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 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Criminal Appeals to County Courts › Section 200.30 - Applicability of sections 200.30-200.33

Current through Register Vol.
					 46, No. 28, July 10, 2024
The rules of these sections shall govern
						procedures in appeals to county courts in criminal actions.
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 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Criminal Appeals to County Courts › Section 200.31 - Judges who may stay judgment pending appeal to county court

Current
					 through Register Vol. 46, No. 28, July 10, 2024
Upon an appeal to county court from a
						judgment of sentence of a local criminal court, an order pursuant to C PL
						460.50, staying or suspending execution of the judgment pending termination of
						the appeal and either releasing defendant on his own recognizance or fixing
						bail, may be issued by a judge of the county court to which the appeal has been
						taken or a justice of the supreme court in the judicial district in which the
						local court is located. In the case of any appeal as of right from a judgment
						or sentence of a city court, such order also may be issued by a judge of such
						city 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 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Criminal Appeals to County Courts › Section 200.32 - Duration of order staying or suspending execution of judgment

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) An order issued pursuant to
					 C PL 460.50 shall contain a statement that, if an appeal has not been perfected
					 within 120 days after the issuance of the order, the operation of such order
					 terminates and the defendant must surrender himself to the criminal court in
					 which the judgment was entered in order that execution of the judgment be
					 commenced or resumed.
(b) No extension of the 120-day period
					 specified in C PL 460.50 shall be granted except by the county 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 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction › Criminal Appeals to County Courts › Section 200.40 - Obligation of the court to advise of right to counsel on people's appeal

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 When a criminal court issues an order suppressing evidence, dismissing an
					 accusatory instrument, setting aside a verdict or sentence, vacating a judgment
					 or denying a motion made pursuant to CPL section 440.40, where such order may
					 be appealed as of right by the people pursuant to CPL section 450.20, the court
					 promptly shall advise the defendant, on the record or in writing:
(1) that the people have the
					 right to take an appeal;
(2) that the defendant has the right to
					 retain counsel to represent him or her on the appeal or to respond to the
					 appeal pro se;
(3) if
					 the defendant can show no financial ability to pay for the cost of counsel on
					 appeal, the defendant may make application to the appellate court for
					 assignment of counsel to respond to the appeal; and
(4) that the defendant must
					 provide the court and the defendant's trial counsel with an address where he or
					 she can be contacted should the people appeal the order of the criminal
					 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 202.1 - Application of Part; waiver; additional rules; application of CPLR; definitions

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Application. This Part shall be
				  applicable to civil actions and proceedings in the Supreme Court and the County
				  Court.
(b) Waiver. For
				  good cause shown, and in the interests of justice, the court in an action or
				  proceeding may waive compliance with any of the rules in this Part, other than
				  sections 202.2 and
				  202.3, 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) Application of CPLR. The
				  provisions of this Part shall be construed consistent with the Civil Practice
				  Law and Rules (CPLR), and matters not covered by these provisions shall be
				  governed by the CPLR.
(e) Definitions.
(1) Chief Administrator of the Courts in
				  this Part also includes a designee of the Chief Administrator.
(2) The term clerk shall mean
				  the chief clerk or other appropriate clerk of the trial court unless the
				  context otherwise requires.
(3) 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 CPLR.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.2 - 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 as may be authorized from time to time by
				  the Chief Administrator of the Courts.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.4 - County Court judge; applications in Supreme Court actions; applications for settlement of Supreme Court actions

Current through Register Vol. 46, No.
				  28, July 10, 2024
Ex parte applications in actions or
					 proceedings in the Supreme Court, and applications for the settlement of
					 actions or proceedings pending in the Supreme Court, where judicial approval is
					 necessary, may be heard and determined by a judge of the County Court in the
					 county where venue is laid, during periods when no Supreme Court term is in
					 session in the county.
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 202.5 - Papers Filed in Court

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Index
				  Number; Form; Label.
(1) The party filing the
				  first paper in an action, upon payment of the proper fee, shall obtain from the
				  county clerk an index number, which shall be affixed to the paper. The party
				  causing the first paper to be filed shall communicate in writing the county
				  clerk's index number forthwith to all other parties to the action. Thereafter
				  such number shall appear on the outside cover and first page to the right of
				  the caption of every paper tendered for filing in the action. Each such cover
				  and first page also shall contain an indication of the county of venue and a
				  brief description of the nature of the paper and, where the case has been
				  assigned to an individual judge, shall contain the name of the assigned judge
				  to the right of the caption. In addition to complying with the provisions of
				  CPLR 2101, every paper filed in court shall have annexed thereto appropriate
				  proof of service on all parties where required, and if typewritten, shall have
				  at least double space between each line, except for quotations and the names
				  and addresses of attorneys appearing in the action, and shall have at least
				  one-inch margins. In addition, every paper filed in court, other than an
				  exhibit or printed form, shall contain writing on one side only, except that
				  papers that are fastened on the side may contain writing on both sides, and
				  shall contain print no smaller than 12-point, or 8 1/2 x 11 inch paper, bearing
				  margins no smaller than one inch. The print size of footnotes shall be no
				  smaller than 10 point. Papers that are stapled or bound securely shall not be
				  rejected for filing simply because they are not bound with a backer of any
				  kind.
(2) Unless otherwise directed
				  by the court, each electronically-submitted memorandum of law, affidavit and
				  affirmation, exceeding 4500 words, which was prepared with the use of a
				  computer software program, shall include bookmarks providing a listing of the
				  document's contents and facilitating easy navigation by the reader within 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 202.5a - Filing by Electronic Transmission

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) Papers and correspondence by fax. Papers
				  and correspondence filed by fax shall comply with the requirements of section
				  202.5 except that papers shall not
				  be submitted to the court by fax without advance approval of the justice
				  assigned. Correspondence sent by fax should not be followed by hard copy unless
				  requested.
(b) Papers submitted in
				  digital format. In cases not pending in the court's Filing by Electronic Means
				  System, the court may permit counsel to communicate with the court and each
				  other by e-mail. Papers and correspondence filed by fax shall comply with the
				  requirements of section
				  202.5 except that papers shall not
				  be submitted to the court by fax without advance approval of the justice
				  assigned. In the court's discretion, counsel may be requested to submit
				  memoranda of law by e-mail or by other electronic means, such as by a computer
				  flash drive, along with an original and courtesy copy.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.5b - Electronic filing in Supreme Court; consensual program

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a)
Application.
(1) On consent, documents may be filed and
				  served by electronic means in Supreme Court in such civil actions and in such
				  counties as shall be authorized by order of the Chief Administrator of the
				  Courts and only to the extent and in the manner provided this
				  section.
(2) Definitions. For
				  purposes of this section:
(i)
electronic means
shall mean any method of transmission of
				  information between computers or other machines, other than facsimile machines,
				  designed for the purpose of sending and receiving such transmissions, and which
				  allows the recipient to reproduce the information transmitted in a tangible
				  medium of expression;
(ii)
NYSCEF
shall mean the New York State Courts Electronic Filing
				  System and the
NYSCEF site
shall mean the New York State
				  Courts Electronic Filing System website located at
				  www.nycourts.gov/efile;
(iii)
e-filing, electronic filing
and
electronically
				  filing
shall mean the filing and service of documents in a civil
				  action by electronic means through the NYSCEF site;
(iv) an
authorized e-filing
				  user
shall mean a person who has registered to use e-filing pursuant
				  to subdivision (c) of this section;
(v) an
action
shall include
				  a special proceeding and an
e-filed action
shall mean an
				  action in which documents are electronically filed and served in accordance
				  with this section;
(vi)
hard copy
shall mean information set forth in paper
				  form;
(vii)
working
				  copy
shall mean a hard copy that is an exact copy of a document that
				  has been electronically filed in accordance with this section;
(viii)
party
or
parties
shall mean the party or parties to an action or
				  counsel thereto;
(ix)
unrepresented litigant
shall mean a party to an action who is
				  not represented by counsel;
(x)
expedited processing
shall mean the expedited registration of
				  a person as an authorized e-filing user; and
(xi)
resource center
shall
				  mean the NYSCEF resource center, the e-filing help center available at (646)
				  386-3033 or efile@nycourts.gov and through the NYSCEF site.
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 202.5bb - Electronic Filing in Supreme Court; Mandatory Program

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) Application.
(1) Except where otherwise
				  required by statute, all documents filed and served in Supreme Court shall be
				  filed and served by electronic means in such classes of actions and such
				  counties as shall be specified by order of the Chief Administrator of the
				  Courts and only to the extent and in the manner prescribed in this section .
				  Except to the extent that this section shall otherwise require, the provisions
				  of section
				  202.5 -b of these rules shall
				  govern electronic filing under this section.
(2) Notwithstanding the foregoing, the
				  Chief Administrator shall not eliminate the requirement of consent to
				  participate in electronic filing in the following classes of cases:
(i) matrimonial actions as
				  defined by the civil practice law and rules;
(ii) election law proceedings;
(iii) proceedings brought
				  pursuant to article 70 or 78 of the civil practice law and rules;
(iv) proceedings brought
				  pursuant to the mental hygiene law;
(v) residential foreclosure actions
				  involving a home loan as such term is defined in section
				  1304 of the real property actions and
				  proceedings law other than actions commenced prior to September 1, 2017 in
				  Erie, Essex, New York, Queens, Rockland, Suffolk and Westchester Counties;
				  provided, however, the Chief Administrator may require that the initial filing
				  of papers required for the commencement of such actions in any county, where
				  made by a party represented by counsel, be electronically filed; and
(vi) proceedings related to
				  consumer credit transactions as defined in subsection (f) of section
				  105 of the civil practice law and rules
				  other than proceedings commenced prior to September 1, 2017 in Erie, New York,
				  Onondaga, Rockland and Westchester Counties; provided, however, the Chief
				  Administrator may require that the initial filing of papers required for the
				  commencement of such actions in any county, where made by a party represented
				  by counsel, be electronically filed.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.8-a - Motion 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. Regardless of whether the papers are filed electronically or in hard
				  copy or as working copies, counsel must submit as part of the motion papers
				  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 use tabs on hard or working
				  copies when submitting papers containing exhibits. 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
				  translated as required by CPLR 2101(b). Whenever reliance is placed upon a
				  decision or other authority not readily available to the court, a copy of the
				  case or of pertinent portions of the authority shall be submitted with the
				  motion papers.
(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.
				  Unless the court orders otherwise, no motion may be adjourned on consent more
				  than three times or for a cumulative total of more than 60 days.
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 202.8-b - Length of Papers

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Where
				  prepared by use of a computer, unless otherwise permitted by the court:
(i) affidavits, affirmations, briefs and
				  memoranda of law in chief shall be limited to 7.000 words each:
(ii) reply affidavits, affirmations, and
				  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.
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 202.8-c - 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 202.8-d - 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. See Section
					 202.8 -e. Absent advance
					 permission of the court, 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 202.8-e - Temporary Restraining Orders

Current through Register Vol. 46,
				  No. 28, July 10, 2024
Unless the moving party can demonstrate significant
					 prejudice by reason of giving notice, or that notice could not be given despite
					 a good faith effort to provide notice, a temporary restraining order should not
					 be issued ex parte. Unless excused by the court, the applicant must give notice
					 of the time, date and place that the application will be made in a manner, and
					 provide copies of all supporting papers, to the opposing parties sufficiently
					 in advance to permit them an opportunity to appear and contest the application.
					 Any application for temporary injunctive relief, including but not limited to a
					 motion for a stay or a temporary restraining order, shall contain, in addition
					 to the other information required by this section, an affirmation demonstrating
					 either that:
(a) notice has been
				  given; or
(b) notice could not be
				  given despite a good faith effort to provide it or
(c) there will be significant prejudice to
				  the party seeking the restraining order by giving of notice. This subdivision
				  shall not be applicable to orders to show cause or motions in special
				  proceedings brought under Article 7 of the Real Property Actions and
				  Proceedings Law, nor to orders to show cause or motions requesting an order of
				  protection under section
				  240 of
				  the Domestic Relations Law, unless otherwise ordered 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 202.8-f - Oral Argument

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Each
				  court or court part shall adopt a procedure governing request for oral argument
				  of motions, provided that, in the absence of the adoption of such a procedure
				  by a particular court or part, the provisions of paragraph (b) shall apply. The
				  procedure to be adopted shall set forth whether oral argument is required on
				  all motions or whether the court will determine, on a case-by-case basis,
				  whether oral argument will be heard and how counsel shall request argument and,
				  if oral argument is permitted, when counsel shall appear.
(b) Any party may request oral argument of a
				  motion by letter accompanying the motion papers. 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.
(c) Oral arguments may be
				  conducted by the court by electronic means.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.8-g - 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 paragraph responding to each numbered paragraph in the statement of
				  the moving party and, if necessary, 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 may 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. The court may allow any such admission to be amended or
				  withdrawn on such terms as may be just.
(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.
(e) In the event that the proponent of a
				  motion for summary judgment fails to provide a statement of undisputed facts
				  though required to do so, the court may order compliance and adjourn the
				  motion, may deny the motion without prejudice to renewal upon compliance, or
				  may take such other action as may be just and appropriate. In the event that
				  the opponent of a motion for summary judgment fails to provide any counter
				  statement of undisputed facts though required to do so, the court may order
				  compliance and adjourn the motion, may, after notice to the opponent and
				  opportunity to cure, deem the assertions contained in the proponent's statement
				  to be admitted for purposes of the motion, or may take such other action as may
				  be just and appropriate.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.9 - Special proceedings

Current through Register Vol. 46, No. 28,
				  July 10, 2024
Special proceedings shall be commenced and
					 heard in the same manner as motions that have not yet been assigned to a judge
					 as set forth in section
					 202.8 of this Part, except that
					 they shall be governed by the time requirements of the CPLR relating to special
					 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 202.9-a - Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) This section shall govern a special
				  proceeding authorized by subsection (d) of section
				  9-518 of the Uniform Commercial Code for
				  the redaction or expungement of a falsely-filed or amended financing statement.
				  Except as otherwise provided in such subsection and in this section, such a
				  special proceeding shall be subject to the provisions of article four of the
				  CPLR and of section
				  202.9 of these rules.
(b) The following shall apply
				  to a special proceeding governed by this section:
(1) Venue. Such a special proceeding
				  shall be commenced in the Supreme Court in:
(i) Albany County; or
(ii) the county of the
				  petitioner's residence; or
(iii) any county within a judicial
				  district in which any property covered by the financing statement is
				  located.
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 202.10 - Appearance at Conferences

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Any
				  party may request to appear at a conference by electronic means. Where feasible
				  and appropriate, the court is encouraged to grant such requests.
(b) Adjournments of conferences shall be
				  granted upon a showing of good cause. An adjournment of a conference will not
				  change any date in any court order, including but not limited to 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 202.11 - Consultation prior to Preliminary and Compliance Conference

Current
				  through Register Vol. 46, No. 28, July 10, 2024
Counsel for all parties shall consult prior to a
					 preliminary or compliance conference about (i) resolution of the case, in whole
					 or in part; (ii) discovery, including discovery of electronically stored
					 information, and any other issues to be discussed at the conference, (iii) the
					 use of alternate dispute resolution to resolve all or some issues in the
					 litigation; and (iv) any voluntary and informal exchange of information that
					 the parties agree would help aid early settlement of the case. Counsel shall
					 make a good faith effort to reach agreement on these matters in advance of the
					 conference.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.13 - Removal of actions without consent to courts of limited jurisdiction

Current through Register Vol. 46, No. 28, July 10,
				  2024
Actions may be removed to courts of limited
					 jurisdiction without consent pursuant to the provisions of CPLR 325(d) as
					 follows:
(a) from the
				  Supreme Court in counties within the First, Second, Eleventh and Twelfth
				  Judicial Districts to the Civil Court of the City of New York;
(b) from the Supreme Court in
				  counties within the Ninth Judicial District to county and city courts within
				  such counties;
(c)
				  from the Supreme Court in counties within the Tenth Judicial District to county
				  courts within such counties;
(d) from the Supreme Court in counties
				  within the Third Judicial Department to county and city courts within such
				  counties;
(e) from the
				  Supreme Court in counties within the Fourth Judicial Department to county and
				  city courts within such counties;
(f) from the County Court of Broome
				  County to the City Court of Binghamton;
(g) from the County Court of Albany
				  County to the City Court of Albany;
(h) from the Supreme Court and County
				  Court of Nassau County to the District Court of Nassau County and to the city
				  courts within such county; and
(i) from the Supreme Court and County
				  Court of Suffolk County to the District Court of Suffolk County.
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 202.14 - Special masters

Current through Register Vol. 46, No. 28, July
				  10, 2024
The Chief Administrator of the Courts may
					 authorize the creation of a program for the appointment of attorneys as special
					 masters in designated courts to preside over conferences and hear and report on
					 applications to the court. Special masters shall serve without
					 compensation.
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 202.15 - Videotape recording of civil depositions

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) When permitted. Depositions
				  authorized under the provisions of the Civil Practice Law and Rules or other
				  law may be taken, as permitted by section
				  3113
				  (b) of the Civil Practice Law and Rules, by
				  means of simultaneous audio and visual electronic recording, provided such
				  recording is made in conformity with this section.
(b) Other rules applicable.
				  Except as otherwise provided in this section, or where the nature of videotaped
				  recording makes compliance impossible or unnecessary, all rules generally
				  applicable to examinations before trial shall apply to videotaped recording of
				  depositions.
(c)
				  Notice of taking deposition. Every notice or subpoena for the taking of a
				  videotaped deposition shall state that it is to be videotaped and the name and
				  address of the videotape operator and of the operator's employer, if any. The
				  operator may be an employee of the attorney taking the deposition. Where an
				  application for an order to take a videotaped deposition is made, the
				  application and order shall contain the same information.
(d) Conduct of the examination.
(1) The deposition shall begin
				  by one of the attorneys or the operator stating on camera:
(i) the operator's name and
				  address;
(ii) the name
				  and address of the operator's employer;
(iii) the date, the time and place of the
				  deposition; and
(iv)
				  the party on whose behalf the deposition is being taken.
The officer before whom the deposition is
					 taken shall be a person authorized by statute and shall identify himself or
					 herself and swear the witness on camera. If the deposition requires the use of
					 more than one tape, the end of each tape and the beginning of each succeeding
					 tape shall be announced by the operator.
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 202.16 - Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a)
				  Applicability of Part 202 and Section
				  202.16.
(1) Part 202 shall be applicable to civil
				  actions and proceedings in the Supreme Court, including, but not limited to,
				  matrimonial actions and proceedings, except as otherwise provided in this
				  section 202.16 and in sections
				  202.16 -a, 202.16-b, and 202.18,
				  which sections shall control in the event of conflict.
(2) This section shall be applicable to all
				  contested actions and proceedings in the Supreme Court in which statements of
				  net worth are required by section
				  236 of
				  the Domestic Relations Law to be filed and in which a judicial determination
				  may be made with respect to alimony, counsel fees, pendente lite, maintenance,
				  custody and visitation, child support, or the equitable distribution of
				  property, including those referred to Family Court by the Supreme Court
				  pursuant to section
				  464 of the
				  Family Court Act.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.17 - Exchange of medical reports in personal injury and wrongful death actions

Current through Register Vol. 46, No. 28, July 10,
				  2024
Except where the court otherwise directs, in
					 all actions in which recovery is sought for personal injuries, disability or
					 death, physical examinations and the exchange of medical information shall be
					 governed by the provisions hereinafter set forth.
(a) At any time after joinder of issue
				  and service of a bill of particulars, the party to be examined or any other
				  party may serve on all other parties a notice fixing the time and place of
				  examination. Unless otherwise stipulated, the examination shall be held not
				  less than 30 nor more than 60 days after service of the notice. If served by
				  any party other than the party to be examined, the notice shall name the
				  examining medical provider or providers. If the notice is served by the party
				  to be examined, the examining parties shall, within five days of receipt
				  thereof, submit to the party to be examined the name of the medical providers
				  who will conduct the examination. Any party may move to modify or vacate the
				  notice fixing the time and place of examination or the notice naming the
				  examining medical providers, within 10 days of the receipt thereof, on the
				  grounds that the time or place fixed or the medical provider named is
				  objectionable, or that the nature of the action is such that the interests of
				  justice will not be served by an examination, exchange of medical reports or
				  delivery of authorizations.
(b) At least 20 days before the date of
				  such examination, or on such other date as the court may direct, the party to
				  be examined shall serve upon and deliver to all other parties the following,
				  which may be used by the examining medical provider:
(1) copies of the medical reports of
				  those medical providers who have previously treated or examined the party
				  seeking recovery. These shall include a recital of the injuries and conditions
				  as to which testimony will be offered at the trial, referring to and
				  identifying those X-ray and techniciansreports which will be offered at the
				  trial, including a description of the injuries, a diagnosis and a prognosis.
				  Medical reports may consist of completed medical provider, workers'
				  compensation, or insurance forms that provide the information required by this
				  paragraph;
(2) duly
				  executed and acknowledged written authorizations permitting all parties to
				  obtain and make copies of all hospital records and such other records,
				  including X-ray and technicians' reports, as may be referred to and identified
				  in the reports of those medical providers who have treated or examined the
				  party seeking recovery.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.18 - Testimony of court-appointed expert witness in matrimonial action or proceeding

Current through Register Vol. 46, No. 28,
				  July 10, 2024
In any action or proceeding tried without a
					 jury to which section
					 237 of
					 the Domestic Relations Law applies, the court may appoint a psychiatrist,
					 psychologist, social worker or other appropriate expert to give testimony with
					 respect to custody or visitation, and may appoint an accountant, appraiser,
					 actuary or other appropriate expert to give testimony with respect to equitable
					 distribution or a distributive award. In the First and Second Judicial
					 Departments, appointments shall be made as appropriate from a panel of mental
					 health professionals pursuant to Parts 623 and 680 of this Title. The cost of
					 such expert witness shall be paid by a party or parties as the court shall
					 direct.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.19 - Differentiated case management

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) Applicability. This section shall
				  apply to such categories of cases designated by the Chief Administrator of the
				  Courts as being subject to differentiated case management, and shall be
				  implemented in such counties, courts or parts of courts as designated by the
				  Chief Administrator. The provisions of section
				  202.12 of this Part, relating to
				  the preliminary conference, and section
				  202.26 of this Part, relating to
				  the pretrial conference, shall apply to the extent not inconsistent with this
				  section.
(b)
				  Preliminary conference.
(1) In
				  all actions and proceedings to which this section of the rules is applicable, a
				  preliminary conference shall be ordered by the court to be held within 45 days
				  after the request for judicial intervention is filed.
(2) At the preliminary
				  conference, the court shall designate the track to which the case shall be
				  assigned in accordance with the following:
(i) expedited--discovery to be completed
				  within eight months;
(ii) standard--discovery to be completed
				  within 12 months; and
(iii) complex--discovery to be completed
				  within 15 months.
The timeframes must be complied with unless
					 otherwise shortened or extended by the court depending upon the circumstances
					 of the case.
(3) No later than 60 days before the date
				  fixed for completion of discovery, a compliance conference shall be held to
				  monitor the progress of discovery, explore potential settlement, and set a
				  deadline for the filing of the note of issue.
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 - Interrogatories

Current through Register Vol. 46, No. 28, July 10,
				  2024
Interrogatories are limited to 25 in number, including
					 subparts, unless the parties agree or the court orders otherwise. This limit
					 applies to consolidated actions as well.
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-a - Privilege Logs

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Meet and
				  Confer. Parties shall meet and confer at the outset of the case, and from time
				  to time thereafter, to discuss the scope of the privilege review, the amount of
				  information to be set out in the privilege log, the use of categories to reduce
				  document-by-document logging, whether any categories of information may be
				  excluded from the logging requirement, and any other issues pertinent to
				  privilege review, including the entry of an appropriate non-waiver order. To
				  the extent that the collection process and parameters are disclosed to the
				  other parties and those parties do not object, that fact may be relevant to the
				  Court when addressing later discovery disputes.
(b) Court Order. Agreements and protocols
				  agreed upon by parties may be memorialized in a court order. In the event the
				  parties are unable to enter into an agreement or protocol, the court shall by
				  order provide for the scope of the privilege review, the amount of information
				  to be set out in the privilege log, the use of categories to reduce
				  document-by-document logging, whether any categories of information may be
				  excluded from the logging, whether any categories of information may be
				  excluded from the logging requirement, and any other issues pertinent to
				  privilege review, including the entry of an appropriate non-waiver order, and
				  the allocation of costs and expenses as between the parties.
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-b - Limitations on Depositions

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Unless
				  otherwise stipulated to by the parties or ordered by the court:
(1) the number of depositions taken by
				  plaintiffs, or by defendants, or by third-party defendants, shall be limited to
				  10; and
(2) depositions shall be
				  limited to 7 hours per deponent.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.20-c - Requests for Documents

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) For
				  each document request propounded, the responding party shall, in its Response
				  and Objections served pursuant to CPLR 3122(a) (the "Response"), either:
(1) state that the production is made as
				  requested; or
(2) state with
				  reasonable particularity the grounds for any objection to production.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.20-d - Depositions of Entities; Identification of Matters

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) A notice or subpoena may name as a
				  deponent a corporation, estate, trust, partnership, limited liability company,
				  association, joint venture, public corporation, government, or governmental
				  subdivision, agency or instrumentality, or any other legal or commercial
				  entity.
(b) Notices and subpoenas
				  directed to an entity may enumerate the matters upon which the person is to be
				  examined, and if so enumerated, the matters must be described with reasonable
				  particularity.
(c) If the notice or
				  subpoena to an entity does not identify a particular officer, director, member
				  or employee of the entity, but elects to set forth the matters for examination
				  as contemplated in section (b) of this Rule, then no later than ten days prior
				  to the scheduled deposition:
(1) the named
				  entity must designate one or more officers, directors, members or employees, or
				  other individual(s) who consent to testify on its behalf;
(2) such designation must include the
				  identity, description or title of such individual(s); and
(3) if the named entity designates more than
				  one individual, it must set out the matters on which each individual will
				  testify.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.20-e - Adherence to Discovery Schedule

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) Parties shall strictly comply with
				  discovery obligations by the dates set forth in all case scheduling orders.
				  Applications for extension of a discovery deadline shall be made as soon as
				  practicable and prior to the expiration of such deadline. Non-compliance with
				  such an order may result in the imposition of an appropriate sanction against
				  that party or for other relief pursuant to CPLR 3126.
(b) If a party seeks documents from an
				  adverse party as a condition precedent to a deposition of such party and the
				  documents are not produced by the date fixed, the party seeking disclosure may
				  ask the court to preclude the non-producing party from introducing such
				  demanded documents at trial.