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 207 - Uniform Rules For The Surrogate's Court › Section 207.1 - Application of Part; waiver; special rules; definitions

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) Application. This Part shall
				  be applicable to proceedings in all Surrogate''s Courts in New York
				  State.
(b) Waiver. For
				  good cause shown, and in the interest of justice, the court in a proceeding may
				  waive compliance with any of the rules in this Part other than section
				  207.2 unless prohibited from doing
				  so by statute or by rule of the Chief Judge.
(c) Additional rules. Local court rules,
				  and all court forms 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 SCPA, EPTL
				  and CPLR. The provisions of this Part shall be construed consistently with the
				  Surrogate's Court Procedure Act (SCPA) and the Estates Powers and Trusts Law
				  (EPTL). Matters not covered by these provisions, the SCPA and the EPTL shall be
				  governed by the Civil Practice Law and Rules (CPLR).
(e) Definitions.
(1) Chief Administrator of the
				  Courts in this Part also includes a designee of the Chief
				  Administrator.
(2)
				  Unless the context requires otherwise, all references to clerk shall mean the
				  Chief Clerk of each Surrogate's Court or the designee of the Chief
				  Clerk.
(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, EPTL
				  and the SCPA.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.2 - Terms of court

Current through Register Vol. 46, No. 28, July
				  10, 2024
In each Surrogate's Court there shall be held
					 such terms as the Chief Administrator shall designate.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.4 - Papers filed in court; clerk's file number; official forms

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) Unless otherwise specified
				  by the court, attorneys, as well as parties appearing without attorneys, shall
				  prepare and submit all papers, pleadings, orders and decrees to be acted upon
				  by the Surrogate. The party causing the first paper to be filed shall
				  communicate the clerk's file number forthwith to all other parties to the
				  proceeding; service of the citation bearing the file number shall be
				  sufficient. 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
				  proceeding. The caption also shall contain the title of the proceeding, an
				  indication of the county of venue and a brief description of the nature of the
				  paper. All papers shall comply with the provisions of CPLR 2101 and (other than
				  wills, codicils, exhibits and forms of other governmental agencies) shall be on
				  standard 81/2 inch by 11-inch paper. The text of all papers must be legible
				  and, other than prompts and instructions, must be in a standard typeface of 10
				  to 12-point characters and have margins that shall be no less than one-half
				  inch. Papers also shall contain the name of the attorney or party submitting
				  them and, whenever possible, the names, addresses and information regarding
				  parties to the proceeding shall be printed in bold typeface.
(b) The forms set forth in
				  Chapter VII of Subtitle D of this Title, designated "Surrogate Court Forms,"
				  and including forms for the Surrogate's Court and adoption forms of the Family
				  Court and Surrogate's Court, shall be the official forms of the court and shall
				  be accepted for filing pursuant to SCPA 106. Forms produced on computers or
				  word processors shall be accepted for filing, provided (1) the text used shall
				  be the same as that contained in the official forms and (2) the attorney or
				  party preparing such form shall certify at the end thereof that the form is the
				  same as the official form and that the substantive text has not been altered.
				  Persons submitting such forms may leave out instructions (contained in
				  brackets) and optional words or phrases that have not been selected or are
				  irrelevant. Submitting a form to be an official form, but upon which the text
				  has been intentionally altered to change the substance or meaning thereof, may
				  be regarded as an attempt to mislead the court.
(c) Examples of the official forms shall
				  be available at the clerk's office of any Surrogate's 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 207 - Uniform Rules For The Surrogate's Court › Section 207.4a - Electronic Filing in Surrogate's Court; Consensual Program

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) Application. On consent,
				  documents may be filed or served electronically in Surrogate's Court
				  proceedings and counties as specified by order of the Chief Administrator of
				  the Courts. This section shall apply only to those proceedings and
				  counties.
(b)
				  Definitions. The following definitions shall be used for the purposes of these
				  rules:
(1) ''New York State
				  Courts Electronic Filing System'' (''NYS-CEF'') shall mean the system, located
				  at the Internet site at
www.nycourts.gov/efile
, established by the
				  Chief Administrator to permit the electronic transmission of documents to
				  courts and parties in authorized cases.
(2) "Consent" shall mean the voluntary
				  agreement by an attorney or party to an estate proceeding to participate in
				  that proceeding through NYSCEF pursuant to these rules.
(3) "Document" shall mean any
				  submission to the court for filing.
(4) "Electronic filing" ("e-filing")
				  shall mean the electronic transmission of documents through NYSCEF to the
				  Surrogate's Court.
(5)
				  "Electronic service" ("e-service") shall mean the electronic transmission of
				  documents to a party or that party's attorney or representative in accordance
				  with these rules. E-service shall not include service of process to gain
				  jurisdiction. E-service shall be complete upon transmission of documents to
				  NYSCEF.
(6) "E-filer"
				  shall mean an attorney admitted to practice in New York State, or admitted pro
				  hac vice, or an authorized agent thereof, or an unrepresented party, any of
				  whom is registered as an e-filer with NYSCEF as set forth below.
(7) "Hard copy" shall mean a
				  document in paper form.
(8) "Party" shall mean an individual or
				  entity who has an interest in the proceeding and without whom the case may not
				  proceed.
(9)
				  "Authorized agent" shall mean a person or filing service company designated by
				  an attorney to file and serve documents on the attorney's behalf in an estate
				  proceeding, pursuant to a form promulgated by the Chief Administrator and filed
				  as provided therein.
(10) ''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.
(11) "Unrepresented litigant" shall mean
				  a party to an action who is not represented by counsel.
(12) "Expedited processing"
				  shall mean the expedited registration of a person as an authorized e-filing
				  user.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.4aa - Electronic Filing in Surrogate's Court; Mandatory Program

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) Application. There is hereby
				  established a program in which all documents filed and served in Surrogate's
				  Court proceedings and counties specified by order of the Chief Administrator of
				  the Courts shall be filed and served electronically. Except to the extent that
				  this section shall otherwise require, the provisions of section
				  207.4 -a of these rules shall
				  govern this program.
(b) Commencement of Proceedings Under
				  this Section.
(1) Mandatory
				  commencement in general. Except as otherwise provided in this section, every
				  proceeding specified in subdivision (a) of this section shall be commenced by
				  electronically filing the initiating documents with the clerk of the court
				  through the NYSCEF site.
(2) Emergency exception. Notwithstanding
				  paragraph (1) of this subdivision, a proceeding required to be commenced
				  electronically may be commenced by the filing of initiating documents in hard
				  copy provided that such documents are accompanied by the affirmation or
				  affidavit of the filing attorney or party stating that:
(i) the statute of limitations will
				  expire on the day the documents are being filed or on the following business
				  day; and
(ii) the
				  attorney, party, or filing agent therefor is unable to electronically file such
				  documents because of technical problems with his or her computer equipment or
				  Internet connection. In the event a filer shall file initiating documents in
				  hard copy pursuant to this paragraph, each such document shall include the
				  notice required by paragraph (10) of subdivision (e) of section
				  207.4 -a of these rules, and the
				  filer shall file those documents with the NYSCEF site within three business
				  days thereafter, unless the clerk of court elects to e-file the documents on
				  behalf of the filer. For purposes of this section, such a proceeding shall be
				  deemed to have been commenced electronically.
(3) Service of process. Service
				  of process upon a party in a proceeding that must be commenced electronically
				  in accordance with this section shall be made as provided in Article 3 of the
				  Surrogate's Court Procedure Act, or by electronic means if the party served
				  agrees to accept such service. Such service shall be accompanied by a notice,
				  in a form approved by the Chief Administrator, advising the recipient that the
				  proceeding is subject to electronic filing pursuant to this section. A party
				  served by electronic means shall, within 24 hours of service, provide the
				  serving party or attorney with an electronic confirmation that the service has
				  been effected.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.5 - Submission of papers to Surrogate

Current through Register Vol. 46,
				  No. 28, July 10, 2024
All papers for signature or consideration of
					 the Surrogate shall be presented in the first instance to the clerk of the
					 court in the appropriate courtroom or clerk's office, except that where the
					 clerk is unavailable or the Surrogate so directs, papers may be filed with the
					 Surrogate and a copy filed with the clerk at the first available opportunity.
					 Where appropriate, orders to show cause may be submitted directly to the
					 Department of Law or the Surrogate. The papers shall be clearly addressed to
					 the Surrogate for whom they are intended, and prominently show the nature of
					 the papers, the title and clerk's file number of the proceeding in which they
					 are filed, and the name of the attorney or party submitting
					 them.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.6 - Transfer of actions from other courts

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) An application under SCPA 501 for the
				  consent of the court to the transfer to the Surrogate's Court of an action
				  pending in the Supreme Court, or for the transfer by the Surrogate's Court to
				  itself of any action pending in any other court, or for the consolidation of
				  such action with a proceeding pending in the Surrogate's Court, shall show
				  whether there is pending a proceeding in the Surrogate's Court and the nature
				  of the proceeding, and shall be supported by an affidavit which shall state:
(1) the court in which such
				  action is then pending;
(2) the parties to the action;
(3) the nature of the
				  action;
(4) whether
				  the action is on the trial calendar;
(5) an estimate of the time when the
				  action will be reached for trial in the court in which the same is pending,
				  with the facts upon which such estimate is based;
(6) the reasons why a transfer
				  of the action to this court is desirable; and
(7) whether a jury trial has been
				  demanded or whether the same has been waived.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.7 - Service and filing of papers; motions

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) Whenever service of a paper or notice
				  is required, copies thereof shall be served upon all parties who have appeared
				  and upon such other persons as the Surrogate may direct. Except as further
				  provided in section
				  207.9 of this Part, a party has
				  appeared within the meaning of these rules so as to entitle the party to be
				  served with notices or papers:
(1) if the party has filed a written
				  notice of appearance with a demand for service of all papers at a specified
				  address; or
(2) if the
				  party has filed a pleading upon which is endorsed the name and address of the
				  attorney appearing for the party or the name and address of the party appearing
				  pro se.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.8 - Removal of papers

Current through Register Vol. 46, No. 28, July
				  10, 2024
No record or document filed in the court shall
					 be removed therefrom by any person except on written consent of the Surrogate
					 or the clerk. Suitable facilities shall be designated by the Surrogate for the
					 examination or transcription of records and documents by parties or
					 attorneys.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.9 - Appearances

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) A
				  person not named in a citation, but who claims to be interested in the
				  proceeding and wishes to intervene therein, shall file a notice of appearance
				  and a petition or affidavit alleging interest.
(b) Unless otherwise directed by the
				  Surrogate, attorneys appearing on behalf of nondomiciliaries or parties not
				  personally served within the State must furnish acknowledged evidence of
				  authority pursuant to SCPA 401.
(c) When directed by the Surrogate, in
				  addition to filing an appearance as required by SCPA 404, a guardian ad litem
				  shall serve a notice of appearance upon all 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 207 - Uniform Rules For The Surrogate's Court › Section 207.10 - Demand for pleadings

Current through Register Vol. 46, No. 28,
				  July 10, 2024
Unless otherwise ordered by the Surrogate,
					 where a party is entitled under SCPA 302(3) to a copy of a pleading on demand,
					 it shall be served within five days of the demand.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.11 - Guardians

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Where application is made to appoint a guardian of two or more infants, a
				  separate petition and proposed order must be presented with respect to each
				  infant.
(b) The order
				  appointing a guardian of the property of an infant shall recite the substance
				  of, or contain a reference to, the requirements of SCPA 1719 regarding
				  guardian's annual accounts.
(c) As soon as a ward reaches 18 years of
				  age, the guardian shall forthwith account to the ward and proceed to obtain a
				  discharge upon receipt and release, by a proceeding for judicial settlement of
				  accounts, or by such other method 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 207 - Uniform Rules For The Surrogate's Court › Section 207.12 - Appointment of guardian ad litem on nomination

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) In addition to the
				  requirements of SCPA 403, all applications for the appointment of guardians ad
				  litem upon the petitions of infants over 14 years of age must contain the
				  following information:
(1) The
				  petition of the infant must state whether the infant has been influenced by the
				  proponent or the accounting party or the attorneys for the fiduciaries, or
				  anyone connected with them or either of them, in the selection of the person
				  the infant nominates as the infant's guardian ad litem, and whether the person
				  nominated by the infant has suggested his or her employment either in person or
				  through others.
(2)
				  The affidavit of the attorney nominated as guardian ad litem must state whether
				  the proponent in a probate proceeding or the petitioner in any other proceeding
				  or the accounting party or the attorney for any of the foregoing persons, or
				  anyone connected with such attorney, has suggested or accelerated the
				  nomination of the attorney as guardian ad litem and, if so, must state the
				  facts.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.13 - Qualification of guardians ad litem; filing report

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) Each guardian ad litem shall
				  qualify within 10 days of notification of appointment, or may be deemed unable
				  to act. He or she shall review the court's guidelines for guardians ad litem,
				  if available, and carefully examine all matters affecting the guardian's client
				  and all processes and papers to ensure that they are regular and have been duly
				  served. No decree shall be made in the proceeding until the guardian shall
				  report these findings. The report shall be made in writing or, with the consent
				  of the Surrogate, orally in open court, except as otherwise provided in SPCA
				  1754(4), within 10 court days of the guardian's appointment or from the date to
				  which the proceeding was finally adjourned, unless extended by the
				  court.
(b) A guardian
				  ad litem in a proceeding in which a decree has been entered directing payment
				  of money or delivery of property to or for the benefit of the guardian's ward
				  must file a supplemental report within 60 days after a decree settling the
				  account, showing whether the decree has been complied with insofar as it
				  affects the ward. In all such cases, the fiduciary shall immediately notify the
				  guardian in writing of the date and details of payment or delivery.
(c) The guardian's allowance may
				  be authorized in the initial decree, but, except as provided in SCPA 2111, no
				  allowance shall be paid until an appropriate report is made.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.14 - Infants' funds

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) No allowances will be made to a
				  guardian or otherwise for the support or maintenance of an infant, unless an
				  annual account for the preceding year has been filed or good cause is shown in
				  the petition why it has not been filed. The petition must comply with CPLR
				  1211.
(b) Where an
				  order is granted authorizing the periodic withdrawal of funds belonging to or
				  held in trust for an infant, it shall specify the number and amounts of such
				  withdrawals and the duration of time in which the funds may be used for the
				  purposes stated.
(c)
				  All guardians, persons acting jointly with a guardian, and depositories
				  designated by the court shall produce for examination, whenever so requested by
				  the court, all securities, evidences of deposit or investment or other records,
				  and shall also furnish an accurate record of receipts and deposits of principal
				  and income and of withdrawals and expenditures.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.15 - Birth and death certificates

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) A birth certificate shall be filed
				  upon an application for letters of guardianship or an order of
				  adoption.
(b) A death
				  certificate shall be filed upon an application for letters testamentary,
				  letters of administration or voluntary administration. Alternate evidence of
				  death may be accepted in the discretion of the court.
(c) Birth and death certificates
				  may be required to be filed in any other proceeding in the discretion of the
				  court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 207 - Uniform Rules For The Surrogate's Court › Section 207.16 - Petitions for probate and administration; proof of distribution; family tree

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  All petitions for probate or administration shall:
(1) contain the information required by
				  SCPA 304;
(2) contain
				  an estimate of the gross estate of the decedent passing by will or intestacy,
				  separately showing the values of personal and real property, gross rents for a
				  period of 18 months and information about any cause of action for personal
				  injury or wrongful death; and
(3) indicate whether any distributee is a
				  non-marital child or the issue of a non-marital person under E PTL 4-1.2(a)(1)
				  or (2).
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 207 - Uniform Rules For The Surrogate's Court › Section 207.18 - Use of virtual representation

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) In any accounting proceeding where
				  representation is to be utilized pursuant to subdivision 5 of SCPA 315, an
				  affidavit of the petitioner or petitioner's attorney, and of the representor,
				  must be submitted setting forth the following information:
(1) In the affidavit of the
				  petitioner or petitioner's attorney:
(i) the name, address and the interest in
				  the estate of the representor;
(ii) the name, address and the interest
				  in the estate of the representees; and
(iii) the statutory basis for the use of
				  virtual representation.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.19 - Probate; filing of will; depositions; proof by affidavit

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) With every petition for
				  probate of a will there must be filed the original will and a copy thereof,
				  except in the case of lost or destroyed wills or where the Surrogate dispenses
				  therewith or fixes a later time within which such will must be filed. With such
				  copy there must also be filed an affidavit showing that it is a true copy of
				  the original. If the copy be a reproduction by photographic or similar process,
				  the affidavit shall be by one person; otherwise it shall be by the two persons
				  who have compared the copy with the original. In a proceeding for probate of a
				  will alleged to be lost or destroyed, the Surrogate may make such order in
				  respect of the filing of the text thereof as he or she may deem
				  proper.
(b)
(1) Unless service is by
				  publication, a copy of the will shall be attached to all citations served and
				  the affidavits of service of citation shall recite the service of a copy of the
				  will.
(2) All waivers
				  and consents filed with the court shall recite in the body of the waiver that a
				  copy of the will was received.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.20 - Inventory of assets

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) The fiduciary or the attorney of
				  record shall furnish the court with an Inventory of Assets form which
				  identifies the following:
(1)
				  those assets that either were owned by the decedent individually, including
				  those in which the decedent had a partial interest, or were payable or
				  transferrable to the decedent's estate, by indicating the total value thereof
				  by letter only for one of the following categories: A-under $10,000; B-$10,000
				  to under $20,000; C-$20,000 to under $50,000; D-$50,000 to under $100,000;
				  E-$100,000 to under $250,000; F-$250,000 to under $500,000; G-$500,000 or over;
				  and
(2) those assets
				  held in trust; those assets over which the decedent had the power to designate
				  a beneficiary; jointly owned property; and all other non-probate property of
				  the decedent by checking yes or no.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.21 - Notification to foreign consuls

Current through Register Vol. 46, No.
				  28, July 10, 2024
Where it appears that an intestate who died,
					 or any party interested in the estate of the intestate, is the subject of a
					 foreign power whose consul is entitled by treaty to administration or
					 intervention, notice of the application for the appointment of an administrator
					 shall be given such consul.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.22 - Witnesses out of county

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) When, in an uncontested probate
				  proceeding, a witness to a will is outside the jurisdiction of the court, and
				  SCPA 1406 is not utilized, the court may order that the witness be examined in
				  the Surrogate's Court of another county or in an appropriate court of another
				  state or county or before a commissioner designated by the court pursuant to
				  SCPA 508, specifying the nature and manner of the examination, and shall send
				  such other court or commissioner a copy of such order together with the
				  original will or court-certified reproduction thereof. If the original will is
				  sent, a court-certified copy thereof shall be retained in the office of the
				  court wherein the proceeding is pending.
(b) When the testimony of the witness is
				  obtained, it shall be annexed to the will or to the copy to which it relates,
				  and together they shall be returned to and filed in the court wherein the
				  proceeding is pending, as provided in SCPA 507.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.23 - Bills of particulars in contested probate proceedings

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) In any probate proceeding in
				  which objection to probate is made upon the grounds that the execution of the
				  propounded instrument was procured by fraud or undue influence and the
				  proponent demands or moves for a bill of particulars, the proponent shall be
				  entitled as of course to the following information:
(1) the specific act or acts or course of
				  conduct alleged to have constituted and effected such undue influence, the
				  person or persons charged therewith and the time or times and place or places
				  where it is alleged to have taken place;
(2) the particular false statements,
				  suppressions of fact, misrepresentations, or other fraudulent acts alleged to
				  have been practiced upon the decedent, the place or places where these events
				  are claimed to have occurred and the persons who perpetrated them;
				  and
(3) whether such
				  acts were accompanied by an act of physical violence or mistreatment of the
				  decedent or threats, and if so, the nature thereof.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 207 - Uniform Rules For The Surrogate's Court › Section 207.24 - Discontinuance of actions

Current through Register Vol. 46, No. 28, July
				  10, 2024
In any discontinued action or proceeding, the
					 attorney for the plaintiff or petitioner shall file a stipulation or statement
					 of discontinuance with the clerk of the court within 20 days of such
					 discontinuance. If the action or proceeding has been noticed for judicial
					 activity within 20 days of such discontinuance, the stipulation or statement
					 shall be filed before the date scheduled for such activity.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 207 - Uniform Rules For The Surrogate's Court › Section 207.25 - Kinship matters

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Accounting proceedings. In all
				  kinship matters, whether the hearing be held by the court or referred to a
				  referee, proof must be completed by the party who seeks to establish kinship in
				  an accounting proceeding within one year from the date fixed for a hearing by
				  the court or the date of referral, or the party's objections shall be dismissed
				  and the monies deposited pursuant to CPLR 2601 for the benefit of unknown
				  distributees.
(b)
				  Administration or withdrawal proceedings. In all kinship matters, whether the
				  hearing be held by the court or referred to a referee, proof must be completed
				  by the party who seeks to establish kinship in an administration proceeding or
				  withdrawal proceeding within six months from the date fixed for a hearing by
				  the court or the date of referral or the petition shall be dismissed, without
				  prejudice.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.26 - Contested probate; notice of objections filed

Current through Register
				  Vol. 46, No. 28, July 10, 2024
(a) Objections to probate of a will shall
				  be filed and served with proof of service in conformity with SCPA
				  1410.
(b) Within 30
				  days of the filing of objections, the proponent shall present a citation in
				  accordance with section 1411 of the SCPA. If the proponent fails to timely
				  present such citation or, having presented it, fails to have it issued by the
				  court, the objectant or any other person interested may present such citation
				  to be served pursuant thereto.
(c) Since the requirements of SCPA 1411
				  are jurisdictional, all further pretrial procedures or proceedings shall be
				  stayed until there is compliance with this rule.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.27 - Examinations before trial in contested probate proceedings

Current
				  through Register Vol. 46, No. 28, July 10, 2024
In any contested probate proceeding in which
					 objections to probate are made and the proponent or the objectant seeks an
					 examination before trial, the items upon which the examination will be held
					 shall be determined by the application of article 31 of CPLR. Except upon the
					 showing of special circumstances, the examination will be confined to a
					 three-year period prior to the date of the propounded instrument and two years
					 thereafter, or to the date of decedent's death, whichever is the shorter
					 period.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.28 - Examination of attesting witnesses, accountants and adverse parties or witnesses

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) All examinations of attesting
				  witnesses, accountants and adverse parties or witnesses should be conducted on
				  reasonable notice to all attorneys, guardians ad litem and parties entitled
				  under SCPA 302(3). Unless the court otherwise directs, all examinations
				  pursuant to SCPA 1404, 2102, 2103, 2104 and 2211 shall be held at the
				  court-house.
(b)
				  Unless the court permits, such examinations shall not be conducted until
				  jurisdiction has been obtained over all necessary parties to the proceeding
				  and, where necessary, guardians ad litem have been appointed and
				  qualified.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.29 - Note of issue; pretrial conference

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) The court may establish such
				  calendars of cases as it deems necessary or desirable for proper case
				  management and may schedule calls of such calendars at such times and in such
				  manner as it deems appropriate.
(b) The court may direct that a trial or
				  hearing date shall not be fixed until after a party shall file in duplicate a
				  note of issue with a certificate of readiness in a form prescribed by the court
				  together with an affidavit of service of said note of issue and certificate of
				  readiness upon all parties who have appeared. The note of issue filed shall
				  contain a statement of the estimated trial time each party will
				  require.
(c) A
				  pretrial conference may be directed by the court, either before or after a
				  trial date is fixed, at which the parties shall attend. At such conference, a
				  schedule of dates for the completion of examinations, disclosure matters, bills
				  of particulars and other pretrial matters may be directed. The court may direct
				  parties to submit for inspection documents and exhibits, may require counsel to
				  stipulate as to facts and issues, and may direct severance or consolidation of
				  issues.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.30 - Statement of issues

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) At least 10 days prior to the trial
				  of the issues joined in any proceeding, except where an order framing issues
				  has theretofore been made, the petitioner shall file with the court a
				  statement, in writing, of the nature of such issues, the party who holds the
				  affirmative as to each issue, and the objections, if any, which the petitioner
				  concedes to be well taken or which may have been withdrawn.
(b) In accounting proceedings,
				  an additional notation shall be included in the statement as to any
				  modifications of the account to which the parties consent.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.31 - Jury trials; order framing issues

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) No matter shall be assigned a date
				  for trial by jury until an order framing issues and directing a trial by jury
				  has been made pursuant to SCPA 502.
(b) Whenever a jury trial has been
				  demanded, any party on five days' notice of settlement to the attorneys for all
				  other parties who have appeared may present a proposed order framing the issues
				  and directing such trial by jury. Such order shall state plainly and concisely
				  the controverted questions of fact to be determined by the jury.
(c) In such order, the court may
				  fix a date for trial or on which the matter will be placed on the calendar for
				  assignment of trial date. Such order must be served on all parties who have
				  appeared at least 15 days before date of trial or date of calendar call and
				  proof of service filed at least 10 days before such date of trial or calendar
				  call.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.32 - Identification of trial counsel

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) 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 within 10 days after
				  the filing of the notice of trial. The notice must be signed by both the
				  attorney of record and the trial counsel.
(b) After trial counsel is designated as
				  provided above, no substitution shall be permitted unless the substitute
				  counsel is available to try the case on the day scheduled for trial. Written
				  notice of such substitution shall be given promptly to the court and all
				  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 207 - Uniform Rules For The Surrogate's Court › Section 207.33 - 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 (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 207 - Uniform Rules For The Surrogate's Court › Section 207.34 - Exhibits

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) A
				  party intending to offer an exhibit that can be readily duplicated or
				  reproduced shall prepare extra copies for use at the trial. A party offering in
				  evidence any paper in his or her possession shall submit a copy to opposing
				  counsel for inspection.
(b) If a filed document is to form part
				  of the evidence to be submitted at trial, such document or a certified copy
				  shall be obtained or ordered from the clerk's office or other repository
				  sufficiently in advance of trial to permit its production without delaying the
				  trial.
(c) Whenever
				  practicable, to avoid unnecessary delay during the trial, counsel shall hand
				  exhibits for marking to the court reporter or other designated person prior to
				  the opening statements or during a recess.
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 207 - Uniform Rules For The Surrogate's Court › Section 207.35 - 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 Surrogate. 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. The court may permit trial counsel
					 to leave, provided that counsel remain in telephone contact with 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 207 - Uniform Rules For The Surrogate's Court › Section 207.36 - Failure to file timely objections

Current through Register Vol. 46,
				  No. 28, July 10, 2024
Whenever the time to file objections in a
					 proceeding has expired, objections shall not be accepted for filing unless
					 accompanied by a stipulation of all parties to extend the time or unless
					 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 207 - Uniform Rules For The Surrogate's Court › Section 207.37 - 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, 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 proceeding
				  unless for good cause shown.
(c)
(1) When settlement of an order or
				  judgment is directed by the court, a copy of the proposed order or judgment
				  with notice of settlement, returnable at the office of the clerk of the part in
				  which the order or judgment was granted, or before the judge if the court has
				  so directed or if the clerk is unavailable, shall be served on all parties
				  either:
(i) by personal service
				  not less than five days before the day of settlement;
(ii) by mail not less than 10
				  days before the date of settlement; or
(iii) by overnight delivery not less
				  than six 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 207 - Uniform Rules For The Surrogate's Court › Section 207.38 - Compromises

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Upon any application for leave to compromise a claim for wrongful death or
				  personal injuries, or both, the petition and the supporting affidavits shall
				  set forth the time, place and manner in which the decedent sustained the
				  injuries, and a complete statement of all such facts as would justify the
				  granting of the application. If the cause of action did not arise under the
				  laws of the State of New York, the laws of the jurisdiction under which said
				  cause of action arose must be established to the satisfaction of the
				  court.
(b) The
				  petition also shall show the following:
(1) the age, residence, occupation and
				  earnings of the decedent at time of death;
(2) the names, addresses, dates of birth
				  and ages of all the persons entitled to take or share in the proceeds of the
				  settlement or judgment, as provided by E PTL 5-4.4, or by the applicable law of
				  the jurisdiction under which the claim arose, and a statement whether or not
				  there are any children born out of wedlock;
(3) a complete statement of the nature
				  and extent of the disability, other than infancy, of any person set forth in
				  paragraph (2) of this subdivision;
(4) the gross amount of the proceeds of
				  settlement, the amount to be paid as attorneys' fees, and the net amount to be
				  received by petitioner as a result of the settlement;
(5) any obligations incurred for
				  funeral expenses, or for hospital, medical or nursing services, the name and
				  address of each such creditor, the respective amounts of the obligations so
				  incurred, whether such obligations have been paid in full and/or the amount of
				  the unpaid balance due on each of said claims as evidenced by proper bills
				  filed with the clerk;
(6) whether any hospital notice of lien
				  has been filed under section
				  189 of the Lien Law,
				  and if so, the particulars relating thereto;
(7) on the basis of the applicable law, a
				  tabulation showing the proposed distribution, including the names of the
				  persons entitled to share in the proceeds and the percentage or fraction
				  representing their respective shares, including a reference to the mortality
				  table, if any, employed in the proceeding which resulted in the settlement or
				  judgment, and the mortality table employed in the proposed distribution of the
				  proceeds; and
(8) the
				  cost of any annuities in compromises based upon structured settlements in
				  wrongful death actions.