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 202.20-f - Disclosure Disputes. Disclosure Disputes

Current through Register
				  Vol. 46, No. 28, July 10, 2024
(a) To the maximum extent possible, discovery
				  disputes should be resolved through informal procedures, such as conferences,
				  as opposed to motion practice.
(b)
				  Absent exigent circumstances, prior to contacting the court regarding a
				  disclosure dispute, counsel must first consult with one another in a good faith
				  effort to resolve all disputes about disclosure. Such consultation must take
				  place by an in-person or telephonic conference. In the event that a discovery
				  dispute cannot be resolved other than through motion practice, each such
				  discovery motion shall be supported by an affidavit or affirmation from counsel
				  attesting to counsel having conducted an in-person or telephonic conference,
				  setting forth the date and time of such conference, persons participating, and
				  the length of time of the conference. The unreasonable failure or refusal of
				  counsel to participate in a conference requested by another party may relieve
				  the requesting party of the obligation to comply with this paragraph and may be
				  addressed by the imposition of sanctions pursuant to Part 130. If the moving
				  party was unable to conduct a conference due to the unreasonable failure or
				  refusal of an adverse party to participate, then such moving party shall, in an
				  affidavit or affirmation, detail the efforts made by the moving party to obtain
				  such a conference and set forth the responses received.
(c) The failure of counsel to comply with
				  this rule may result in the denial of a discovery motion, without prejudice to
				  renewal once the provisions of this rule have been complied with, or in such
				  motion being held in abeyance until the informal resolution procedures of the
				  court are conducted.
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 202.20-g - 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.
Prior to the conclusion of the conference, at the request
					 of any party
(1) 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;
(2) the parties shall prepare a writing
				  setting forth the resolutions reached and submit the writing to the court for
				  approval and signature by the justice presiding; or
(3) prior to the conclusion of the
				  conference, the parties shall prepare an outline of the material terms of any
				  resolution and shall thereafter agree upon and jointly submit to the court
				  within one (1) business day of the conference a stipulated proposed order,
				  memorializing the resolution of their discovery dispute. If the parties are
				  unable to agree upon an appropriate form of proposed order, they shall so
				  advise the court so that the court can direct an alternative course of
				  action.
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 202.20-h - Pre-Trial Memoranda, Exhibit Book and Requests for Jury Instructions

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) The court may
				  direct that counsel submit pre-trial memoranda at the pre-trial conference, or
				  such other time as the court may set. Counsel shall comply with CPLR 2103(e).
				  Unless otherwise directed by the court, a single memorandum no longer than 25
				  pages shall be submitted by each side and no memoranda in response shall be
				  submitted.
(b) The court may direct
				  that on the first day of trial or at such other time as the court may set,
				  counsel shall submit an indexed binder or notebook, or the electronic
				  equivalent, of trial exhibits for the court's use. Such submission shall
				  include a copy for each attorney on trial and the originals in a similar binder
				  or notebook for the witnesses. Plaintiff's exhibits shall be numerically
				  tabbed, and defendant's exhibits shall be tabbed alphabetically.
(c) Where the trial is by jury, counsel
				  shall, on the first day of the trial 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. Submissions
				  should be by hard copy and electronically, as 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 202.20-i - Direct Testimony by Affidavit

Current through Register Vol.
				  46, No. 28, July 10, 2024
Upon request of a party, the court may permit that direct
					 testimony of that party's own witness in a non-jury trial or evidentiary
					 hearing be submitted in affidavit form, provided, however, that the opposing
					 party shall have the right to object to statements in the direct testimony
					 affidavit, and the court shall rule on such objections, just as if the
					 statements had been made orally in open court. Where an objection to a portion
					 of a direct testimony affidavit is sustained, the court may direct that such
					 portion be stricken. The submission of direct testimony in affidavit form shall
					 not affect any right to conduct cross-examination or redirect 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 202.20-j - Adherence to the Electronically Stored Information ("ESI") Guidelines Set Forth in Appendix Hereto

Current through Register Vol. 46, No. 28, July
				  10, 2024
Parties and nonparties should adhere to the Electronically
					 Stored Information ("ESI") Guidelines set forth in Appendix A hereto.
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 202.22 - Calendars

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) A
				  judge to whom cases are assigned under the individual assignment system may
				  establish such calendars of cases as the judge shall deem necessary or
				  desirable for proper case management. These calendars may include:
(1) Preliminary conference
				  calendar. A preliminary conference calendar is for the calendaring for
				  conference of cases in which a note of issue and certificate of readiness have
				  not yet been filed.
(2) Motion calendar. A motion calendar is
				  for the hearing of motions.
(3) General calendar. A general calendar
				  is for actions in which a note of issue and a certificate of readiness have
				  been filed but which have not as yet been transferred to a pretrial conference
				  calendar or a calendar containing cases that are ready for trial.
(4) Pretrial conference
				  calendar. A pretrial conference calendar is for actions awaiting conference
				  after the note of issue and certificate of readiness have been filed.
(5) Reserve calendar. A reserve
				  calendar is for actions that have had a pretrial conference or where such
				  conference was dispensed with by the court, but where the actions have not yet
				  been transferred to a ready calendar.
(6) Ready calendar. A ready calendar is
				  for actions in which a trial is imminent.
(7) Military calendar. A military
				  calendar is for cases where a party to an action or a witness necessary upon
				  the trial is in military service, and is not presently available for trial, and
				  a deposition cannot be taken, or, if taken, would not provide adequate
				  evidence.
(8)
				  Continuous calendars. In any court not continuously in session, the calendars
				  at the close of one term shall be used to open the following term and actions
				  on the calendars shall retain their positions.
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 202.23 - 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, it will be ineffectual without the cooperation and
					 participation of litigants. Improving the process of litigation by instituting
					 staggered court appearances, 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 and the
					 court.
(a) Each court appearance for
				  oral argument on a motion shall be assigned either a set time or a time
				  interval during which the appearance is expected to be held. The assignment of
				  time or time interval, and the length of time allotted to a case 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.
(c) Since the
				  court is setting aside a specific time or time interval for the case 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 shall be transmitted in writing to the court and to all parties,
				  in such manner as the court may direct, so as to be received no later than 48
				  hours before the hearing and shall set forth whether the other parties consent
				  to the adjournment.
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 202.24 - Special preferences

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Applications. Any party claiming a
				  preference under CPLR 3403 may apply to the court in the manner prescribed by
				  that rule.
(b) Special
				  requirements in personal injury and wrongful death action. A party seeking a
				  preference pursuant to CPLR 3403(a)(3) in an action for damages for personal
				  injuries or for causing death shall serve and file in support of the demand or
				  application, whether in the note of issue or subsequent thereto, a copy of:
(1) the summons;
(2) the complaint, answer and
				  bill of particulars, conforming to CPLR 3043 and 3044;
(3) each report required by this
				  Part to be served by the parties relating to medical information;
(4) a statement that the venue
				  of the action was properly laid; and
(5) all other papers material to 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 202.25 - Objections to applications for special preference

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) Within 20 days of the filing
				  of the note of issue, if the notice of motion for a special preference is filed
				  therewith, or within 10 days of the service of a notice of motion to obtain a
				  preference, if served and filed subsequent to service and filing of the note of
				  issue, any other party may serve upon all other parties, and file with the
				  court affidavits and other relevant papers, with proof of service, in
				  opposition to granting the preference. In the event opposing papers are filed,
				  the party applying for the preference may, within five days thereafter, serve
				  and file in like manner papers in rebuttal.
(b) In any action which has been accorded
				  a preference in trial upon a motion, the court shall not be precluded, on its
				  own motion at any time thereafter, from ordering that the action is not
				  entitled to a preference under these rules.
(c) Notwithstanding the failure of any
				  party to oppose the application, no preference shall be granted by default
				  unless the court finds that the action is entitled to a preference.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.26 - 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) Pre-Trial Conference. Prior to Trial,
				  counsel shall confer in a good faith effort to identify matters not in
				  contention, resolve disputed questions without need for court intervention and
				  further discuss settlement of the case. Where a pre-trial conference is
				  scheduled, or otherwise prior to the commencement of opening statements,
				  counsel shall be prepared to discuss all matters as to which there is
				  disagreement between the parties and settlement of the matter, and the court
				  may require the parties to prepare a written stipulation of undisputed
				  facts.
(c) Consultation Regarding
				  Expert Testimony. The court presiding over a non-jury trial or hearing may
				  direct that prior, or during, the trial or hearing, counsel for the parties
				  consult in good faith to identify those aspects of their respective experts'
				  anticipated testimony that are not in dispute. The court may further direct
				  that any agreements reached in this regard shall be reduced to a written
				  stipulation.
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 202.27 - Defaults

Current through Register Vol. 46, No. 28, July 10,
				  2024
At any scheduled call of a calendar or at any
					 conference, if all parties do not appear and proceed or announce their
					 readiness to proceed immediately or subject to the engagement of counsel, the
					 judge may note the default on the record and enter an order as follows:
(a) If the plaintiff appears but
				  the defendant does not, the judge may grant judgment by default or order an
				  inquest.
(b) If the
				  defendant appears but the plaintiff does not, the judge may dismiss the action
				  and may order a severance of counterclaims or cross-claims.
(c) If no party appears, the
				  judge may make such order as appears just.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.27-a - Proof of default judgement in consumer credit matters (Uniform Civil Rules for the Supreme Court and the County Court)

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
(1) For purposes of this
				  section, a
consumer credit transaction
means a revolving or
				  open-end credit transaction wherein credit is extended by a financial
				  institution, which is in the business of extending credit, to an individual
				  primarily for personal, family or household purposes, the terms of which
				  include periodic payment provisions, late charges and interest accrual. A
				  consumer credit transaction does not include debt incurred in connection with,
				  among others, medical services, student loans, auto loans or retail installment
				  contracts.
(2)
Original creditor
means the financial institution that owned
				  the consumer credit account at the time the account was charged off, even if
				  that financial institution did not originate the account.
Charged-off
				  consumer debt
means a consumer debt that has been removed from an
				  original creditor's books as an asset and treated as a loss or
				  expense.
(3)
Debt buyer
means a person or entity that is regularly engaged
				  in the business of purchasing charged-off consumer debt for collection
				  purposes, whether it collects the debt itself, hires a third party for
				  collection, or hires an attorney for collection litigation.
(4)
Credit
				  agreement
means a copy of a contract or other document governing the
				  account provided to the defendant evidencing the defendant's agreement to the
				  debt, the amount due on the account, the name of the original creditor, the
				  account number, and the name and address of the defendant. The charge-off
				  statement or the monthly statement recording the most recent purchase
				  transaction, payment or balance transfer shall be deemed sufficient evidence of
				  a credit agreement.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.28 - Discontinuance of civil actions and notice to the court

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) If an action is settled, discontinued, or
				  otherwise disposed of, counsel shall immediately inform the assigned judge or
				  court part by submission of a copy of the stipulation or a letter directed to
				  the clerk of the part along with notice to the chambers of the assigned judge
				  via telephone, or email. This notification shall be made in addition to the
				  filing of a stipulation with the county clerk.
(b) Counsel, including self-represented
				  litigants, are under a continuing obligation to notify the court as promptly as
				  possible in the event that an action is settled, discontinued or otherwise
				  disposed of or if a case or motion has become wholly or partially moot, or if a
				  party has died or filed a petition in bankruptcy. Such notification shall be
				  made to the assigned judge in writing.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.29 - Settlement Conference Before a Justice Other than the Justice Assigned to the Case

Current through Register Vol. 46, No. 28, July
				  10, 2024
In any civil action or proceeding, should counsel wish to
					 proceed with a settlement conference before a justice or judge other than the
					 justice or judge assigned to the case, counsel may jointly request that the
					 assigned justice or judge grant such a separate settlement conference. The
					 request may be made at any time in the litigation. Such request will be granted
					 in the discretion of the justice or judge assigned to the case upon finding
					 that such a separate settlement conference would be beneficial to the parties
					 and the court and would further the interests of justice. If the request is
					 granted, the assigned justice or judge shall make appropriate arrangements for
					 the designation of a "settlement judge."
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.31 - Identification of trial counsel

Current through Register Vol. 46, No.
				  28, July 10, 2024
Unless the court otherwise provides, where the
					 attorney of record for any party arranges for another attorney to conduct the
					 trial, the trial counsel must be identified in writing to the court and all
					 parties no later than 15 days after the pretrial conference or, if there is no
					 pretrial conference, at least 10 days before trial. The notice must be signed
					 by both the attorney of record and the trial counsel.
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 202.32 - Engagement of counsel

Current through Register Vol. 46, No. 28, July
				  10, 2024
No adjournment shall be granted on the ground
					 of engagement of counsel except in accordance with Part 125 of the Rules of the
					 Chief Administrator of the Courts (22 NYCRR Part 125).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.34 - Pre-Marking of Exhibits

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 exhibits that will be offered
					 into evidence without objection. Unless otherwise directed by the court, prior
					 to the commencement of the trial, each side shall mark its exhibits into
					 evidence, subject to court approval, as to those to which no objection has been
					 made. All exhibits not consented to shall be marked for identification only. If
					 the trial exhibits are voluminous, counsel shall consult the clerk of the part
					 for guidance. The court should rule upon the objections to the contested
					 exhibits at the earliest possible time. Exhibits not previously demanded which
					 are to be used solely for 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 202.35 - Submission of papers for trial

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) Upon the trial of an action, the
				  following papers, if not yet submitted, shall be submitted to the court by the
				  party who has filed the note of issue:
(1) copies of all pleadings marked as
				  required by CPLR 4012; and
(2) a copy of the bill of particulars, if
				  any.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.36 - Absence of attorney during trial

Current through Register Vol.
				  46, No. 28, July 10, 2024
All trial counsel shall remain in attendance
					 at all stages of the trial until the jury retires to deliberate, unless excused
					 by the judge presiding. The court may permit counsel to leave, provided that
					 counsel remain in telephone contact with the court. Any counsel not present
					 during the jury deliberation, further requests to charge, or report of the jury
					 verdict shall be deemed to stipulate that the court may proceed in his or her
					 absence and to waive any irregularity in proceedings taken in his or her
					 absence.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.37 - Scheduling Witnesses

Current through Register Vol. 46, No. 28,
				  July 10, 2024
At the commencement of the trial 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 and the
					 estimated length of their testimony, and shall provide a copy of such witness
					 list to opposing counsel. Counsel shall separately identify for the court only
					 a list of the witnesses who may be called solely for rebuttal or with regard to
					 credibility. The court may permit for good cause shown and in the absence of
					 substantial prejudice, a party to call a witness to testify who was not
					 identified on the witness list submitted by that party. The estimates of the
					 length of testimony and the order of witnesses provided by counsel are advisory
					 only, and the court may permit witnesses to be called in a different order and
					 may permit further testimony from a witness notwithstanding that the time
					 estimate for such witness has been exceeded.
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 202.40 - Jury trial of less than all issues; procedure

Current through Register
				  Vol. 46, No. 28, July 10, 2024
Unless otherwise ordered by the court,
					 whenever a trial by jury is demanded on less than all issues of fact in an
					 action, and such issues as to which a trial by jury is demanded have been
					 specified in the note of issue or in the jury demand, as the case may be,
					 served and filed pursuant to section
					 202.21 of this Part, the court
					 without a jury first shall try all issues of fact as to which a trial by jury
					 is not demanded. If the determination of these issues by the court does not
					 dispose of the action, a jury shall be empanelled to try the issues as to which
					 a trial by jury is demanded.
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 202.42 - Bifurcated trials

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Judges are encouraged to order a
				  bifurcated trial of the issues of liability and damages in any action for
				  personal injury where it appears that bifurcation may assist in a clarification
				  or simplification of issues and a fair and more expeditious resolution of the
				  action.
(b) Where a
				  bifurcated trial is ordered, the issues of liability and damages shall be
				  severed and the issue of liability shall be tried first, unless the court
				  orders otherwise.
(c)
				  During the voir dire conducted prior to the liability phase of the trial, if
				  the damage phase of the trial is to be conducted before the same jury, counsel
				  may question the prospective jurors with respect to the issue of damages in the
				  same manner as if the trial were not bifurcated.
(d) In opening to the jury on
				  the liability phase of the trial, counsel may not discuss the question of
				  damages. However, if the verdict of the jury shall be in favor of the plaintiff
				  on the liability issue or in favor of the defendant on any counterclaim on the
				  liability issue, all parties shall then be afforded an opportunity to address
				  the jury on the question of damages before proof in that regard is presented to
				  the jury.
(e) In the
				  event of a plaintiff's verdict on the issue of liability or a defendant's
				  verdict on the issue of liability on a counterclaim, the damage phase of the
				  trial shall be conducted immediately thereafter before the same judge and jury,
				  unless the judge presiding over the trial, for reasons stated in the record,
				  finds such procedures to be impracticable.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.43 - References of triable issues and proceedings to judicial hearing officers or referees

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) No application to refer an action or
				  special proceeding to a judicial hearing officer or referee will be entertained
				  unless a note of issue, where required, has been filed and the index number is
				  set forth in the moving papers and the proposed order.
(b) The proposed order of
				  reference shall be presented in duplicate, and a signed original order shall be
				  delivered to the referee. If such order is not presented for signature within
				  20 days after the court directs a reference, the application shall be deemed
				  abandoned.
(c) The
				  proposed order of reference, and the actual order of reference, shall indicate
				  whether the reference is one to hear and determine or to hear and
				  report.
(d) Every
				  order of reference which does not set forth a date certain for commencement of
				  the trial or hearing shall contain the following provision:
and it is further ORDERED that if trial of
					 the issue or action hereby referred is not begun within 60 days from the date
					 of this order, or before such later date as the referee or judicial hearing
					 officer may fix upon good cause shown, this order shall be cancelled and
					 revoked, shall be remitted by the referee or judicial hearing officer to the
					 court from which it was issued, and the matter hereby referred shall
					 immediately be returned to the court for trial.
(e) The term referee in this
				  section shall include, but not be limited to, commissioners of appraisal, and
				  shall not include receivers or referees in incompetency proceedings or mortgage
				  foreclosure 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 202.44 - Motion to confirm or reject judicial hearing officer's report or referee's report

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  When a judicial hearing officer or referee appointed to hear and report has
				  duly filed his or her report, together with the transcript of testimony taken
				  and all papers and exhibits before him or her in the proceedings, if any, and
				  has duly given notice to each party of the filing of the report, the plaintiff
				  shall move on notice to confirm or reject all or part of the report within 15
				  days after notice of such filing was given. If plaintiff fails to make the
				  motion, the defendant shall so move within 30 days after notice of such filing
				  was given.
(b) If no
				  party moves as specified above, the court, on its own motion, shall issue its
				  determination. Costs of such motion, including reasonable attorneys' fees,
				  shall be borne by the parties pro rata, except a party who did not request any
				  relief. However, the Attorney General of New York, or State, Federal or local
				  governmental agencies or officers thereof, shall not be liable for costs. This
				  subdivision shall not apply to a reference to a special referee or a judicial
				  hearing officer or to a reference to a referee in an uncontested matrimonial
				  action.
(c) The term
				  referee in this section shall be used as defined in section
				  202.43(e) 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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.45 - Rescheduling after jury disagreement, mistrial or order for new trial

Current through Register Vol. 46, No. 28, July 10,
				  2024
An action in which there has been an inability
					 by a jury to reach a verdict, a mistrial or a new trial granted by the trial
					 justice or an appellate court shall be rescheduled for trial. Where a new trial
					 is granted by an appellate court, a notice to reschedule shall be filed with
					 the appropriate clerk.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.46 - Damages, inquest after default; proof

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) In an inquest to ascertain damages
				  upon a default, pursuant to CPLR 3215, if the defaulting party fails to appear
				  in person or by representative, the party entitled to judgment, whether a
				  plaintiff, third-party plaintiff, or a party who has pleaded a cross-claim or
				  counterclaim, may be permitted to submit, in addition to the proof required by
				  CPLR 3215(e), properly executed affidavits as proof of damages.
(b) In any action where it is
				  necessary to take an inquest before the court, the party seeking damages may
				  submit the proof required by oral testimony of witnesses in open court or by
				  written statements of the witnesses, in narrative or question-and-answer form,
				  signed and sworn to.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.47 - Transcript of judgment; receipt stub

Current through Register Vol.
				  46, No. 28, July 10, 2024
Whenever a county clerk issues a transcript of
					 judgment, which shall be in the form prescribed by law, such clerk shall at the
					 same time issue a stub. Such stub shall be 35/8 x 81/2 inches and shall have
					 imprinted thereon the name and address of the issuing county clerk. The stub
					 shall also contain such other information as shall be required to identify it
					 with the transcript with which it was issued, so that it may be readily
					 identified upon its return to the issuing county clerk, with the name of, and
					 the date of receipt by, the receiving clerk endorsed thereon.
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 202.48 - Submission of orders, judgments and decrees for signature

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) Proposed orders or
				  judgments, with proof of service on all parties where the order is directed to
				  be settled or submitted on notice, must be submitted for signature, unless
				  otherwise directed by the court, within 60 days after the signing and filing of
				  the decision directing that the order be settled or submitted.
(b) Failure to submit the order
				  or judgment timely shall be deemed an abandonment of the motion or action,
				  unless for good cause shown.
(c)
(1) When settlement of an order or
				  judgment is directed by the court, a copy of the proposed order or judgment
				  with notice of settlement, returnable at the office of the clerk of the court
				  in which the order or judgment was granted, or before the judge if the court
				  has so directed or if the clerk is unavailable, shall be served on all parties
				  either:
(i) by personal service
				  not less than five days before the date of settlement; or
(ii) by mail not less than 10
				  days before the date of settlement.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.51 - Proof required in dissolution proceedings

Current through Register Vol.
				  46, No. 28, July 10, 2024
In all actions in which the accounts of a
					 receiver appointed in an action for the dissolution of a corporation are
					 presented for settlement or to be passed upon by the court, a notice or a copy
					 of an advertisement requiring the creditors to present their claims to a
					 referee must be mailed, with the postage thereon prepaid, to each creditor
					 whose name appears on the books of the corporation, at least 20 days before the
					 date specified in such notice or advertisement. Proof of such mailing shall be
					 required on the application for a final decree passing the accounts of the
					 receiver unless proof is furnished that personal service of such notice or copy
					 of advertisement has been made upon the creditors.
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 202.52 - Deposit of funds by receivers and assignees

Current through Register
				  Vol. 46, No. 28, July 10, 2024
(a) Every receiver or assignee who, as
				  such, receives any funds shall promptly deposit them in a checking account or
				  in an interest-bearing account, as determined by the court, in a bank or trust
				  company designated by the court. Such account shall be in his or her name as
				  receiver or assignee and shall show the name of the case. The depository shall
				  furnish monthly statements to the receiver or assignee and to the attorney for
				  the receiver or the assignee.
(b) No funds shall be withdrawn from a
				  receiver's or assignee's account, and no check thereon shall be honored, unless
				  directed by court order or the check is countersigned by the receiver's or
				  assignee's surety.
(c)
				  The order appointing a receiver or assignee shall incorporate subdivisions (a)
				  and (b) of this section.
(d) All checks by a receiver or assignee
				  for the withdrawal of moneys shall be numbered consecutively. On the stub of
				  each check shall be noted the number, the date, the payee's name and the
				  purpose for which the check is drawn. Checkbooks, stubs, cancelled checks and
				  bank statements of such bank accounts shall be maintained at the office of the
				  receiver or assignee, or his or her attorney, and shall be available for
				  inspection by creditors or parties during business hours.
(e) Receivers shall file with
				  the court an accounting at least once each year. An application by a receiver
				  for final settlement of his or her account, or by an assignee for leave to sell
				  assets, shall include a county clerk's certificate stating the date that the
				  bond of the applicant was filed, that it is still on file and that no order has
				  been entered cancelling the bond or discharging the surety thereon.
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 202.53 - Trust accountings; procedure

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Applications by trustees for
				  interlocutory or final judgments or final orders in trust accountings or to
				  terminate trusts shall be by notice of petition or order to show cause after
				  the account has been filed in the county clerk's office.
(b) In all actions involving an
				  accounting of a testamentary trustee or a trustee under a deed, notice must be
				  given to the State Tax Commission before the accounts of such trustees may be
				  approved.
(c) Where
				  all parties file a written consent to the entry of a judgment or order, it may
				  be presented at a motion part for consideration 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 202.54 - Proceedings relating to appointments of guardians with respect to patients in facilities defined in the Mental Hygiene Law

Current through
				  Register Vol. 46, No. 28, July 10, 2024
Where a patient in a facility defined in the
					 Mental Hygiene Law is the subject of a proceeding for the appointment of a
					 guardian, pursuant to the Mental Hygiene Law or article 17-A of the Surrogate's
					 Court Procedure Act, or for any substitute for or successor to such
					 person:
(a) A copy of the
				  notice of application for the appointment shall be served on the director of
				  the Mental Hygiene Legal Service in the department in which the facility is
				  located. The director shall submit to the court for its consideration such
				  papers as the director may deem appropriate.
(b) Within 10 days after the order
				  determining the application is signed, a copy shall be served on the
				  director.
(c) Within
				  10 days after qualification of the guardian, proof of qualification shall be
				  served on the director.
(d) A notice of an application for a
				  judicial accounting by the guardian shall be served on the director.
(e) With respect to a patient in
				  a facility located in a judicial department other than the department where the
				  proceeding is initiated, copies of the application, order or proof of
				  qualification shall be served upon the directors in both departments.
(f) Whenever the patient, or a
				  person on behalf of the patient, or the director requests a court hearing, at
				  least five days notice, if notice is given personally or by delivery at the
				  home of the person receiving notice, or eight days notice, if notice is given
				  by mail, excluding Sundays and holidays, of the date and place of the hearing,
				  shall be given to the patient and any person requesting 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 202.55 - Procedure for perfection of civil appeals to the County Court

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Within 20 days after the papers described in section
				  1704
				  of the Uniform Justice Court Act or section
				  1704 of
				  the Uniform City Court Act have been filed with the County Court, appellants
				  shall notice the appeal for the next term or special term of County Court by
				  filing with the clerk of the County Court, not less than 14 days prior to the
				  date for which the appeal has been noticed, a notice of argument and a brief or
				  statement of contentions with proof of service of a copy of each upon
				  respondent. Respondent's papers shall be filed with the judge of the County
				  Court within 12 days after service of appellant's brief or statement of
				  contentions, with proof of service of a copy upon appellant.
(b) If appellant does not comply
				  herewith, the County Court may, upon respondent's motion or upon its own
				  motion, dismiss the appeal.
(c) Upon motion, the County Court judge
				  hearing the appeal may for good cause shown extend the time to a subsequent
				  term or special term, in which case the appellant must notice the appeal for
				  such subsequent term. Unless otherwise ordered by the court, appeals may be
				  submitted without oral argument. Motions for reargument may be made after
				  decision is rendered, and must be made within 30 days after service upon the
				  moving party of a copy of the order entered on the decision, with written
				  notice of its entry.