reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.14 - Disclosure Disputes

Current through Register Vol. 46, No. 28,
					 July 10, 2024
If the court's Part Rules address
						discovery disputes, those Part Rules will govern discovery disputes in a
						pending case. If the court's Part Rules are silent with respect to discovery
						disputes, the following Rule will apply. Discovery disputes are preferred to be
						resolved through court confer- ence as opposed to motion practice. Counsel must
						consult with one another in a good faith effort to resolve all disputes about
						disclosure. See Section
						202.7. If counsel are unable to
						resolve any disclosure dispute in this fashion, counsel for the moving party
						shall submit a let- ter to the court not exceeding three single-spaced pages
						outlining the nature of the dispute and requesting a telephone conference. Such
						a letter must include a representation that the party has conferred with
						opposing counsel in a good faith effort to resolve the issues raised in the
						letter or shall indicate good cause why no such consultation occurred. Not
						later than four business days after receiving such a let- ter, any affected
						opposing party or non-party shall submit a responsive letter not exceeding
						three single-spaced pages. After the submission of letters, the court will
						schedule a telephone or in-court conference with counsel. The court or the
						court's law clerks will attempt to address the matter through a telephone
						conference where possible. The failure of counsel to comply with this rule may
						result in a motion being held in abeyance until the court has an opportunity to
						conference the matter. If the parties need to make a record, they will still
						have the opportunity to submit a formal motion.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.14-a - Rulings at Disclosure Conferences

Current through Register Vol. 46, No. 28,
					 July 10, 2024
The following procedures shall govern all
						disclosure conferences conducted by non- judicial personnel.
(a) At the request of any
					 party
(1) prior to the
					 conclusion of the conference, the parties shall prepare a writing setting forth
					 the resolutions reached and submit the writing to the court for approval and
					 signature by the presiding justice; or
(2) prior to the conclusion of the
					 conference, all resolutions shall be dictated into the record, and either the
					 transcript shall be submitted to the court to be ''so ordered,'' or the court
					 shall otherwise enter an order incorporating the resolutions reached.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.15 - Adjournments of Conferences

Current through Register Vol. 46, No. 28,
					 July 10, 2024
By leave of court as provided by Rule 1(d), attorneys are
						encouraged to use remote appearance technology in order to avoid adjournments
						of conferences. Adjournments on consent are permitted with the approval of the
						court for good cause where notice of the request is given to all parties.
						Adjournment of a conference will not change any subsequent date in the
						preliminary conference order, unless otherwise directed by the court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.16 - Motions in General

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Form of
					 Motion Papers. The movant shall specify in the notice of motion, order to show
					 cause, and in a concluding section of a memorandum of law, the exact relief
					 sought. Counsel must attach copies of all pleadings and other documents as
					 required by the CPLR and as necessary for an informed decision on the motion
					 (especially on motions pursuant to CPLR 3211 and 3212). Counsel should clearly
					 separate exhibits from each other by using divider pages with the exhibit
					 number. Counsel shall follow Rule 6 with respect to hyperlinking. Copies must
					 be legible. If a document to be annexed to an affidavit or affirmation is
					 voluminous and only discrete portions are relevant to the motion, counsel shall
					 attach excerpts and submit the full exhibit separately. Documents in a foreign
					 language shall be properly translated. CPLR 2101(b). Whenever reliance is
					 placed upon a decision or other authority not readily available to the court,
					 the court may direct counsel to submit a copy and counsel shall otherwise
					 follow Rule 6 with respect to hyperlinking.
(b) Proposed orders. When appropriate,
					 proposed orders should be submitted with motions, e.g., motions to be relieved,
					 pro hac vice admissions, open commissions, etc. No proposed order should be
					 submitted with motion papers on a dispositive motion.
(c) Adjournment of motions.
					 Dispositive motions (made pursuant to CPLR 3211, 3212 or 3213) may be adjourned
					 only with the court's consent. Non-dispositive motions may be adjourned on
					 consent no more than three times for a total of no more than 60 days unless
					 otherwise directed by the court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.17 - Length of Papers

Current through Register Vol. 46, No. 28, July
					 10, 2024
Unless otherwise permitted by the court:
(i) briefs or memoranda
					 of law shall be limited to 7,000 words each;
(ii) reply memoranda shall be no more
					 than 4,200 words and shall not contain any arguments that do not respond or
					 relate to those made in the memoranda in chief;
(iii) affidavits and affirmations shall
					 be limited to 7,000 words each. The word count shall exclude the caption, table
					 of contents, table of authorities, and signature block. Every brief,
					 memorandum, affirmation, and affidavit shall include, on a page attached to the
					 end of the applicable document, a certification by the counsel who has filed
					 the document describing the number of words in the document. That certification
					 by counsel certifies that the document complies with the word count limit. The
					 counsel certifying compliance may rely on the word count of the word-processing
					 system used to prepare the document.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.18 - Sur-Reply and Post-Submission Papers

Current through Register Vol.
					 46, No. 28, July 10, 2024
Absent express permission in advance,
						sur-reply papers, including correspondence, addressing the merits of a motion
						are not permitted, except that counsel may inform the court by letter of the
						citation of any post-submission court decision that is relevant to the pending
						issues, but there shall be no additional argument. Materials submitted in
						violation hereof will not be read or considered. Opposing counsel who receives
						a copy of materials submitted in violation of this rule shall not respond in
						kind.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.19 - Orders to Show Cause

Current through Register Vol. 46, No. 28, July
					 10, 2024
Motions shall be brought on by order to show cause only
						when there is genuine urgency (e.g., applications for provisional relief), a
						stay is required or a statute mandates so proceeding. Absent advance
						permission, reply papers shall not be submitted on orders to show cause.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.19-a - Motions for Summary Judgment; Statements of Material Facts

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a) Upon any motion
					 for summary judgment, other than a motion made pursuant to CPLR 3213, the court
					 may direct that there shall be annexed to the notice of motion a separate,
					 short and concise statement, in numbered paragraphs, of the material facts as
					 to which the moving party contends there is no genuine issue to be
					 tried.
(b) In such a case, the
					 papers opposing a motion for summary judgment shall include a correspondingly
					 numbered statement responding to each numbered paragraph in the statement of
					 the moving party. In the response to the material statement of facts, the
					 respondent shall recite the movant's paragraphs and then provide a response to
					 that paragraph so the Court has all the materials in one document. The movant
					 shall, upon request, promptly provide the respondent with a copy of the
					 material statement of facts in the same word processing software application in
					 which the statement was prepared. The respondent may also include additional
					 paragraphs containing a separate short and concise statement of the material
					 facts as to which it is contended that there exists a genuine issue to be
					 tried.
(c) Each numbered paragraph
					 in the statement of material facts required to be served by the moving party
					 will be deemed to be admitted for purposes of the motion unless specifically
					 controverted by a correspondingly numbered paragraph in the statement required
					 to be served by the opposing party.
(d) Each statement of material fact by the
					 movant or opponent pursuant to subdivision (a) or (b), including each statement
					 controverting any statement of material fact, must be followed by citation to
					 evidence submitted in support of or in opposition to the
					 motion.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.20 - Temporary Restraining Orders

Current through Register Vol. 46,
					 No. 28, July 10, 2024
Unless the moving party can demonstrate
						that there will be significant prejudice by reason of giving notice, a
						temporary restraining order will not be issued ex parte. The applicant must
						give notice, including copies of all supporting papers, to the opposing parties
						sufficient to permit them an opportunity to appear and contest the
						application.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.21 - Courtesy Copies

Current through Register Vol. 46, No. 28, July
					 10, 2024
Courtesy copies should not be submitted
						unless requested or as herein provided. However, courtesy copies of all motion
						papers and proposed orders shall be submitted in cases in the court's Filing by
						Electronic Means System.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.22 - Oral Argument

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Any party may request oral argument on the
						face of its papers or in an accompanying letter. Except in cases before
						justices who require oral argument on all motions, the court will determine, on
						a case-by-case basis, whether oral argument will be heard and, if so, when
						counsel shall appear. Notice of the date selected by the court shall be given,
						if practicable, at least 14 days before the scheduled oral argument. At that
						time, counsel shall be prepared to argue the motion, discuss resolution of the
						issue(s) presented and/or schedule a trial or hearing.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.23 - Reserved [60-Day Rule repealed in June 2020]

Current through
					 Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.25 - Trial Schedule

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Counsel are expected to be ready to proceed
						either to select a jury or to begin presentation of proof on the scheduled
						trial date. Once a trial date is set, counsel shall immediately determine the
						availability of witnesses. If, for any reason, counsel are not prepared to
						proceed on the scheduled date, the court is to be notified within 10 days of
						the date on which counsel are given the trial date or, in extraordinary
						circumstances, as soon as reasonably practicable. Failure of counsel to provide
						such notification will be deemed a waiver of any application to adjourn the
						trial because of the unavailability of a witness. Witnesses are to be scheduled
						so that trials proceed without interruption. Trials shall commence each court
						day promptly at such times as the court directs. Failure of counsel to attend
						the trial at the time scheduled without good cause shall constitute a waiver of
						the right of that attorney and his or her client to participate in the trial
						for the period of counsel's absence. There shall be no adjournment of a trial
						except for good cause shown. With respect to trials scheduled more than 60 days
						in advance, section
						125.1(g) of the
						Rules of the Chief Administrator shall apply and the actual engagement of trial
						counsel in another matter will not be recognized as an acceptable basis for an
						adjournment of the trial.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.26 - Length of Trial

Current through Register Vol. 46, No. 28, July
					 10, 2024
At least ten days prior to trial or such
						other time as the court may set, the parties, after considering the expected
						testimony of and, if necessary, consulting with their witnesses, shall furnish
						the court with a realistic estimate of the length of the trial. If requested by
						the Court, the estimate shall also contain a request by each party for the
						total number of hours which each party believes will be necessary for its
						direct examination, cross examination, redirect examination, and argument
						during the trial. The court may rule on the total number of trial hours which
						the court will permit for each party. The court in its discretion may extend
						the total number of trial hours as justice may require.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.27 - Motions in Limine

Current through Register Vol. 46, No. 28, July
					 10, 2024
The parties shall make all motions in
						limine no later than ten days prior to the scheduled pre-trial conference date,
						and the motions shall be returnable on the date of the pre-trial conference,
						unless otherwise directed by the court. Opposition papers, if any, shall be
						served and filed no later than two days before the return date of the motion,
						unless otherwise directed by the court. Objections to the admissibility of
						specific exhibits or specific deposition testimony based on basic threshold
						issues such as lack of foundation or hearsay shall be made under Rule 28 and
						Rule 29, respectively. Motions in limine should be used to address broader
						issues concerning, for example, (1) the receipt or exclusion of evidence,
						testimony, or arguments of a particular kind or concerning a particular subject
						matter, (2) challenges to the competence of a particular witness, or (3)
						challenges to the qualifications of experts or to the receipt of expert
						testimony on a particular subject matter. Motions in limine should not be used
						as vehicles for summary judgment motions.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.28 - Pre-Marking of Exhibits

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Counsel for the parties shall consult prior
						to the pre-trial conference and shall in good faith attempt to agree upon the
						exhibits that will be offered into evidence without objection and shall
						pre-mark all exhibits as to which no objection has been made for introduction
						into evidence. Counsel shall also mark all exhibits not consented to for
						identification only. Counsel asserting objections to the introduction of any
						proposed exhibit shall be prepared to state the objection with specificity at
						the pre-trial conference or such other time as the court directs. The
						pre-marked exhibits as to which there is no dispute shall be marked into
						evidence, unless the court directs otherwise. If the trial exhibits are
						voluminous or in a digital or other format that creates practical marking
						issues, counsel shall consult the clerk of the part for guidance. Exhibits not
						previously identified which are to be used solely for impeachment, credibility
						or rebuttal need not be pre-marked.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.29 - Identification of Deposition Testimony

Current through Register Vol. 46, No. 28, July
					 10, 2024
Counsel for the parties shall consult prior to trial and
						shall in good faith attempt to agree upon the portions of deposition testimony
						to be offered into evidence without objection, and to resolve any objections
						regarding the use of any corresponding video recording of such deposition
						testimony. The parties shall delete from the testimony to be read questions and
						answers that are irrelevant to the point for which the deposition testimony is
						offered. Each party shall prepare a list of deposition testimony to be offered
						by it as to which objection has not been made and, identified separately, a
						list of deposition testimony as to which objection has been made to the
						introduction of the testimony or corresponding video recording of the
						deposition testimony. At least 10 days prior to trial, or such other time as
						the court may set, each party shall submit its list to the court and other
						counsel, together with a copy of the portions of the deposition testimony as to
						which no objection has been made and, if applicable, the corresponding video
						recording of the portions of deposition testimony as to which no objection has
						been made. This Rule does not apply to portions of deposition testimony and
						corresponding video recording to be used solely for impeachment or credibility
						purposes.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.30 - Settlement and Pretrial Conferences

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) Settlement conference. At the time of
					 certification of the matter as ready for trial or at any time after the
					 discovery cut-off date, the court may schedule a settlement conference which
					 shall be attended by counsel and the parties, who are expected to be fully
					 prepared to discuss the settlement of the matter.
(b) Mandatory Settlement Conference. Unless
					 exempted as set forth herein, the parties in every case pending in the
					 Commercial Division must participate in a court-ordered mandatory settlement
					 conference (MSC) following the filing of a Note of Issue.
(1) Referral to MSC. Following the filing of
					 a Note of Issue, the parties must confer and file a request to proceed to a MSC
					 pursuant to one of the following four tracks. If all parties have agreed upon
					 the settlement conference track that they prefer, they may file a joint request
					 with a statement of preferred procedure for MSC. If the parties do not agree,
					 they must file separate requests with statements as to their preference for a
					 MSC track. The court will select the settlement conference track after
					 considering the parties' preferences, the available judicial and other
					 resources, and any other factors the court deems appropriate. The four possible
					 settlement conference tracks are as follows:
(A) The parties may agree to have a
					 settlement conference before the assigned justice or another judge pursuant to
					 Commercial Division Rule 3(b).
(B)
					 The court may refer the case to the Judicial Hearing Officer/Special Referee
					 office for assignment of a Judicial Hearing Officer or Special Referee to
					 conduct the MSC.
(C) The court may
					 refer the case to the ADR coordinator or other designated court official in the
					 judicial district where the case is pending for assignment, at no charge to the
					 parties, of a neutral selected from the roster of neutrals or mediators under
					 Part 146 of the Rules of the Chief Administrative Judge. If the parties wish to
					 continue talks with the neutral beyond the initial conference, an arrangement
					 will have to be made to retain such neutral at terms agreed to by the neutral
					 and the parties.
(D) The parties
					 may agree to engage a private neutral.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.31 - Pre-Trial Memoranda, Trial Exhibits and Requests for Jury Instructions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a) If requested by
					 the Court, counsel shall submit pre-trial memoranda at such time as the court
					 may set. Counsel shall comply with CPLR 2103(e). A single memorandum of no more
					 than 7,000 words shall be submitted by each side. No memoranda in response
					 shall be submitted.
(b) At the
					 pre-trial conference or at such other time as the court may set, counsel shall
					 submit a copy of trial exhibits for each attorney's and the court's use. Unless
					 otherwise directed in the Court's individual part rules, plaintiff's exhibits
					 shall be tabbed numerically, and defendant's exhibits shall be tabbed
					 alphabetically.
(c) Where the trial
					 is by jury, counsel shall, on the pre-trial conference date or such other time
					 as the court may set, provide the court with case-specific requests to charge
					 and proposed jury interrogatories. Where the requested charge is from the New
					 York Pattern Jury Instructions--Civil, a reference to the PJI number will
					 suffice.
(d) In cases brought
					 before paperless commercial parts, counsel shall submit the pre-trial
					 memoranda, copy of trial exhibits and requests to charge on a USB flash drive.
					 In all other commercial parts, counsel shall submit the pre-trial memoranda and
					 requests to charge in a Word document, 12-point type, and submit the copy of
					 trial exhibits in an indexed binder or notebook.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.32 - Scheduling of witnesses

Current through Register Vol. 46, No. 28,
					 July 10, 2024
At the pre-trial conference or at such time
						as the court may direct, each party shall identify in writing for the court the
						witnesses it intends to call, the order in which they shall testify, the
						estimated length of their testimony and whether the witness will testify in
						person or through the use of video technology, and shall provide a copy of such
						witness list to opposing counsel. Counsel shall separately identify for the
						court only (and not to be exchanged with other counsel) a list of the witnesses
						who may be called solely for rebuttal or with regard to credibility.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.32-a - Direct Testimony by Affidavit

Current through Register Vol. 46, No. 28,
					 July 10, 2024
The court may require that direct
						testimony of a party's own witness in a non-jury trial or evidentiary hearing
						shall be submitted in affidavit form, provided, however, that the court may not
						require the submission of a direct testimony affidavit from a witness who is
						not under the control of the party offering the testimony. The submission of
						direct testimony in affidavit form shall not affect any right to conduct cross-
						examination or re-direct examination of the witness.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.33 - Preclusion

Current through Register Vol. 46, No. 28, July 10,
					 2024
Failure to comply with Rules 28, 29, 31
						and 32 of this subdivision may result in preclusion pursuant to CPLR
						3126.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.34 - Staggered Court Appearances

Current through Register Vol. 46,
					 No. 28, July 10, 2024
Staggered court appearances are a
						mechanism to increase efficiency in the courts and to decrease lawyers' time
						waiting for a matter to be called by the courts. While this rule is intended to
						streamline the litigation process in the Commercial Division, it will be
						ineffectual without the cooperation and participation of litigants. Improving
						the process of litigating in the Commercial Division by instituting staggered
						court appearances of matters before the court, for example, requires not only
						the promulgation of rules such as this one, but also, and more importantly, the
						proactive and earnest adherence to such rules by parties and their
						counsel.
(a) Each court
					 appearance before a Commercial Division Justice for oral argument on a motion
					 shall be assigned a time slot. The length of the time slot allotted to each
					 matter is solely in the discretion of the court.
(b) In order for the court to
					 be able to address any and all matters of concern to the court and in order for
					 the court to avoid the appearance of holding ex parte communications with one
					 or more parties in the case, even those parties who believe that they are not
					 directly involved in the matter before the court must appear at the appointed
					 date and time assigned by the court unless specifically excused by the court.
					 However, if an individual is appearing as a self-represented person, that
					 individual must appear at each and every scheduled court appearance regardless
					 of whether he or she anticipates being heard.
(c) Since the court is setting aside a
					 specific time slot for the case to be heard and since there are occasions when
					 the court's electronic or other notification system fails or occasions when a
					 party fails to receive the court-generated notification, each attorney who
					 receives notification of an appearance on a specific date and time is
					 responsible for notifying all other parties by e-mail that the matter is
					 scheduled to be heard on that assigned date and time. All parties are directed
					 to exchange e-mail addresses with each other at the commencement of the case
					 and to keep these e-mail addresses current, in order to facilitate notification
					 by the person(s) receiving the court notification.
(d) Requests for adjournments
					 or to appear telephonically must be e-filed and received in writing by the
					 court by no later than 48 hours before the hearing.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.35 - Disclosure Statement

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(A) Who
					 Must File: Contents. A non-governmental corporate party and a non-governmental
					 corporation that seeks to intervene must file a disclosure statement that:
(1) identifies any parent corporation and any
					 publicly held corporation owning 10% or more of its stock; or
(2) states that there is no such
					 corporation.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.36 - Virtual Evidentiary Hearing or Non-Jury Trial

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) If the requirements of paragraph (c) of
					 this Rule are met, the court may, with the consent of the parties, conduct an
					 evidentiary hearing or a non-jury trial utilizing video technology.
(b) If the requirements of paragraph (c) of
					 this Rule are met, the court may, with the consent of the parties, permit a
					 witness or party to participate in an evidentiary hearing or a non-jury trial
					 utilizing video technology.
(c) The
					 video technology used must enable:
i. a party
					 and the party's counsel to communicate confidentially;
ii. documents, photos, and other things that
					 are delivered to the court to be delivered to the remote
					 participants;
iii. interpretation
					 for a person of limited English proficiency;
iv. a verbatim record of the trial; and v.
					 public access to remote proceedings.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Appendix A - GUIDELINES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION ("ESI") FROM NONPARTIES

Current through Register Vol. 46, No. 28,
					 July 10, 2024
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New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Appendix B

Current
					 through Register Vol. 46, No. 28, July 10, 2024
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New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Appendix C - COMMERCIAL DIVISION SAMPLE CHOICE OF FORUM CLAUSES

Current through
					 Register Vol. 46, No. 28, July 10, 2024
Purpose
The purpose of these sample
						forum-selection provisions is to offer contracting parties streamlined,
						convenient tools in expressing their consent to confer jurisdiction on the
						Commercial Division or to proceed in the federal courts in New York
						State.
These sample provisions are not intended
						to modify governing case law or to replace any parts of the Rules of the
						Commercial Division of the Supreme Court (the ''Commercial Division Rules''),
						the Uniform Civil Rules for the Supreme Court (the ''Uniform Civil Rules ''),
						the New York Civil Practice Law and Rules (the ''CPLR''), the Federal Rules of
						Civil Procedure, or any other applicable rules or regulations pertaining to the
						New York State Unified Court System or the federal courts in New York. These
						sample provisions should be construed in a manner that is consistent with
						governing case law and applicable sections and rules of the Commercial Division
						Rules, the Uniform Civil Rules, the CPLR, the Federal Rules of Civil Procedure,
						and any other applicable rules and regulations. Parties which use these sample
						provisions must satisfy all jurisdictional, procedural, and other requirements
						of the courts specified in the provisions.
The Sample Forum Selection
						Provision
To express their consent to the exclusive
						jurisdiction of the Commercial Division, parties may include specific language
						in their contract, such as: "THE PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE
						JURISDICTION OF THE COMMERCIAL DIVISION, NEW YORK STATE SUPREME COURT, WHICH
						SHALL HEAR ANY DISPUTE, CLAIM OR CONTROVERSY ARISING IN CONNECTION WITH OR
						RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO THE VALIDITY, BREACH,
						ENFORCEMENT OR TERMINATION THEREOF."
Alternatively, in the event that parties
						wish to express their consent to the exclusive jurisdiction of either the
						Commercial Division or the federal courts in New York State, the parties may
						include specific language in their contract, such as: "THE PARTIES AGREE TO
						SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL DIVISION, NEW YORK STATE
						SUPREME COURT, OR THE FEDERAL COURTS IN NEW YORK STATE, WHICH SHALL HEAR ANY
						DISPUTE, CLAIM OR CONTROVERSEY ARISING IN CONNECTION WITH OR RELATING TO THIS
						AGREEMENT, INCLUDING, BUT NOT LIMITED TO THE VALIDITY, BREACH, ENFORCMENT OR
						TERMINATION 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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Appendix D - COMMERCIAL DIVISION SAMPLE CHOICE OF LAW PROVISION

Current through
					 Register Vol. 46, No. 28, July 10, 2024
Purpose
The purpose of this sample choice of law
						provision is to offer contracting parties a streamlined, convenient tool in
						expressing their consent to having New York law apply to their contract, or any
						dispute under the contract.
This sample provision is not intended to
						modify governing case law or to replace any parts of the Commercial Division
						Rules, the Uniform Civil Rules, the CPLR, or any other applicable rules or
						regulations. This sample provision should be construed in a manner that is
						consistent with governing case law and applicable sections and rules of the
						Commercial Division Rules, the Uniform Civil Rules, the CPLR, and any other
						applicable rules and regulations. Parties which use this sample provision must
						meet any requirements of applicable law.
The Sample Choice of Law Provision
To express their consent to have New York
						law apply to the contract between them, or any disputes under such contract,
						the parties may include specific language in their contract, such as: "THIS
						AGREEMENTAND ITS ENFORCEMENT, AND ANY CONTROVERSY ARISING OUT OF OR RELATING TO
						THE MAKING OR PERFORMANCE OF THIS AGREEMENT, SHALL BE GOVERNED BY AND CONSTRUED
						IN ACCORDANCE WITH THE LAW OF THE STATE OF NEW YORK, WITHOUT REGARD TO NEW
						YORK'S PRINCIPLES OF CONFLICTS OF 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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Appendix E - Reserved

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Exhibit A

Current
					 through Register Vol. 46, No. 28, July 10, 2024
I further promulgate the attached form
						statement certifying counsel's discussion of the availability of alternative
						dispute resolution mechanisms (Exh. A).
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Appendix A
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Appendix B
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New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.71 - Recognition of Tribal Court Judgments, Decrees and Orders

Current
				  through Register Vol. 46, No. 28, July 10, 2024
Any person seeking recognition of a judgment,
					 decree or order rendered by a court duly established under tribal or federal
					 law by any Indian tribe, band or nation recognized by the State of New York or
					 by the United States may commence a special proceeding in Supreme Court
					 pursuant to Article 4 of the CPLR by filing a notice of petition and a petition
					 with a copy of the tribal court judgment, decree or order appended thereto in
					 the County Clerk's office in any appropriate county of the state. If the court
					 finds that the judgment, decree or order is entitled to recognition under
					 principles of the common law of comity, it shall direct entry of the tribal
					 judgment, decree or order as a judgment, decree or order of the Supreme Court
					 of the State of New York. This procedure shall not supplant or diminish other
					 available procedures for the recognition of judgments, decrees and orders under
					 the 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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.72 - Actions revived pursuant to CPLR 214-g

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) There shall be a dedicated part(s) of
				  Supreme Court in each Judicial District which shall be assigned all actions
				  revived pursuant to CPLR 214-g (214-g Part).
(b) Justices, judicial hearing officers,
				  referees and alternative dispute resolution (ADR) neutrals in 214-g Parts shall
				  receive training in subjects related to sexual assault and the sexual abuse of
				  minors, pursuant to a curriculum and format approved by the Office of Court
				  Administration.
(c) Judges and
				  other court personnel involved in actions revived pursuant to CPLR 214-g, in
				  the exercise of their discretion in any matter relating to such action, shall
				  be mindful of the statutory directive that such actions be adjudicated in a
				  timely fashion (Judiciary Law section 219-d) and shall aspire to the following
				  schedule in such actions:
Assignment to Part:
immediately upon filing of the RJI.
Preliminary conference (PC):
within 30 days of filing the RJI.
Status conferences (SC):
every 60 days after the PC or prior SC.
Conclusion of discovery and note of issue:
within 365 days of PC.
Dispositive motions:
fully submitted within 90 days of conclusion of
								discovery; decided within 30 days of briefing.
Trial:
scheduled to be held within 60 days of note of issue,
								except with leave of court on good cause shown; or if dispositive motions have
								been filed, within 60 days of the decision of those motions.
(d)
				  In setting schedules for the conduct of litigation of actions revived pursuant
				  to CPLR 214-g, and in a manner consistent with the goal of timely adjudication
				  of such actions, judges and other court personnel should be mindful of:
(1) the impact upon the litigation of pending
				  proceedings addressing insurance coverage issues relating to the
				  parties;
(2) the difficulties
				  inherent in document, deposition, and other discovery in matters of this type
				  and age; and
(3) the benefits of
				  appropriate use of ADR programs to facilitate early resolution of
				  disputes.
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 205 - Uniform Rules For The Family Court › Section 205.1 - 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 proceedings in the Family Court.
(b) Waiver. For good cause
				  shown, and in the interests of justice, the court in a proceeding may waive
				  compliance with any of the rules in this Part, other than sections 205.2 and
				  205.3, unless prohibited from
				  doing so by statute or by a rule of the Chief Judge.
(c) Additional rules. 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) Statutory applicability. The
				  provisions of this Part shall be construed consistent with the Family Court
				  Act, the Domestic Relations Law and, where applicable, the Social Services Law.
				  Matters not covered by these rules or the foregoing statutes are governed by
				  the Civil Practice Law and Rules.
(e) Definitions.
(1) Chief Administrator of the Courts in
				  this Part also includes a designee of the 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 Family Court Act, the Domestic
				  Relations Law, the Social Services Law and the Civil Practice Law and Rules, as
				  applicable.
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 205 - Uniform Rules For The Family Court › Section 205.2 - Terms and parts of court

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Terms of court. A term of court is a
				  four-week session of court, and there shall be 13 terms of court in a year,
				  unless otherwise provided in the annual schedule of terms established by the
				  Chief Administrator of the Courts, which also shall specify the dates of such
				  terms.
(b) Parts of
				  court. A part of court is a designated unit of the court in which specified
				  business of the court is to be conducted by a judge or quasi-judicial officer.
				  There shall be such parts of court, including those mandated by statute, as may
				  be authorized from time to time by the Chief Administrator of the
				  Courts.