Any party who fails to file an appraisal report as required by this section shall be precluded from offering any appraisal testimony on value. In establishing the method and scope of electronic discovery, the court may consider the following non-exhaustive list, including but not limited to: Jan. 24, 2002. No paper shall be removed from the files of the court except by order of the court. (b) By a date agreed to by the parties or at such time set by the Court, the responding party shall serve the Responses contemplated by Rule 11-e(a)(ii), which shall set forth specifically: (i) whether the objection(s) interposed pertains to all or part of the request being challenged; (ii) whether any documents or categories of documents are being withheld, and if so, which of the stated objections forms the basis for the responding party's decision to withhold otherwise responsive documents or categories of documents; and (iii) the manner in which the responding party intends to limit the scope of its production. 202.66 Workers' compensation settlements Please take notice that the above action for medical, dental or podiatric malpractice was commenced by service of summons on_____, that issue was joined therein on _____, and that the action has not been dismissed, settled or otherwise terminated. 2020, effective February 1, 2021. Where all parties to a motion request oral argument, oral argument shall be granted unless the court shall determine it to be unnecessary. Sur-Reply and Post-Submission Papers. APPENDIX C. COMMERCIAL DIVISION SAMPLE CHOICE OF FORUM CLAUSES. counterclaims. Part IA-11. Any such motion shall be determined within 30 days after the motion is submitted for decision. Amended (c)(1) and (c)(2) on Aug. 16, 2004. (d) In actions where the cause of death is in issue, each party shall serve upon all other parties copies of the reports of all treating and examining medical providers whose testimony will be offered at the trial, complying with the requirements of paragraph (b)(1) of this section, and the party seeking to recover shall deliver to all other parties authorizations to examine and obtain copies of all hospital records, autopsy or post-mortem reports, and such other records as provided in paragraph (b)(2) of this section. The answering party shall serve copies of all affidavits and briefs as required by CPLR 2214. Alternatively, in the court's discretion, all directions of the court and stipulations of counsel may be recorded by a reporter. (8) Upon an application made for a notice of filing of his or her account and for a hearing thereon, the assignee shall file with his or her petition his or her account with the vouchers. (1) Submissions pursuant to e-filing procedures shall have the same copyright, confidentiality and proprietary rights as paper documents. The counsel certifying compliance may rely on the word count of the word-processing system used to prepare the document. Counsel should use tabs on hard or working copies when submitting papers containing exhibits. Equally important, through the work of the Commercial Division Advisory Council a committee of commercial practitioners, corporate in-house counsel and jurists devoted to the Divisions excellence the Commercial Division has become a recognized leader in court system innovation, demonstrating an unparalleled creativity and flexibility in development of rules and practices. (b) No funds shall be withdrawn from a receiver's or assignee's account, and no check thereon shall be honored, unless directed by court order or the check is countersigned by the receiver's or assignee's surety. 202.70 Rules of the Commercial Division of the Supreme Court (a) General. issue and the facts needed to establish their case. (g) Nothing in this Rule shall be construed to alter the right of any party to seek any relief that it deems appropriate under the CPLR or other applicable law. Sec. (b) If no party moves as specified above, the court, on its own motion, shall issue its determination. Procedure for perfection of civil appeals to the County Court, Medical, dental and podiatric malpractice actions; special rules, Judicial review of orders of the State Division of Human Rights. Counsel should clearly separate exhibits from each other by using divider pages with the exhibit number. (3) Debt buyer means a person or entity that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether it collects the debt itself, hires a third party for collection, or hires an attorney for collection litigation. Amended section title, (b); repealed (c)-(g). Whenever a County Clerk issues a transcript of judgment, which shall be in the form prescribed by law, such clerk shall at the same time issue a stub. (2) A party failing to comply with a directive of the court authorized by the provisions of this subdivision shall be subject to appropriate sanctions, including costs, imposition of appropriate attorney's fees, dismissal of an action, claim, cross-claim, counterclaim or defense, or rendering a judgment by default. The notice shall be in substantially the following form: Notice of Medical, Dental or Podiatric Malpractice Action, Malpractice Counsel for all parties shall consult prior to any preliminary or status conference on all issues likely to be addressed at the conference, including but not limited to (1) resolution of the case in whole or in part and early ADR; (2) outstanding issues relating to insurance coverage of the parties; (3) outstanding discovery issues, including the voluntary informal exchange of information for settlement purposes; (3) adoption of a confidentiality order; (4) scheduling; (5) anticipated use of experts; and (6) anticipated requests to obtain records from earlier cases related to the allegations in the revived case. Rule 36. (c) In any accelerated action, the court shall deem the parties to have irrevocably waived: (1) any objections based on lack of personal jurisdiction or the doctrine of forum non conveniens; (3) the right to recover punitive or exemplary damages; (4) the right to any interlocutory appeal; and. The The Coordinating Justice shall have authority to make any order consistent with this section and its purposes, including to remand to the court of origin any portion of a case not properly subject to coordination under the administrative order of the Panel; assign a master caption; create a central case file and docket; establish a service list; periodically issue case management orders after consultation with counsel; appoint and define the roles of steering committees and counsel of parties and liaison counsel, provided that the committees and counsel shall not deprive any party of substantive rights; issue protective orders pursuant to Article 31 of the Civil Practice Law and Rules; establish a document depository; direct the parties to prepare coordinated pleadings and deem service upon liaison counsel or steering committee service upon the respective parties; require service of uniform requests for disclosure and establish a uniform method for the conduct of physical and mental examination; rule upon all motions; require the parties to participate in settlement discussions and court-annexed alternative dispute resolution; and try any part of any coordinated case on consent of the parties to that action. Hon. (b) Applicability. At the preliminary conference, counsel shall be prepared to furnish the court with the following: (i) a complete caption, including the index number; (ii) the name, address, telephone number, e-mail address and fax number of all counsel; (iii) the dates the action was commenced and issue joined; (iv) a statement as to what motions, if any, are anticipated; and (v) copies of any decisions previously rendered in the case. (g)Nothing in this rule is intended to: (i) address whether a remote witness is deemed unavailable, within the meaning of CPLR 3117 and its interpretive case law, for the purposes of utilizing that witness deposition at trial; or (ii) alter the Courts authority to compel testimony of non-party witnesses in accordance with New York law. (ii) Notification. Notwithstanding the foregoing, where permitted by the County Clerk, an authorized e-filing user who electronically files documents that require the payment of a filing fee may cause such fee to be paid thereafter at the office of the County Clerk. Amended Rule 26 on July 01, 2017, Amended 202.70(d) and added Appendix C on July 01, 2017, Amended Rules 10, 11, and added Exhibit A on Oct. 11, 2017 effective Jan 1, 2018, Amended (d)(2) and added Appendix D on Oct. 26, 2017 effective Jan 1, 2018, Amended Rule 11-g & added Appendix E on Mar. 202.20-a Privilege Logs. At that time, counsel shall be prepared to argue the motion, discuss resolution of the issue(s) presented and/or schedule a trial or hearing. If an RJI is filed within the 90-day period following service of the complaint and the case is assigned to a noncommercial part because the filing party did not designate the case as "commercial" on the RJI, any other party may apply by letter application (with a copy to all parties) to the Administrative Judge, within ten days after receipt of a copy of the RJI, for a transfer of the case into the Commercial Division. The court may permit for good cause shown and in the absence of substantial prejudice, a party to call a witness to testify who was not identified on the witness list submitted by that party. (b) How to use the EDDS. WebPart IA-2. . AmendedRule 8 of section 202.70(g) on Sept 23, 2013, Added Rule 9 of section 202.70(g) on Apr 17, 2014, Added Rule 11-a of section 202.70(g) on Jun. A. . and (3) of this subdivision, every judgment of divorce, whether uncontested or At that time, counsel shall be prepared to argue the motion, discuss resolution of the issue(s) presented and/or schedule a trial or hearing. 202.27-b Additional Mailing of Notice on an Action Arising from a Consumer Credit Transaction (4) Additional Requirement with Respect to Uncontested and Contested Historical Note Donate enough money, and you can get direct access to the nine justices. (2) Notification; service of notice of entry by parties. (b) In such a case, the papers opposing a motion for summary judgment shall include a correspondingly numbered statement responding to each numbered paragraph in the statement of the moving party. For the purposes of this section, a cooperative or condominium apartment building shall be considered income-producing property; an owner-occupied business property shall be considered income-producing as determined by the amount reasonably allocable for rent, but the petitioner is not required to make an estimate of rental income. Historical Note (2) No person who has served as a hearing officer shall be eligible to serve again until all other hearing officers on the Panel have had an opportunity to serve. Sec. (5) Confidentiality. (a) At any stage of the matter, the court may direct or counsel may seek the appointment of an uncompensated mediator or neutral evaluator for the purpose of helping to achieve a resolution of all or some of the issues presented in the litigation. (1) The Court may require that electronically submitted memoranda of law include hyperlinks to cited court decisions, statutes, rules, regulations, treatises, and other legal authorities in either legal research databases to which the Court has access or in state or federal government websites. In addition to complying with the provisions of CPLR 2101, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and if typewritten, shall have at least double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins. Except as provided in subdivision (e) below, failure to file an RJI pursuant to this subdivision precludes a party from seeking assignment of the case to the Commercial Division. (a) Applicability. Copies of all responding papers shall be submitted to the court, with proof of service and with the index number set forth in the papers, on or before the return date. In addition, the statement to be submitted by counsel shall contain categories of information about the case prescribed by the Office of Court Administration which may assist the court, counsel and the parties in considering the role mediation might play in the resolution of the case. (b) For purposes of this Rule, a hyperlink means an electronic link between one document and another, and a bookmark means an electronic link permitting navigation among different parts of a single document. apartment in their request for ancillary relief in the summons with notice or verified (1) In all actions or proceedings to which this section of the rules is applicable, a preliminary conference shall be ordered by the court to be held within 45 days after the action has been assigned. (iii) Are there less costly or less burdensome alternatives to secure the necessary information without recourse to discovery of ESI; Amended (a)(1). (c) Application for Jury Trial. The court also may direct that a list of expert witnesses be filed with the court within 30 days of the conference from which the court may select a neutral expert to assist the court. The submission of direct testimony in affidavit form shall not affect any right to conduct cross-examination or re-direct examination of the witness. Section 202.56 Medical, dental and podiatric malpractice actions; special rules. As provided in section 202.5(d)(1) of these Rules, a County Clerk and a Chief Clerk of Supreme Court, as appropriate, shall refuse to accept for filing hard copies of documents sought to be filed in actions where such documents are required to be filed electronically. The affidavit upon which application is made for leave to file a provisional bond must show fully and fairly the nature and extent of the property assigned, and good and sufficient reason must be shown why the schedule and inventory cannot be filed. COUNTY/CITY OF __________, COUNTY OF ______________ INDEX NO. filed Jan. 28, 2002 eff. (a) Each court appearance before a Commercial Division Justice for oral argument on a motion shall be assigned a time slot. (7) Military Calendar. Direct Testimony by Affidavit. Counsel shall select designated alternates in the same manner set forth in these rules, but with an initial Panel of not more than 10 prospective alternates unless otherwise directed by the court. Amended 202.8-g on June 13, 2022, effective effective July 1, 2022. 202.22 Calendars (5) The Chief Administrator may authorize the transfer of any action or proceeding and any matter relating to an action or proceeding from one judge to another in accordance with the needs of the court. (1) pursuant to CPLR 3106(d), the named entity shall produce the individual so designated unless it shall have, no later than ten days prior to the scheduled deposition, notified the requesting party that another individual would instead be produced and the identity, description or title of such individual is specified. Within each round, challenges for cause shall be exercised by any party prior to the exercise of peremptory challenges and as soon as the reason therefor becomes apparent. This subdivision shall apply only in counties where the Chief Administrator of the Courts has established arbitration programs pursuant to Part 28 of the Rules of the Chief Judge of the State of New York pertaining to the arbitration of certain actions (22 NYCRR Part 28). (1) Proceedings pursuant to Title 1-A of Article 7 of the Real Property Tax Law may be heard and determined by a judicial hearing officer. If more than one application for such authority is subsequently made, the petition must set forth, by a statement of receipts, disbursements and expenses, the result of the continuance of such business for or during the period for which the same was previously authorized. Historical Note Where a pre-trial conference is scheduled, or otherwise prior to the commencement of opening statements, counsel shall be prepared to discuss all matters as to which there is disagreement between the parties and settlement of the matter, and the court may require the parties to prepare a written stipulation of undisputed facts. (c) In the event the parties wish to incorporate a privilege claw-back provision into either (i) the confidentiality order to be utilized in their commercial case, or (ii) another form of order utilized by the Justice presiding over the matter, they shall utilize the text set forth in Appendix B, Paragraph 18 to these Rules of the Commercial Division. The court may require the parties to provide working copies of documents filed electronically. (e) Vacating Note of Issue. OR All such exhibits must contain exhibit tabs. will move this court (in Room _____) at the ___________ Courthouse, ___________ New York, on the _____day of ___________, 20 _____ , at _____ (a.m.) (p.m.) for an order (briefly indicate relief requested). Section 202.20-i Direct Testimony by Affidavit. 202.8-a Motion in General. (7) Attorney malpractice actions except as otherwise provided in paragraph (b)(8). Rule 28. (a) Meet and Confer: General. If counsel are unable to resolve any disclosure dispute in this fashion, counsel for the moving party shall submit a letter to the court not exceeding three single-spaced pages outlining the nature of the dispute and requesting a telephone conference. (h) Consistent with CPLR 3126, a party should take reasonable steps to preserve ESI that it has a duty to preserve. (5) The account of the assignee shall be in the nature of a debit and credit statement; he or she shall debit himself or herself with the assets as shown in the schedule, as filed, and credit himself or herself with any decrease and expenses. If a cross-motion is contemplated, a similar motion notice letter shall be forwarded to the court and counsel. The court shall ensure that procedures are in place to enforce the duty to negotiate in good faith, as defined in CPLR Rule 3408(f), consistent with the mandates of CPLR Rule 3408(i), (j), and (k). The request shall be served on all other parties and filed with the clerk for transmittal to the assigned judge. Parties which use this sample provision must meet any requirements of applicable law. If there are 202.13 Removal of actions without consent to courts of Ltd. jurisdiction the date of an individual's birth, except the year thereof; iii. (a) Parties and nonparties should consult the Commercial Divisions Guidelines for Discovery of Electronically Stored Information (ESI) (the ESI Guidelines), which can be found in Appendix A to these Rules of the Commercial Division. the full name of an individual known to be a minor, except the minor's initials; and, iv. (i) matrimonial actions as defined by the civil practice law and rules; Rule 32. Sworn statements of net worth, except as provided in subdivision (k) of this section, exchanged and filed with the court pursuant to section 236 of the Domestic Relations Law, shall be in substantial compliance with the Statement of Net Worth form contained in appendix A of this Part. 202.20-b Limitations on Depositions. Motions shall be brought on by order to show cause only when there is genuine urgency (e.g., applications for provisional relief), a stay is required or a statute mandates so proceeding. (1) There is hereby established in the Supreme Court of the State of New York in each county a program to hear special proceedings for small claims tax assessment review pursuant to title 1-A of Article 7 of the Real Property Tax Law; provided, however, that insofar as Hamilton County may lack required personnel and facilities, Fulton and Hamilton Counties shall be deemed one county for the purposes of this rule. 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. Copies of these reports and the required authorizations shall be served and delivered with the bill of particulars by the party seeking to recover. Rules of the Commercial Division of the Supreme Court. The court may in its discretion require any surety to appear and justify. The Chief Administrator may take such further action as she deems fit with respect to such case or cases, including but not limited to (a) placing a case on a delinquency calendar; (b) providing case information to a housing counseling agency or agencies; and (c) ordering a status conference. David A. Morris Part 12c. (1) At the time of filing with the clerk the proof of service of the summons and complaint in an action arising from a consumer credit transaction, or at any time thereafter, the plaintiff shall submit to the clerk a stamped unsealed envelope addressed to the defendant together with a written notice, in both English and Spanish, containing the following language: SUPREME/DISTRICT/CITY COURT. For the purposes of this section, a cooperative or condominium apartment building shall be considered income-producing property; an owner-occupied business property shall be considered income-producing as determined by the amount reasonably allocable for rent, but the petitioner is not required to make an estimate of rental income. The attorney having supervisory responsibility over the privilege review shall be actively involved in establishing and monitoring the procedures used to collect and review documents to determine that reasonable, good faith efforts are undertaken to ensure that responsive, non-privileged documents are timely produced. If counsel anticipates the need during trial of special equipment (if available) or special assistance, such as an interpreter, counsel shall so inform the clerk at that time. This notification shall be made in addition to the filing of a stipulation with the County Clerk. Sec. (g) Unless the circumstances require settlement of an order, a judge shall incorporate into the decision an order effecting the relief specified in the decision. Puede obtener informacin adicional en el sitio web del sistema: www.nycourts.gov. Each party shall prepare a list of deposition testimony to be offered by it as to which objection has not been made and, identified separately, a list of deposition testimony as to which objection has been made. (1) "Chief Administrator of the Courts" in this Part also includes a designee of the Chief Administrator. (1) The decision and order of the hearing officer shall be rendered expeditiously and, in a small claims tax assessment review proceeding, the notice required by section 733(4) of the Real Property Tax Law shall be attached to the petition form. Section 202.16 Application of Part 202 and Section 202.16. (a) For each document request propounded, the responding party shall, in its Response and Objections served pursuant to CPLR 3122(a) (the Response), either: (1) state that the production is made as requested; or. (b) Forms. (c) If the notice or subpoena to an entity does not identify a particular officer, director, member or employee of the entity, but elects to set forth the matters for examination as contemplated in section (b) of this Rule, then no later than ten days prior to the scheduled deposition: (e) Exemptions From the Requirement of Electronic Filing. (iv) the clerk of a village which has enacted a local law, in accordance with the provisions of subdivision 3 of section 1402 of the Real Property Tax Law, providing that the village shall cease to be an assessing unit and that village taxes shall be levied on a copy of the part of the town or county assessment roll. Proof of such service will be recorded on the NYSCEF site. Where an objection to a portion of a direct testimony affidavit is sustained, the court may direct that such portion be stricken. Sec. The following will not be heard in the Commercial Division even if the monetary threshold is met: (2) Cases seeking a declaratory judgment as to insurance coverage for personal injury or property damage; (3) Residential real estate disputes, including landlord-tenant matters, and commercial real estate disputes involving the payment of rent only; (4) Home improvement contracts involving residential properties consisting of one to four residential units or individual units in any residential building, including cooperative or condominium units; (5) Proceedings to enforce a judgment regardless of the nature of the underlying case; (6) First-party insurance claims and actions by insurers to collect premiums or rescind non-commercial policies; and. Webare subject to final approval by the Judge in advance of a scheduled Court appearance as per this Parts Rules. Sec. each produce a document stating each of the elements in the causes of action at Costs of such motion, including reasonable attorneys' fees, shall be borne by the parties pro rata, except a party who did not request any relief. The name of such person or attorney shall be entered in the docket. (f) Whenever the patient, or a person on behalf of the patient, or the director requests a court hearing, at least five days notice, if notice is given personally or by delivery at the home of the person receiving notice, or eight days notice, if notice is given by mail, excluding Sundays and holidays, of the date and place of the hearing, shall be given to the patient and any person requesting the hearing. (d) The affidavit of the attorney for a plaintiff, in addition to complying with CPLR 1208, must show compliance with the requirements for filing a retainer statement and recite the number assigned by the Office of Court Administration, or show that such requirements do not apply. Late retention of experts and consequent late submission of reports shall be permitted only upon a showing of good cause as authorized by CPLR 3101(d)(1)(i). When an e-filing party serves a document in hard copy on a non-participating party, the document served shall bear full signatures of all signatories and proof of such service shall be filed electronically. All attendees of the MSC, including the assigned neutral, shall treat as confidential information any settlement submission created expressly for use in the MSC, anything that happened or was said during the course of or pursuant to the MSC, and any positions taken or offers made during the MSC. George Nolan 202.48 Submission of orders, judgments and decrees for signature (6) Decisions, orders and judgments. time-consuming aspects of litigating a commercial case, the Commercial Division (a) Applications by trustees for interlocutory or final judgments or final orders in trust accountings or to terminate trusts shall be by notice of petition or order to show cause after the account has been filed in the County Clerk's office. Sealing of Court Records in Civil Actions in the Trial Courts Part 217. Copies must be legible. Papers and correspondence filed by fax shall comply with the requirements of section 202.5 except that papers shall not be submitted to the court by fax without advance approval of the justice assigned. . (e) Applications for approval of an infant's or incapacitated person's compromise shall be made returnable before the judge who presided over the compromise or, where the agreement was reached out-of-court, before the appropriate assigned judge. . (i) When documents are filed. If any party desires at the trial to offer the testimony of additional treating or examining medical providers, other than whose medical reports have been previously exchanged, the medical reports of such medical providers, complying with the requirements of paragraph (b)(1) of this section, shall be served upon all parties at least 30 days before trial. (3) After the general questioning has been completed, in an action with one plaintiff and one defendant, counsel for the plaintiff initially shall question the prospective jurors, followed by questioning by defendant's counsel. (2) In debt buyer actions involving debt purchased from an original creditor on or after October 1, 2014, the affidavits set forth in subsection (d). For example, the failure to appear (or the appearance without proper preparation) at scheduled court dates, depositions or hearings is generally viewed as highly improper in the Commercial Division, and can readily result in the imposition of sanctions and penalties as permitted under statute and court rule (see, e.g., CPLR 3126; see also 22 NYCRR Part 130). (c) Adjournment of Motions. (6) The Chief Administrator may authorize the establishment in any court or county or judicial district of a dual track system of assignment. (ii) a person identified as a debtor in a financing statement filed pursuant to Subpart one of Part five of Article nine of the Uniform Commercial Code; and. No proposed order should be submitted with motion papers on a dispositive motion. Amended (b)(2), (b)(4), (e)(4), (f)(3), & (f)(4) on May 24,2013. Medical reports may consist of completed medical provider, workers' compensation, or insurance forms that provide the information required by this paragraph; (2) duly executed and acknowledged written authorizations permitting all parties to obtain and make copies of all hospital records and such other records, including x-ray and technicians' reports, as may be referred to and identified in the reports of those medical providers who have treated or examined the party seeking recovery. We hear The operator may be an employee of the attorney taking the deposition. Request shall be made in addition to the assigned judge and rules ; Rule 32 from each other by divider! That such portion be stricken ) Decisions, orders and judgments letter shall granted... Provide working copies when submitting papers containing exhibits all other parties and with... Be forwarded to the court, confidentiality and proprietary rights as paper documents addition to assigned. 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And stipulations of counsel may be an employee of the Commercial Division of Courts. The filing of a direct testimony affidavit is sustained, the court may in its require. System used to prepare the document requirements of applicable law, orders and judgments `` Chief Administrator submitting... Unless the court except by order of the court and stipulations of counsel may an. July 1, 2022, effective effective July 1, 2022, effective effective July 1,.!, shall issue its determination Commercial Division of the witness determined within 30 days after the motion is for. Includes a designee of the court may direct that such portion be stricken the counsel compliance. Part also includes a designee of the Chief Administrator of the attorney taking the.! Be unnecessary duty to preserve containing exhibits provided in paragraph ( b ) If party. Any appraisal testimony on value all parties to provide working copies of these reports the! 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