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 205 - Uniform Rules For The Family Court › Section 205.83 - Terms and conditions of order in accordance with sections 1053, 1054 and 1057 of the Family Court Act (child protective proceeding)

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) An
				  order suspending judgment entered pursuant to section
				  1052 of the
				  Family Court Act shall, where the child is in foster care, set forth the
				  visitation plan between respondent and the child and between the child and his
				  or her sibling or siblings, if any, and shall require the agency to notify the
				  respondent of case conferences. A copy of the order, along with a current
				  service plan, shall be furnished to the respondent. Any order suspending
				  judgment entered pursuant to section
				  1052 of the
				  Family Court Act shall contain at least one of the following terms and
				  conditions that relate to the adjudicated acts or omissions of the respondent,
				  directing the respondent to:
(1)
				  refrain from or eliminate specified acts or conditions found at the
				  fact-finding hearing to constitute or to have caused neglect or
				  abuse;
(2) provide
				  adequate and proper food, housing, clothing, medical care, and for the other
				  needs of the child;
(3) provide proper care and supervision
				  to the child and cooperate in obtaining, accepting or allowing medical or
				  psychiatric diagnosis or treatment, alcoholism or drug abuse treatment,
				  counseling or child guidance services for the child;
(4) take proper steps to insure
				  the child's regular attendance at school; and
(5) cooperate in obtaining and accepting
				  medical treatment, psychiatric diagnosis and treatment, alcoholism or drug
				  abuse treatment, employment or counseling services, or child guidance, and
				  permit a child protective agency to obtain information from any person or
				  agency from whom the respondent or the child is receiving or was directed to
				  receive treatment or counseling.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.85 - Procedure when a child who has been placed absconds (child protective proceeding)

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) When a child placed pursuant to
				  section
				  1055 of the
				  Family Court Act absconds, written notice of that fact shall be sent within 48
				  hours to the clerk of the court from which the placement was made. The notice
				  shall be signed by the custodial person or by an authorized representative of
				  the place of placement and shall state the name of the child, the docket number
				  of the proceeding in which the child was placed, the date on which the child
				  absconded, and the efforts made to secure the return of the child. Every order
				  of placement pursuant to section 1055 shall include a direction embodying the
				  requirement of this subdivision.
(b) Upon receipt of the written notice of
				  absconding, the clerk of the court shall cause the proceeding to be placed on
				  the calendar no later than the next court day for such action as the court may
				  deem 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 205 - Uniform Rules For The Family Court › Section 205.86 - Video recording of interviews of children alleged to have been sexually abused

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) In
				  any case in which, pursuant to section
				  1038
				  (c) of the Family Court Act, a video
				  recording is made of an expert's interview with a child alleged to have been
				  sexually abused, the attorney for the party requesting the video recording, or
				  the party, if unrepresented, shall promptly after the video recording has been
				  completed:
(1) cause to be
				  prepared a duplicate video recording, certified by the preparer as a complete
				  and unaltered copy of the original video recording;
(2) deposit the original video
				  recording, certified by the preparer as the original, with the clerk of the
				  Family Court; and
(3)
				  submit for signature to the judge before whom the case is pending a proposed
				  order authorizing the retention of the duplicate video recording by the
				  attorney, (or the party, if unrepresented) and directing that retention be in
				  conformance with this section.
Both the original video recording and the
					 duplicate thereof shall be labelled with the name of the case, the Family Court
					 docket number, the name of the child, the name of the interviewer, the name and
					 address of the technician who prepared the video recording, the date of the
					 interview, and the total elapsed time of the video recording.
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 206 - Uniform Rules For The Court Of Claims › Section 206.1 - 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 all actions and proceedings in the Court of Claims.
(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
				  206.2 and 206.3, unless prohibited from
				  doing so by statute or by rule of the Chief Judge.
(c) Application of the Court of
				  Claims Act and the Civil Practice Law and Rules. The provisions of this Part
				  shall be construed consistent with the Court of Claims Act, and matters not
				  covered by these provisions or the Court of Claims Act shall be governed by the
				  Civil Practice Law and Rules (CPLR).
(d) Definitions.
(1) Presiding judge. Reference in these
				  rules to the presiding judge shall mean the judge of the Court of Claims
				  designated as such by the Governor pursuant to section
				  2 of the
				  Court of Claims Act.
(2) Clerk. References to the clerk in the
				  Court of Claims Act and in these rules are to the chief clerk of the court in
				  Albany, whose mailing address is:
New York State Court of Claims
P.O. Box 7344, Capitol Station
Albany, NY 12224
and whose filing office is located at:
Robert Abrams Building for Law and Justice,
					 7th Floor
Governor Nelson A. Rockefeller Empire State
					 Plaza
Albany, NY
(3) Chief Administrator of the
				  Courts in this Part also includes a designee of the Chief
				  Administrator.
(4)
				  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 Court
				  of Claims Act and 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 206 - Uniform Rules For The Court Of Claims › Section 206.2 - 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.
(1) 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.
(2) There shall be such parts of the
				  Court of Claims 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 206 - Uniform Rules For The Court Of Claims › Section 206.3 - Individual assignment system; structure

Current through Register
				  Vol. 46, No. 28, July 10, 2024
(a) General. There shall be established for
				  all actions heard in the Court of Claims an individual assignment system which
				  provides for the continuous supervision of each action by a single judge.
				  Except as otherwise may be authorized by the Chief Administrator or by these
				  rules, every action shall be assigned and heard pursuant to the individual
				  assignment system.
(b) Assignments.
				  Except as otherwise provided by these rules, actions shall be assigned to the
				  judges of the court upon the filing of a claim with the court. Assignments
				  shall be made by the clerk pursuant to a method of random selection authorized
				  by the Chief Administrator. The judge thereby assigned shall be known as the
				  "assigned judge" with respect to that matter and, except as otherwise provided
				  in subdivision (c) of this section, shall conduct all further proceedings
				  therein.
(c) Exceptions.
(1) Assignment of public construction
				  contract claims and prisoner incarcerated persons pro se claims shall be made
				  at a time and in a manner authorized by the Chief Administrator.
(2) Where the requirements of matters already
				  assigned to a judge are such as to limit the ability of that judge to handle
				  additional cases, the Chief Administrator may authorize that new assignments to
				  that judge be suspended until the judge is able to handle additional
				  cases.
(3) The Chief Administrator
				  may authorize the establishment of special categories of actions, including but
				  not limited to public construction contract actions, prisoner incarcerated
				  person pro se actions, medical malpractice actions, appropriation actions and
				  actions requiring protracted consideration, for assignment to judges specially
				  assigned to hear such actions. Where more than one judge is specially assigned
				  to hear a particular category of action or proceeding, the assignment of such
				  actions or proceedings to the judges so assigned shall be at random.
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 206 - Uniform Rules For The Court Of Claims › Section 206.4 - Court districts; structure

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) As set forth below, the court shall
				  be divided into eight districts. The clerk shall prepare calendars comprised of
				  claims arising within the counties of each district.
ALBANY DISTRICT
Albany
Essex
Rensselaer
Ulster
Clinton
Franklin
Saratoga
Warren
Columbia
Greene
Schenectady
Washington
BINGHAMTON DISTRICT
Broome
Delaware
Schuyler
Tioga
Chemung
Otsego
Steuben
Yates
Chenango
Schoharie
Sullivan
BUFFALO DISTRICT
Allegany
Chautauqua
Erie
Niagara
Cattaraugus
NEW YORK DISTRICT
Bronx
Nassau
Queens
Suffolk
Kings
New York
Richmond
ROCHESTER DISTRICT
Genesee
Monroe
Orleans
Wyoming
Livingston
Ontario
SYRACUSE DISTRICT
Cayuga
Jefferson
Oswego
Tompkins
Cortland
Onondaga
Seneca
Wayne
UTICA DISTRICT
Fulton
Herkimer
Madison
Oneida
Hamilton
Lewis
Montgomery
St. Lawrence
WHITE PLAINS DISTRICT
Dutchess
Putnam
Rockland
Westchester
Orange
(b) No claim shall be transferred for
				  trial from one district to another unless ordered upon motion on notice setting
				  forth the grounds, or upon order of the presiding judge.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 206 - Uniform Rules For The Court Of Claims › Section 206.5 - Papers filed with the court; numbering claims

Current through Register
				  Vol. 46, No. 28, July 10, 2024
(a) A claim shall be filed by delivering
				  it to the office of the clerk either in person or by facsimile transmission or
				  electronic means pursuant to sections
				  206.5a and 206.5a a of this Part,
				  respectively, or upon the receipt thereof at the clerk's office by mail. Except
				  where filing is made by facsimile transmission or electronic means, at the time
				  of filing the original claim, the claimant shall file in the clerk's office two
				  copies thereof. Proof of service on the defendant shall be filed in paper form
				  or by facsimile transmission or electronic means with the clerk within 10 days
				  of such service. Upon the filing, other than by electronic means, of a claim
				  that is subject to electronic filing pursuant to section
				  206.5a a of this Part, the clerk
				  shall provide the claimant with a copy of a notice regarding availability of
				  electronic filing in a form approved by the Chief Administrator of the Courts.
				  Regardless of the manner in which a claim is filed, where such claim is subject
				  to electronic filing and the claimant desires that the action proceed by
				  electronic filing, the claimant shall serve the defendant with a notice of
				  identifying the claim as subject to electronic filing in a manner authorized by
				  section 202.5b(g)(1) of
				  this Part. Such notice identifying the claim as subject to electronic filing
				  shall read substantially as follows:
NOTICE IDENTIFYING THE CLAIM AS SUBJECT TO
					 ELECTRONIC FILING
STATE OF NEW YORK - COURT OF CLAIMS
CLAIM NO. ________
________
Claimant
-against-
THE STATE OF NEW YORK
Defendant
____________
Please take notice that, pursuant to section
					 206.5a a of the Uniform Rules for
					 the Court of Claims (22 NYCRR §
											206.5a a), all papers to be filed
					 or served in this claim shall be filed or served electronically by the parties
					 as provided under section
					 206.5a a unless, in accordance
					 with such section:
(1) a
				  judge orders otherwise; or
(2) the papers involved are not permitted
				  to be filed or served electronically.
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 206 - Uniform Rules For The Court Of Claims › Section 206.5a - Filing by facsimile transmission

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) Application. This section shall take
				  effect on May 3, 1999, and shall be applicable to the filing of any paper with
				  the court in any action or proceeding commenced on or after such
				  date.
(b) Filing of
				  papers with the court.
(1)
				  Except where papers required or permitted to be filed with the court must be
				  filed by electronic means, such papers may be delivered to the clerk of the
				  court by facsimile transmission at a facsimile telephone number provided for
				  such purpose by the clerk. The cover sheet utilized for such facsimile
				  transmission shall be in a form prescribed by the Chief Administrator of the
				  Courts and shall indicate the nature of the paper being filed; any previously
				  assigned claim number; the name and address of the filing party or the party's
				  attorney; the telephone number of the party or attorney; the facsimile
				  telephone number that may receive a return facsimile transmission; and the
				  number of total pages, including the cover sheet, being filed. All such papers
				  shall comply with the requirements of CPLR 2101(a) and shall be signed and
				  verified as required by law. The clerk shall not be required to accept such
				  filing if it is more than 50 pages in length (including exhibits, but excluding
				  the cover sheet). Documents may be filed by facsimile transmission at any time
				  of the day or night; only documents received before 12 midnight on any day will
				  be considered to have been received as of that day.
(2) Upon receipt of papers filed
				  by facsimile transmission, the clerk shall stamp such papers with the date the
				  papers were received, and no later than the following business day, shall
				  transmit a copy of the first page of each paper received, containing the date
				  of receipt, to the filing party or attorney either by facsimile transmission or
				  by posting by first class mail. If any page of the papers received by the clerk
				  is missing or illegible, the confirmation of receipt transmitted by the clerk
				  shall so state, and the party or attorney forthwith shall transmit a new or
				  corrected page to the clerk for appropriate inclusion in the transmitted
				  papers. Notice shall be given by the clerk to the party or attorney that the
				  new or corrected page 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 206 - Uniform Rules For The Court Of Claims › Section 206.5-aa - Filing by electronic means

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) All designated claims in the Court of
				  Claims shall be subject to electronic filing in accordance with the provisions
				  of section
				  202.5 -b of this Title.
(b) For purpose of this section:
(1) The term "action" as used in section
				  202.5 -b of this Title, shall also
				  include a claim in the Court of Claims;
(2) The term "designated claim" shall mean a
				  claim falling within one or more categories of claims designated pursuant to
				  subdivision (c) of this section; provided, however the terms designated claim
				  may not include a claim commenced by a Federal, State or local incarcerated
				  person under sentence for conviction of a crime; and
(3) references to the county clerk, the chief
				  clerk of the Supreme Court or the clerk of a court in section
				  202.5 -b of this Title shall be
				  deemed to mean the clerk of the Court of Claims.
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 206 - Uniform Rules For The Court Of Claims › Section 206.5b - Filing fee; waiver or reduction

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) Pursuant to section
				  11-a of
				  the Court of Claims Act, the claim shall be accompanied by either a filing fee
				  of $50 or a motion, affidavit or certification pursuant to CPLR 1101.
(b) No filing fee shall be
				  required for a third-party claim filed pursuant to section
				  9
				  (9-a) of the Court of Claims Act and section
				  206.6(g) of this
				  Part or for the initiation of a special proceeding.
(c) An application pursuant to
				  CPLR 1101(d) or (f) for waiver or reduction of the filing fee shall be made by
				  completing the affidavit supplied by the clerk's office and filing the
				  affidavit with the claim. The clerk's office will notify the claimant of the
				  court's decision by mail.
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 206 - Uniform Rules For The Court Of Claims › Section 206.6 - Contents of a claim or a notice of intention to file a claim; action for declaratory judgment

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) In addition to the requirements
				  prescribed by section
				  11 of the
				  Court of Claims Act, the claim or notice of intention to file a claim, shall
				  state the post office address of each claimant therein, and the name, post
				  office address and telephone number of the attorney for each
				  claimant.
(b) To the
				  extent required by Court of Claims Act section 11(b), there shall be included
				  in each claim, or attached thereto, a schedule showing in detail each item of
				  damage claimed and the amount of such item. Where claimant is proceeding upon
				  more than one cause of action, each additional cause of action shall be
				  separately stated and numbered.
(c) In all actions where a notice of
				  intention to file a claim has been served, the claim shall state the date of
				  service upon the Attorney General.
(d) Where the claim is for the temporary
				  or permanent appropriation of real property, it shall contain a specific
				  description of the property giving its location and quantity. The original and
				  all filed copies of such claim shall have annexed thereto a duplicate of the
				  official appropriation map or maps filed in the office of the commissioner of
				  the department involved in the taking, covering the property for which the
				  claim is filed.
(e) If
				  the claim is filed under a special statute, such statute shall be pleaded by
				  reference.
(f) Changes
				  in the post office address or telephone number of any attorney or pro se
				  claimant therefor shall be communicated in writing to the clerk within 10 days
				  thereof.
(g) Actions
				  for declaratory judgment, pursuant to section
				  9
				  (9-a) of the Court of Claims Act, shall be
				  commenced by the filing with the clerk and service upon the third-party
				  defendant of a notice of impleader, together with a third-party claim, in the
				  nature of a complaint, and all prior pleadings in the action. Such papers also
				  shall be served upon all other parties. Service upon the third-party defendant
				  shall be made in the same manner as service of a claim under section
				  11 of the
				  Court of Claims Act. The original third-party claim and two copies thereof
				  shall be filed with the clerk within 10 days of such service. Responsive
				  pleadings shall be served and filed in accordance with section
				  206.7 of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 206 - Uniform Rules For The Court Of Claims › Section 206.7 - Responsive and amended pleadings

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) Except in appropriation actions, the
				  defendant shall serve an answer to each claim; the defendant may include a
				  counterclaim in its answer, in which case the claimant shall serve a reply.
				  Except as extended by CPLR 3211(f), service of all responsive pleadings shall
				  be made within 40 days of service of the pleading to which it responds. The
				  original and two copies of each responsive pleading, together with proof of
				  service, shall be filed with the clerk within 10 days of such
				  service.
(b) Pleadings
				  may be amended in the manner provided by CPLR 3025, except that a party may
				  amend a pleading once without leave of court within 40 days after its service,
				  or at any time before the period for responding to it expires, or within 40
				  days after service of a pleading responding to it. Where a response to an
				  amended or supplemental pleading is required, it shall be made within 40 days
				  after service of the amended or supplemental pleading to which it responds. The
				  original and two copies of each amended or supplemental pleading or response
				  thereto, together with proof of service, shall be filed with the clerk within
				  10 days of such service.
(c) Stipulations between parties
				  extending the time limits herein shall be executed prior to the expiration of
				  such time limits, and shall be filed with the clerk within 10 days
				  thereafter.
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 206 - Uniform Rules For The Court Of Claims › Section 206.8 - Calendaring of motions; uniform notice of motion form

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be compliance with the
				  procedures prescribed in the CPLR for the bringing of motions. In addition, no
				  motion shall be filed with the court unless a notice of motion is served and
				  filed, with proof of service, with the motion papers.
(b) No motion relating to disclosure shall be
				  placed on the calendar without counsel for the respective parties first
				  conferring with the assigned judge. This subdivision shall not apply to
				  prisoner incarcerated person pro se claims.
(c) No motion by an attorney seeking to be
				  relieved as counsel for a party shall be placed on the calendar unless
				  initiated by order to show cause.
(d) The notice of motion shall read
				  substantially as follows:
STATE OF NEW YORK-COURT OF CLAIMS ________
A.B.,
______________________________________________
Claimant,
______________________________________________
- Notice of Motion
					 ________________________________________
- Claim No. ________________________________________
-against-
THE STATE OF NEW YORK,
- Name of Assigned Judge
					 ________________________________________
- Defendant.
					 ________________________________________
________
- Upon the affidavit of ________, sworn to on ________ 20
					 ________, and upon (list supporting papers if any), the ________will move this
					 court on the ________ day of ________, 20 ________, for an order (briefly
					 indicate relief requested).
The above-entitled action is for (briefly state nature of
					 action, e.g., personal injury, medical malpractice, etc.).
- (Print Name) Attorney[FN1] (or Attorney in charge of case
					 if law firm) for moving party ________________________________________
- Address: ________________________________________
- Telephone number:
					 ________________________________________
(e) The notice of motion set forth in
				  subdivision (d) of this section shall not be required for a motion brought on
				  by an order to show cause or an application for
ex parte
relief.
[FN1] If any party is appearing pro se, the
					 name, address and telephone number of such party shall be
					 stated.
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 206 - Uniform Rules For The Court Of Claims › Section 206.9 - Motion procedure

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) All motions relating to assigned
				  claims shall be returnable before the assigned judge and, unless otherwise
				  directed by the assigned judge, shall be made returnable at 9:30 a.m. on any
				  Wednesday designated by the judge's schedule for the calendaring of motions.
				  Motions relating to applications for permission to file a late claim, and any
				  other motions pertaining to an unassigned claim, shall be made returnable at
				  9:30 a.m. on any Wednesday at a special part of the court in the district in
				  which the claim arose or is then pending.
(b) Unless initiated by order to show
				  cause, the original and two copies of all motion papers with proof of service
				  annexed shall be filed in the clerk's office at least eight days before the
				  return date. The moving party shall also serve a copy of all affidavits and
				  briefs upon all other parties at the time of service of the notice of motion.
				  The answering party shall serve copies of all affidavits and briefs as required
				  by CPLR 2214(b) and file such copies in accordance with these rules.
(c) Unless oral argument has
				  been requested by a party and permitted by the court, or directed by the court,
				  motions shall be deemed submitted as of the return date. A party requesting
				  oral argument shall set forth such request in either the notice of motion or on
				  the first page of the answering papers. A party requesting oral argument on a
				  motion initiated by order to show cause shall do so as soon as practicable
				  before the motion is scheduled to be heard.
(d) Ex parte applications. Whenever any
				  party shall make an ex parte application to the court for an order, it shall be
				  the duty of the party making the application to present to the assigned judge
				  the proposed original order and to serve the adverse party with a true
				  conformed copy. The signed original order together with proof of service shall
				  be filed in the clerk's office.
(e) Submission of orders. Proposed orders
				  must be submitted for signature, unless otherwise directed, within 60 days of
				  the filing of the decision directing that the order be settled or submitted.
				  Failure to submit the order timely shall be deemed an abandonment of the
				  motion, unless for good cause shown.
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 206 - Uniform Rules For The Court Of Claims › Section 206.10 - Conferences

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) In all matters,
				  except appropriation claims and prisoner incarcerated person pro se claims, the
				  court shall order a preliminary conference as soon as practicable, but no later
				  than six months, after the action has been assigned.
(b) The court, in ordering a preliminary
				  conference, shall fix the date and time for the conference and notify the
				  parties. Except where a party appears pro se, an attorney thoroughly familiar
				  with the claim and authorized to act on behalf of the party shall appear at
				  such conference.
(c) The matters to
				  be considered at the preliminary conference shall include:
(1) simplification and limitation of factual
				  and legal issues, where appropriate;
(2) establishment of a timetable for the
				  completion of all disclosure proceedings, provided that all such procedures
				  must be completed within 18 months of the assignment of the claim to the judge,
				  unless otherwise shortened or extended by the court depending upon the
				  circumstances;
(3) settlement of
				  the claim; and
(4) any other
				  matters that the court may deem relevant.
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 206 - Uniform Rules For The Court Of Claims › Section 206.11 - Recording of civil depositions

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) When permitted. Depositions
				  authorized under the provisions of the CPLR or other law may be taken, as
				  permitted by CPLR 3113(b), by means of simultaneous audio and visual
				  (audiovisual) 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 audiovisual
				  recording makes compliance impossible or unnecessary, all rules generally
				  applicable to examinations before trial shall apply to audiovisual recording of
				  depositions.
(c)
				  Notice of taking depositions. Every notice or subpoena for the taking of an
				  audiovisual deposition shall state that it is to be recorded by audiovisual
				  means and the name and address of the operator and of the operator's employer,
				  if any. The operator may be an employee of the attorney taking the deposition
				  or of the Department of Law. Where an application for an order to take an
				  audiovisual 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 identified as a person authorized by statute to swear the
					 witness and shall swear the witness on camera.
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 206 - Uniform Rules For The Court Of Claims › Section 206.12a - Medical, dental and podiatric malpractice actions; settlement conference

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Settlement conferences.
(1) In
				  every medical, dental and podiatric malpractice action subject to this Part,
				  the court shall hold a settlement conference within 45 days after the filing of
				  the note of issue and certificate of readiness or, if a party moves to vacate
				  the note of issue and certificate of readiness and that motion is denied,
				  within 45 days after denial of the motion.
(2) Where parties are represented by
				  counsel, only attorneys fully familiar with the action and authorized to
				  dispose of the case, or accompanied by a person empowered to act on behalf of
				  the party represented, shall appear at the conference.
(3) Where appropriate, the court
				  may order parties, representatives of parties, representatives of insurance
				  carriers or other persons having an interest in any settlement to attend the
				  settlement conference in person, by telephone, or by other electronic
				  media.
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 206 - Uniform Rules For The Court Of Claims › Section 206.13 - Calendars

Current through Register Vol. 46, No. 28, July 10,
				  2024
A judge to whom claims are assigned under the individual
					 assignment system may establish such calendars of claims as the judge shall
					 deem necessary or desirable for proper case management. Judges to whom claims
					 are assigned pursuant to the individual assignment system may schedule calls of
					 any calendars they have established at such times as they may deem appropriate.
					 The Presiding Judge may schedule calls of any claim appearing on a public
					 construction contract calendar or prisoner incarcerated person pro se calendar
					 at such times as he or she may deem 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 206 - Uniform Rules For The Court Of Claims › Section 206.14 - 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 subject to the time limitation set forth in subdivision (b) of this
				  section, the defendant may serve on claimant a notice fixing the time and place
				  of examination. The notice shall name the examining medical provider or
				  providers. Claimant may move to modify or vacate the notice within 20 days of
				  the receipt thereof.
(b) At least 30 days before the date of
				  such examination, or on such other date as the court may direct, claimant shall
				  deliver to defendant the following, which may be used by the examining medical
				  provider or providers:
(1) copies
				  of the medical reports of those medical providers who have previously treated
				  or examined the claimant. 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 technicians' reports which will be offered at the
				  trial, including a description of the injuries sustained, a diagnosis and a
				  prognosis. Medical reports may consist of medical provider, workers'
				  compensation, or insurance forms that provide the information required by this
				  paragraph;
(2) duly
				  executed and acknowledged written authorizations permitting the defendant 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
				  claimant.
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 206 - Uniform Rules For The Court Of Claims › Section 206.15 - Default; restoration; dismissal

Current through Register Vol.
				  46, No. 28, July 10, 2024
Whenever a note of issue has been filed and
					 the claimant is not ready for trial or fails to appear for a scheduled trial
					 date, or if the assigned judge has directed that the claim be ready for trial
					 by a particular date and the defendant is ready to proceed with the trial but
					 the claimant is not so ready, the assigned judge, upon motion by the defendant
					 or upon the judge's own motion, may dismiss the claim unless sufficient reason
					 is shown why such claim should not be tried at that time. An order dismissing a
					 claim pursuant to this section or any section of this Part, or pursuant to the
					 Court of Claims Act or the CPLR shall not be vacated except upon stipulation of
					 all parties so ordered by the court or by motion on notice to all other
					 parties, supported by an affidavit showing sufficient reason why the order
					 should be vacated and the claim restored. Such application shall be made to the
					 judge who granted the order of dismissal unless he or she is no longer a member
					 of the court, in which event application shall be made to the presiding
					 judge.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 206 - Uniform Rules For The Court Of Claims › Section 206.16 - 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 clerk and to all parties not less than 15
				  days before the date assigned for trial. The notice must be signed by both the
				  attorney of record and the trial counsel and filed with the clerk.
(b) After trial counsel is
				  designated as provided above, no substitution shall be permitted unless the
				  substituted counsel is available to try the case when it is reached in regular
				  order. Written notice of such substitution shall be promptly filed with the
				  clerk and given to 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 206 - Uniform Rules For The Court Of Claims › Section 206.17 - Engagement of counsel

Current through Register Vol. 46, No. 28, July
				  10, 2024
No adjournment shall be granted on the ground
					 of engagement of counsel except in accordance with Part 125 of the Rules of the
					 Chief Administrator of the Courts (22 NYCRR Part 125).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 206 - Uniform Rules For The Court Of Claims › Section 206.18 - Entry of judgment

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Except as provided in subdivision (b)
				  of this section, the clerk shall enter judgment within 20 days of the filing of
				  a decision. Either party may submit a proposed judgment to the clerk within 15
				  days of said filing on five days' notice to the adverse party.
(b) Where an award is made in a
				  claim for the appropriation of real property or any interest therein, or for
				  any damages to real property, the Attorney General shall have 45 days after
				  filing of the decision to notify the clerk in writing whether any suspension of
				  interest under subdivision 4 of section
				  19 of the
				  Court of Claims Act is required. After said 45-day period, the clerk shall
				  enter judgment forthwith, unless a motion on notice has been made and filed
				  within said period to stay entry of judgment. Filing such a motion shall
				  temporarily stay entry of judgment pending the court's determination.
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 206 - Uniform Rules For The Court Of Claims › Section 206.19 - Bifurcated trials

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Judges are encouraged to order a
				  bifurcated trial of the issues of liability and damages in any action for
				  personal injury where it appears that bifurcation may assist in a clarification
				  or simplification of issues and a fair and more expeditious resolution of the
				  action.
(b) Where a
				  bifurcated trial is ordered, the issues of liability and damages shall be
				  severed and the issue of liability shall be tried first, unless the court
				  orders otherwise.
(c)
				  In the event of a claimant's judgment on the issue of liability or a
				  defendant's judgment on the issue of liability on a counterclaim, the damage
				  phase of the trial shall be conducted as soon as possible before the same
				  judge, unless the judge presiding over the trial, for reasons stated in the
				  record, finds such procedure to be impracticable.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 206 - Uniform Rules For The Court Of Claims › Section 206.20 - Sanctions

Current through Register Vol. 46, No. 28, July 10,
				  2024
The provisions of Part 130 of the Rules of the
					 Chief Administrator of the Courts shall be applicable to the Court of
					 Claims.
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 206 - Uniform Rules For The Court Of Claims › Section 206.21 - Appropriation claims; special rules

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) In an appropriation claim the
				  defendant is not required to serve or file an answer. All allegations in
				  appropriation claims are deemed denied, and issue is joined upon the completion
				  of filing of the claim and proof of service in the clerk's office.
(b) Appraisal reports. Within
				  six months from the date of completion of filing and service of a claim in an
				  appropriation case, the parties shall prepare and file with the clerk of the
				  court an original and three copies of the appraisal of each appraiser whose
				  testimony is intended to be relied upon at trial. Each appraisal shall set
				  forth separately the value of land and improvements, including fixtures, if
				  any, together with the data upon which such evaluations are based, including
				  but not limited to:
(1) the
				  before value and after value;
(2) direct, consequential and total
				  damages;
(3) details
				  of the appropriation;
(4) details of comparable sales;
				  and
(5) other factors
				  which will be relied upon at trial.
If all the details of comparable sales
					 required by section
					 16 of the
					 Court of Claims Act are included in the appraisals prescribed herein, such
					 shall be deemed compliance with section
					 16. Parties
					 should confine the use of notices under section 16 to sales or leases of
					 comparable property not reasonably ascertainable at the time of preparation of
					 their respective appraisals.
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 206 - Uniform Rules For The Court Of Claims › Section 206.22 - Small claims pursuant to article 6 of the Eminent Domain Procedure Law (EDPL); special rules

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) The hearing shall be conducted in an
				  informal and simplified manner as to do substantial justice between the parties
				  and to discover expeditiously the facts in order to determine a just result
				  according to the principles and rules of substantive law.
(b) The provisions of the EDPL,
				  the Court of Claims Act, the rules of this court and the CPLR shall apply to
				  small claims, so far as the same can be made applicable and are not in conflict
				  with the provisions of article 6 of the EDPL.
(c) An oath or affirmation shall be
				  administered to all witnesses. The court shall liberally construe statutory
				  provisions and rules of practice, procedure and pleading in connection with the
				  conduct of the hearing.
(d) When, at the hearing of a small
				  claim, the defendant has interposed a counterclaim, the court shall hear the
				  entire case, but the trial of the counterclaim shall be conducted as if it were
				  instituted separate and apart from said small claim.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 206 - Uniform Rules For The Court Of Claims › Section 206.23 - Public construction contract claims; special rules

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) All claims involving public
				  construction contracts shall contain separately captioned and numbered causes
				  of action. When utilized in a claim, detailed schedules of items of damage that
				  pertain to or are allied with a particular cause of action shall be made a part
				  of said cause of action.
(2) Where the claimant has accepted final
				  payment, the claim shall have attached to it a copy of the statement required
				  by section
				  145 of the
				  State Finance Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 206 - Uniform Rules For The Court Of Claims › Section 206.24 - Claims on submitted facts

Current through Register Vol. 46, No.
				  28, July 10, 2024
Whenever a claim is submitted to the court on
					 an agreed statement of facts, the claimant, within five days thereafter, shall
					 file a copy in the clerk's office, which shall be signed at the end by all
					 parties, together with a memorandum stating when and where the claim was
					 submitted and to which judge or judges. Each party, within the same time, shall
					 file in the clerk's office a list of all papers submitted by that party to the
					 court, which list shall sufficiently describe the papers so as to permit their
					 identification.
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 206 - Uniform Rules For The Court Of Claims › Section 206.25 - Official forms

Current through Register Vol. 46, No. 28, July
				  10, 2024
The Chief Administrator of the Courts may
					 adopt, amend and rescind official forms for use in the Court of
					 Claims.