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. 127, Uniform Civil Procedure Amendment Rule (No. 2007 SL No. Historical Note (check box if applicable). (f) Certification. Correspondence sent by fax should not be followed by hard copy unless requested. (b) Proposed Orders. (ii) The summons, complaint, petition, or judgment sought to be filed with the County Clerk contains an "et al" or otherwise does not contain a full caption; Short title 2. 162 s 5 (1)–(2), sch 3 def approved entity ins 315 s 10, ch 17A pt 1 hdg ins 162 s 2 sch; 237 s 3 sch, sub (xi) “Resource Center” shall mean the NYSCEF Resource Center, the e-filing help center available at 646-386-3033 or efile@nycourts.gov and through the NYSCEF site. Other (not itemized above) (specify), Indicate if this action is brought as a class action. of guardians w respect . 2010 SL No. Written notice of the date, time and place of the hearing shall be sent by mail by the hearing officer to the parties or their attorneys, if represented, at least 10 working days prior to the date of the hearing, except that in an electronically filed proceeding, such notice may be sent by e-mail to parties participating in e-filing; provided, however, failure to receive such notice in such period shall not bar the holding of a hearing. Section 202.36 Absence of attorney during trial. 2012 SL No. 127 s 44; 2011 SL No. The court shall also provide in such mailing a copy of the current Consumer Bill of Rights published by the New York State Department of Financial Services pursuant to RPAPL §1303-3-a. Except for good cause shown, the reports exchanged between the parties shall be the only reports admissable at trial. Except as provided in subdivision (b) of this section, in an action not yet assigned to a judge, the court shall not accept for filing a notice of motion, order to show cause, application for ex parte order, notice of petition, note of issue, notice of medical, dental or podiatric malpractice action, statement of net worth pursuant to section 236 of the Domestic Relations Law or request for a preliminary conference pursuant to section 202.12(a) of this Part, unless such notice or application is accompanied by a request for judicial intervention. The application may be granted only after the court reviews the finances of the parties and an application for attorney's fees. (7) any other matters that the court may deem relevant. Any person who intends to appear without a lawyer in a case revived under CPLR 214-g is advised to review the information set forth at http://www.nycourts.gov/courthelp/. Rule 19-a. 242 s 7, ch 17A pt 5 hdg ins 2011 SL No. (v) Except for affidavits of net worth (pursuant to 22 NYCRR §202.16 (b)), retainer agreements (pursuant to Rule 1400.3 of the Joint Rules of the Appellate Division), maintenance guidelines worksheets and/or child support worksheets, or counsel fee billing statements or affirmations or affidavits related to counsel fees (pursuant to Domestic Relations Law §237 and 22 NYCRR §202.16(k)), all of which may include attachments thereto, all exhibits annexed to any motion, cross motion, order to show cause, opposition or reply may not be greater than three (3) inches thick without prior permission of the court. SL No. Counsel may be permitted to ask follow-up questions. (f) A petition for the expenditure of the funds of an infant shall comply with CPLR Article 12, and also shall set forth: (1) a full explanation of the purpose of the withdrawal; (2) a sworn statement of the reasonable cost of the proposed expenditure; (4) the date and amounts of the infant's and parents' recovery; (6) the nature of the infant's injuries and present condition; (7) a statement that the family of the infant is financially unable to afford the proposed expenditures; (8) a statement as to previous orders authorizing such expenditures; and. Section 202.70 Rules of the Commercial Division of the Supreme Court. 289 s 28, pres sch 3 (prev sch 4) renum 193 s 14, amd (ii) The order of the Panel shall specify the number of Coordinating Justices and the county or counties in which the coordinated proceedings shall take place. A response from a juror that requires further elaboration may be the subject of further questioning of that juror by counsel on an individual basis. 2009 SL No. Since its inception, the Commercial Division has implemented rules, procedures and forms especially designed to address the unique problems of commercial practice. (a) Counsel shall submit pre-trial memoranda at the pre-trial conference, or such other time as the court may set. 1) (c) If the net amount obtained for the infant, or incapacitated person in any approved settlement does not exceed the amount set forth in CPLR 1206(b), the court may permit it to be paid pursuant to CPLR 1206(b). 2007 SL No. (g) Rules of practice for the Commercial Division. (c) The proposed order of reference, and the actual order of reference, shall indicate whether the reference is one to hear and determine or to hear and report. Definitions 1.3. The proponent of the videotaped deposition shall have the responsibility of providing whatever equipment and personnel may be necessary for presenting such videotape deposition. Submission of Information; Certification Relating to Alternative Dispute Resolution. (4) The administrative judge shall screen each applicant in conformance with the requirements set forth in section 731 of the Real Property Tax Law or section 19-152.3(d) of the Administrative Code of the City of New York, for qualifications, character and ability to handle the hearing officer responsibilities, and shall forward the names of recommended nominees, with a summary of their qualifications, to the Chief Administrator for appointment. (2) Generally, a total of eight jurors, including two alternates, shall be selected. Each party receiving the notification shall be responsible for accessing the NYSCEF site to obtain a copy of the document received. . 2000 SL No. (2) Proposed counter-orders or judgments shall be made returnable on the same date and at the same place, and shall be served on all parties by personal service, not less than two days, or by mail, not less than seven days, before the date of settlement. Counsel must consult with one another in a good faith effort to resolve all disputes about disclosure. In an action subject to e-filing, the County Clerk or his or her designee shall file orders and judgments of the court electronically and enter them. 202.20 [Reserved] Section 202.17 Exchange of medical reports in personal injury and wrongful death actions. . Electronic Filing in New York City Civil Court.. (a) Application. Rule 25. Such  depositions  can  be done either in person at the location of the deponent, a party or their counsel or in real time by any electronic video device; and. Initiating documents may be served in hard copy pursuant to Article 3 of the CPLR, or, in tax certiorari cases, pursuant to the Real Property Tax Law, and shall bear full signatures as required thereby, or by electronic means if the party served agrees to accept such service. (iii) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the court will either deny such requests or  order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final judgment. 2009 SL No. A preliminary conference shall be held within 45 days of assignment of the case to a Commercial Division justice, or as soon thereafter as is practicable. Sec. 2007 SL No. . Discovery disputes are preferred to be resolved through court conference as opposed to motion practice. . 127 s 31; 303 s 2 sch, amd (a)    All papers submitted to the Commercial Division shall not be inconsistent with CPLR 2101and section 202.5(a). 2010 SL No. State name, addresses and telephone numbers of counsel for all parties.

uniform civil procedure rules

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