintain:
(1) case files
				  containing all papers filed, orders issued, any minutes or notes made by the
				  court of proceedings or testimony, and a copy of any original documents or
				  papers forwarded to another court or agency;
(2) an index of cases with a unique
				  number assigned to each case when filed; and
(3) a cashbook which shall
				  chronologically itemize all receipts and disbursements.
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 214 - Uniform Civil Rules for the Justice Courts › Section 214.12 - Omission or redaction of confidential personal information in civil actions and proceedings

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Except
				  for any action or proceeding arising under the Vehicle and Traffic Law, or
				  prosecution of a violation of an ordinance of a city, town or village, or in a
				  petition for change of name under the Civil Rights Law, or as otherwise
				  provided by rule or law or court order, and whether or not a sealing order is
				  or has been sought, the parties shall omit or redact confidential personal
				  information in papers submitted to the court for filing. For purposes of this
				  rule,
confidential personal information (CPI)
means:
(1) the taxpayer identification number of an
				  individual or an entity, including a social security number, an employer
				  identification number, and an individual taxpayer identification number, except
				  the last four digits thereof;
(2)
				  the date of an individual's birth, except the year thereof;
(3) the full name of an individual known to
				  be a minor, except the minor's initials; and
(4) a financial account number, including a
				  credit and/or debit card number, a bank account number, an investment account
				  number, and/or an insurance account number, except the last four digits or
				  letters thereof.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 214 - Uniform Civil Rules for the Justice Courts › Section 214.13 - 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 town or
				  village court in which the real property or portion thereof is located. No
				  default shall be noted until at least one hour after the hour when the
				  proceeding is called.
(b) The chief
				  administrator of the courts shall promulgate and post on the Unified Court
				  System website:
(1) 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 brought on the
				  ground that the respondent has defaulted in the payment of rent;
(2) 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);
(3) a form notice of
				  petition for use in nonresidential eviction proceedings under Article 7 of the
				  Real Property Actions and Proceedings 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 215 - Use Of Recycled Paper › Section 215.1 - Application

Current through Register Vol. 46, No. 28, July 10,
				  2024
The policy set forth in this Part shall apply
					 to all courts of the Unified Court System except those that already have a
					 requirement for the filing of court papers on recycled paper.
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 215 - Use Of Recycled Paper › Section 215.2 - Policy

Current through Register Vol. 46, No. 28, July 10,
				  2024
It is the policy of the Unified Court System
					 that litigants, where practicable, should file or submit to the courts of the
					 Unified Court System of the State of New York papers printed or reproduced on
					 recycled paper. Paper is considered recycled if it contains a minimum content
					 of 30 percent waste paper.
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 215 - Use Of Recycled Paper › Section 215.3 - Statement of compliance

Current through Register Vol. 46, No. 28,
				  July 10, 2024
The signature page of every paper filed or
					 submitted to the court on recycled paper should bear the legend: "Printed
					 (Reproduced) on Recycled Paper."
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 216 - Sealing Of Court Records In Civil Actions In The Trial Courts › Section 216.1 - Sealing of court records

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Except where otherwise provided by
				  statute or rule, a court shall not enter an order in any action or proceeding
				  sealing the court records, whether in whole or in part, except upon a written
				  finding of good cause, which shall specify the grounds thereof. In determining
				  whether good cause has been shown, the court shall consider the interests of
				  the public as well as of the parties. Where it appears necessary or desirable,
				  the court may prescribe appropriate notice and opportunity to be
				  heard.
(b) For
				  purposes of this rule, "court records" shall include all documents and records
				  of any nature filed with the clerk in connection with the action. Documents
				  obtained through disclosure and not filed with the clerk shall remain subject
				  to protective orders as set forth in CPLR 3103(a).
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 217 - Access To Court Interpreter Services For Persons With Limited English Proficiency › Section 217.1 - Obligation to appoint interpreter in court proceedings in the trial courts

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) In
				  all civil and criminal cases, when a court determines that a party or witness,
				  or an interested parent or guardian of a minor party in a Family Court
				  proceeding, is unable to understand and communicate in English to the extent
				  that he or she cannot meaningfully participate in the court proceedings, the
				  clerk of the court or another designated administrative officer shall schedule
				  an interpreter at no expense from an approved list maintained by the Office of
				  Court Administration. The court may permit an interpreter to interpret by
				  telephone or live audiovisual means. If no pre-approved interpreter is
				  available, the clerk of the court or another designated administrative officer
				  shall schedule an interpreter at no expense as justice requires. This rule
				  shall not alter or diminish the court's authority and duty to assure justness
				  in proceedings before it.
(b) A person with limited English
				  proficiency, other than a person testifying as a witness, may waive a
				  court-appointed interpreter, with the consent of the court, if the person
				  provides his or her own interpreter at his or her own expense.
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 217 - Access To Court Interpreter Services For Persons With Limited English Proficiency › Section 217.2 - Provision of interpreting services in clerk's offices

Current
				  through Register Vol. 46, No. 28, July 10, 2024
A court clerk shall provide interpreting
					 services at no expense to a person with limited English proficiency seeking
					 assistance at the court clerk's office in accordance with the needs of the
					 person seeking assistance and the availability of court interpreting services.
					 Such services may be provided by telephone or live audiovisual
					 means.
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 218 - Uniform Rules For The Trial Courts In Capital Cases › Section 218.1 - Record transcription and reproduction; settlement

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) During the course of capital
				  proceedings before the superior court, and at all times thereafter, the clerk
				  of the superior court shall take all necessary steps to insure the accuracy and
				  completeness of the record of the proceedings.
(b) The court reporter shall take, and
				  keep electronically, minutes of all capital proceedings occurring in the
				  superior court. Transcription shall proceed in compliance with any relevant
				  superior court order and the Court of Appeals capital appeal management order
				  (22 NYCRR 510.4[c][4]; 510.8[a]). Where a copy of the minutes of any
				  proceedings in the superior court was ordered during the course of the superior
				  court proceedings, defense counsel and the prosecutor shall preserve their
				  respective copies of the transcript. Transcripts shall be settled pursuant to
				  CPLR 5525(c) within such time limits and pursuant to such additional procedures
				  as may be set by Court of Appeals order.
(c) Upon the filing of a notice of
				  appeal, the superior court clerk shall expeditiously assemble, reproduce, and
				  transmit to appellant the record of the proceedings. Appellant shall be
				  responsible for the timely preparation and filing of the record on appeal in
				  accordance with the capital appeal management order issued by the Court of
				  Appeals pursuant to 22 NYCRR 510.4(c)(4) or 510.8(a).
(d) The record on appeal shall
				  comply with 22 NYCRR 510.11(b), and be stipulated to or settled on motion. The
				  parties may stipulate to the correctness of the contents of the record on
				  appeal using the process provided by CPLR 5525(c)(1). Where the parties are
				  unable to agree and stipulate to the contents of the record on appeal,
				  appellant shall move, on notice, to settle the record in the superior court
				  from which the appeal is taken.
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 218 - Uniform Rules For The Trial Courts In Capital Cases › Section 218.2 - Capital sentencing determination and findings form

Current through
				  Register Vol. 46, No. 28, July 10, 2024
In all criminal actions in which a separate
					 sentencing proceeding is conducted in accordance with the procedures set forth
					 in section
					 400.27 of the Criminal Procedure Law, the
					 superior court shall provide the jury with a sentencing determination and
					 findings form, as prescribed by the Court of Appeals, on which the jury must
					 record its determination of sentence and its specification of those mitigating
					 and aggravating factors considered and those mitigating factors established by
					 the defendant. The superior court judge shall instruct the jury on how to
					 complete the form and shall ensure that the form is properly
					 completed.
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 218 - Uniform Rules For The Trial Courts In Capital Cases › Section 218.3 - Notice to the capital defender office

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) The clerk of the superior court in
				  whose office a judgment that includes a sentence of death has been entered
				  shall notify the capital defender office by the end of business on the day such
				  determination is handed down.
(b) Notice to the capital defender office
				  required pursuant to subdivision (a) of this section shall consist of
				  telephone, facsimile, electronic mail or other prompt electronic means of
				  communication, which shall be followed by first class mail notification within
				  two business days after rendition of the sentence.
(c) The clerk of the superior
				  court shall retain a written record of the electronic and written notice given
				  pursuant to subdivision (b) of this section.
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 218 - Uniform Rules For The Trial Courts In Capital Cases › Section 218.4 - Stays of execution: automatic or determined by superior court

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) Upon appeal from a judgment
				  including a sentence of death (C PL 460.40 [1]). The taking of an appeal by a
				  defendant directly to the Court of Appeals from a superior court judgment
				  including a sentence of death stays the execution of such sentence until
				  determination of the appeal.
(b) Initial CPL article 440 proceedings
				  (C PL 460.40[3]). Upon motion to the superior court judge or justice who signed
				  the warrant of execution, a defendant sentenced to death shall be granted a
				  stay of execution of a death warrant issued pursuant to Correction Law, article
				  22-B to allow the defendant an opportunity to prepare and timely file an
				  initial motion in superior court pursuant to C PL 440.10 or 440.20. The order
				  staying execution shall provide that the stay of execution shall continue until
				  (1) the time for taking an appeal to the Court of Appeals from the superior
				  court's denial of such CPL article 440 motion has expired, or (2) if an appeal
				  is taken, until the Court of Appeals determines the appeal.
(c) Subsequent CPL article 440
				  proceedings (C PL 460.40[3]).
(1)
				  In the event a defendant sentenced to death files a motion for postconviction
				  relief pursuant to C PL 440.10 or 440.20 subsequent to the final determination
				  of an initial CPL article 440 motion, the superior court may grant a stay of
				  execution of a death warrant issued pursuant to Correction Law, article 22-B
				  only for good cause shown.
(2) By the end of business on the date a
				  notice of appeal from a superior court order granting or denying a motion for a
				  stay of execution has been filed, the clerk of the superior court, and
				  appellant or appellant's counsel, shall notify the clerk of the Court of
				  Appeals by telephone of such filing. Telephone notice to the Court of Appeals
				  does not relieve the clerk of the superior court of the duties imposed by
				  section 218.5 of this Part.
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 218 - Uniform Rules For The Trial Courts In Capital Cases › Section 218.5 - Case history

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Within 15 days after the filing of a
				  notice of appeal to the Court of Appeals in a case involving a sentence of
				  death, except in those appeals taken pursuant to C PL 460.40(3) from an order
				  of a superior court granting or denying a motion for a stay of execution, the
				  clerk of the superior court in which the judgment or order being appealed from
				  was rendered shall transmit to the clerk of the Court of Appeals a case history
				  including:
(1) the duplicate
				  notice of appeal;
(2)
				  a chronological list of all proceedings below giving rise to this particular
				  appeal, noting which transcripts have been, or must be, prepared; and
(3) a list of all exhibits
				  introduced in the proceedings below giving rise to this particular appeal.
The clerk of the superior court shall transmit
					 to counsel for the parties copies of paragraphs (2) and (3) of this
					 subdivision.
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 218 - Uniform Rules For The Trial Courts In Capital Cases › Section 218.6 - Remittitur

Current through Register Vol. 46, No. 28, July 10,
				  2024
The remittitur of the Court of Appeals
					 containing the court's adjudication, together with the return papers filed with
					 the court, shall be sent to the clerk of the court to which the case is
					 remitted, there to be proceeded upon according to law. Any order to effect the
					 adjudication contained in the Court of Appeals' remittitur shall be sought,
					 entered and enforced in the superior 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 218 - Uniform Rules For The Trial Courts In Capital Cases › Section 218.7 - Capital case data reports

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) In each criminal action in which the
				  defendant has been indicted for commission of an offense defined in section
				  125.27 of the
				  Penal Law, except those in which the indictment is dismissed or the defendant
				  is acquitted, the clerk of the superior court, within 45 days after the
				  disposition of the action in such court, shall prepare and send to the Court of
				  Appeals a capital case data report in the form prescribed by the Court of
				  Appeals. Data reports shall be prepared by the clerk of the superior court by
				  reviewing the record and upon consultation with the prosecutor and counsel for
				  the defendant. Such data reports shall not constitute a part of the record in
				  the underlying criminal action. The clerk of the superior court shall retain,
				  in a confidential file kept separate from the record in the underlying criminal
				  action, a copy of each such data report sent to the Court of Appeals, and may
				  disclose a data report, or any part thereof, only upon order of the Court of
				  Appeals for exceptional cause shown.
(b) All capital case data reports
				  received by the Court of Appeals shall be compiled into a uniform capital case
				  data report, which may consist of a computer data base containing the
				  information in each capital case data report. Upon request, the uniform capital
				  case data report shall be made available to the parties on appeal to the Court
				  of Appeals in cases where a sentence of death has been imposed.
(c) If the conviction or
				  sentence in such criminal action is subsequently reversed or modified, the
				  capital case data report shall be notated to reflect the reversal or
				  modification. If an intermediate appellate court reverses or modifies the
				  conviction or sentence, that court shall forward a copy of its remittitur to
				  the Court of Appeals within 10 days after entry. If a new disposition in the
				  action ensues in the superior court, the superior court clerk shall prepare a
				  new capital case data report. Upon completion, the superior court clerk shall
				  send the new capital case data report to the clerk of the Court of Appeals with
				  a notice that the new report should be substituted in the data base for the
				  previous report.
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 220 - Uniform Rules For Jury Selection And Deliberation › Subpart A - Uniform Rules for Jury Selection and Deliberation › Section 220.1 - Nondesignated alternate jurors

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) Application. Upon consent of the
					 parties, a court trying a civil case heard by a jury may adopt the procedure
					 provided for in this section concerning the formation of the trial
					 jury.
(b) Number of
					 jurors. The number of jurors selected shall be as permitted by law.
(c) Designation of jurors. If
					 more than six jurors are selected, they shall not at that time be designated as
					 trial jurors and alternate jurors. Instead, if at the conclusion of the
					 evidence more than six jurors remain on the jury, at that time the clerk of the
					 court, in the presence of the court and the parties, shall randomly draw the
					 names of six of the remaining jurors, who shall be the jurors who retire to
					 deliberate upon a verdict. Unless otherwise determined by the court, the juror
					 whose name was first drawn shall be designated as the foreperson. After the
					 deliberating jurors have retired to deliberate, the remaining non-deliberating
					 jurors shall be discharged. The court may, in appropriate circumstances, direct
					 the discharged jurors not to discuss the case while the jury
					 deliberates.
(d)
					 Peremptory challenges. If the court adopts the procedure set forth in this
					 section, the number of peremptory challenges specified in section
					 4109 of the Civil Practice Law and Rules
					 shall be increased by one for every two jurors selected beyond the first six
					 selected.
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 220 - Uniform Rules For Jury Selection And Deliberation › Subpart B - Uniform Rules for Juror Deliberation › Section 220.10 - Note-taking by jurors

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Application. This section shall apply
					 to all cases, both civil and criminal, heard by a jury in any court.
(b) After the jury has been
					 sworn and before any opening statements or addresses, the court shall determine
					 if the jurors may take notes at any stage of the proceedings. In making this
					 determination, the court shall consider the probable length of the trial and
					 the nature and complexity of the evidence likely to be admitted.
(c) If the court authorizes
					 note-taking, it shall direct the jurors that they may make written notes if
					 they so desire and that the court will provide materials for that purpose if
					 they so request. The court also shall instruct the jurors in the proper use of
					 any notes taken, and its instructions shall include but not be limited to the
					 following:
(1) jurors should not
					 permit their note-taking to distract them from the proceedings;
(2) any notes taken are only an
					 aid to memory and should not take precedence over a juror's independent
					 recollection;
(3)
					 those jurors who choose not to take notes should rely on their own independent
					 recollection of the evidence and should not be influenced by any notes that
					 another juror may take;
(4) any notes taken are only for the
					 note-taker's own personal use in refreshing his or her recollection of the
					 evidence;
(5) if there
					 is a discrepancy between a juror's recollection of the evidence and the juror's
					 notes, the jury should request a readback of the record and the court's
					 transcript prevails over a juror's notes; and
(6) notes are not a substitute for the
					 official record or for the governing principles of law as enunciated by the
					 trial court.
These instructions shall be repeated at the
						conclusion of the case as part of the court's charge prior to the commencement
						of jury deliberations.
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 220 - Uniform Rules For Jury Selection And Deliberation › Subpart B - Uniform Rules for Juror Deliberation › Section 220.11 - Copy of judge's charge to jury

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) Application. This section shall apply
					 to all civil cases heard by a jury in any court.
(b) Where the court determines
					 that the jury's deliberations may be expedited or assisted by having a copy of
					 the court's instructions available during deliberations, the court, upon its
					 own motion or the motion of a party and after affording the parties an
					 opportunity to be heard, may direct that at least one copy of the instructions
					 be furnished to the jury when it retires to consider its verdict. If the court
					 so directs, it shall state its reasons for doing so on the record. Where the
					 copy thereby furnished is other than a transcript of the minutes of the
					 proceedings, the court shall certify thereon that it is a correct copy of its
					 instructions. Any copy of the instructions provided to the jurors in accordance
					 with this subdivision shall be retrieved from the jury at the close of
					 deliberations, and shall be filed with the clerk of 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 220 - Uniform Rules For Jury Selection And Deliberation › Subpart B - Uniform Rules for Juror Deliberation › Section 220.12 - Juror notebooks

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Contents. At the discretion of the
					 trial court, in cases of appropriate complexity, the court may authorize the
					 distribution to each juror of identical notebooks, which may include copies of:
(1) selected exhibits that have
					 been ruled admissible (or excerpts thereof);
(2) stipulations of the
					 parties;
(3) other
					 material not subject to genuine dispute, which may include:
(i) curricula vitae of
					 experts;
(ii) lists or
					 seating charts identifying attorneys and their respective clients;
(iii) lists or indices of
					 admitted exhibits;
(iv) glossaries;
(v) chronologies or timelines;
					 and
(vi) other
					 material approved by the court for inclusion.
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 221 - Uniform Rules For The Conduct Of Depositions › Section 221.1 - Objections at depositions

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Objections in general. No objections
				  shall be made at a deposition except those which, pursuant to subdivision (b),
				  (c) or (d) of Rule 3115 of the Civil Practice Law and Rules, would be waived if
				  not interposed, and except in compliance with subdivision (e) of such rule. All
				  objections made at a deposition shall be noted by the officer before whom the
				  deposition is taken, and the answer shall be given and the deposition shall
				  proceed subject to the objections and to the right of a person to apply for
				  appropriate relief pursuant to article 31 of the CPLR.
(b) Speaking objections
				  restricted. Every objection raised during a deposition shall be stated
				  succinctly and framed so as not to suggest an answer to the deponent and, at
				  the request of the questioning attorney, shall include a clear statement as to
				  any defect in form or other basis of error or irregularity. Except to the
				  extent permitted by CPLR Rule 3115 or by this rule, during the course of the
				  examination persons in attendance shall not make statements or comments that
				  interfere with the questioning.
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 221 - Uniform Rules For The Conduct Of Depositions › Section 221.2 - Refusal to answer when objection is made

Current through Register Vol.
				  46, No. 28, July 10, 2024
A deponent shall answer all questions at a
					 deposition, except:
(a)
				  to preserve a privilege or right of confidentiality;
(b) to enforce a limitation
				  set forth in an order of a court; or
(c) when the question is plainly
				  improper and would, if answered, cause significant prejudice to any person. An
				  attorney shall not direct a deponent not to answer except as provided in CPLR
				  Rule 3115 or this subdivision. Any refusal to answer or direction not to answer
				  shall be accompanied by a succinct and clear statement of the basis therefor.
				  If the deponent does not answer a question, the examining party shall have the
				  right to complete the remainder of the deposition.
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 221 - Uniform Rules For The Conduct Of Depositions › Section 221.3 - Communication with the deponent

Current through Register Vol. 46, No. 28,
				  July 10, 2024
An attorney shall not interrupt the deposition
					 for the purpose of communicating with the deponent unless all parties consent
					 or the communication is made for the purpose of determining whether the
					 question should not be answered on the grounds set forth in section
					 221.2 of these rules and, in such
					 event, the reason for the communication shall be stated for the record
					 succinctly and clearly.