(3) Upon application of any party upon such notice as the court in which the proceeding is pending shall direct, the court may, upon good cause shown, relieve a party of a default in filing a report, extend the time for filing reports, or allow an amended or supplemental report to be filed upon such conditions as the court may direct. These emergency applications shall receive a preference by the clerk for processing and the court for signature. (3) A hearing officer shall disqualify himself or herself from hearing a matter where a conflict exists as defined by the Public Officers Law or, with respect to small claims tax assessment review hearing officers, by subdivision 2 of section 731 of the Real Property Tax Law. An attorney admitted pro hac vice in an action, an unrepresented litigant, or a person who has been authorized in writing by an owner or owners of real property to submit a petition as provided in section 730 of the Real Property Tax Law and who has been licensed to engage in such business as required by the jurisdiction in which the business is operated (hereinafter "small claims assessment review filing agent") may also register as an authorized e-filing user, but solely for purposes of such action or, in the case of a small claims assessment review filing agent, solely for those proceedings under section 730 of the Real Property Tax Law in which he or she has been authorized to submit a petition. Upon the affidavit of_____, sworn to on _____, 19 _____, and upon (list supporting papers if any), the . (a) The court may direct plaintiff to produce a document stating clearly and concisely the issues in the case prior to the preliminary conference. (c) On the return of the application, the court may hear the matter forthwith or schedule the matter for later hearing if affidavits in opposition to the compromise show that the amount is grossly inadequate in view of the injuries involved, the potential monetary recovery against the third party and the possible exposure of the insuring body to future claims by the plaintiff- petitioner arising out of the same accident. produce a document stating clearly and concisely the issues asserted in the (3) Such notice shall be filed after the expiration of 60 days only by leave of the court on motion and for good cause shown. (c) Audit. (2) E-filing in an action after commencement. Oct. 7, 1999. If timely notification has been so given, such other individual shall instead be produced; (2) pursuant to CPLR 3106(d), a notice or subpoena that names a particular officer, director, member, or employee of the entity shall include in the notice or subpoena served upon such entity the identity, description or title of such individual; and. Rule 30. Further authorizations to examine and make copies of additional hospital records, other records, x-ray or other technicians' reports as provided in paragraph (b)(2) of this section must also be delivered with the medical reports. filed Feb. 16, 1988 eff. In all applications for such final order and judgment of registration, the applicant or petitioner must present to the court proof by affidavit that all the provisions of the law entitling the petitioner to such final order and judgment of registration have been complied with. The subject matter jurisdiction of the Commercial Division including both substantial monetary thresholds and carefully chosen case types (see 202.70[a] and [b]) is designed to ensure that it is the forum of resolution of the most complex and consequential commercial matters commenced in New Yorks courts. 6. All applications made to the court under section 428 of the Real Property Law shall also be made to the appropriate part or judge, upon eight days' notice to the city or county treasurer and all other parties who have appeared in the proceeding to recover for loss or damage or deprivation of real property out of the assurance fund provided for by law. (ii) The court may, in respect to objectionable material, instead of ordering its deletion, permit such material to be clearly marked so that the audio recording may be suppressed by the operator during the objectionable portion when the videotape is presented at the trial. (ii) In form, the judgment in such a special proceeding shall substantially conform to the model judgment set forth in Appendix B of this section. (7) Upon any application for an award of counsel fees or fees and expenses of experts made prior to the conclusion of the trial of the action, the court shall set forth in specific detail, in writing or on the record, the factors it considered and the reasons for its decision. review proceed. (b) Pre-Trial Conference. (e) The parties are encouraged to use the most efficient means to review documents, including electronically stored information (ESI), that is consistent with the parties disclosure obligations under Article 31 of the CPLR and proportional to the needs of the case. It is important that counsels discovery requests, (4) Application to amend the schedule shall be made by verified petition in which the amendment sought to be made shall appear in full, and such amendment shall be verified in the same manner as the original schedule. 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. (b) A request for judicial intervention shall be filed, without fee, for any application to a court not filed in an action or proceeding, as well as for a petition for the sale or finance of religious/not-for-profit property, an application for change of name or change of sex designation, a habeas corpus proceeding where the movant is institutionalized, an application under CPLR 3102(e) for court assistance in obtaining disclosure in an action pending in another state, a retention proceeding authorized by article 9 of the Mental Hygiene Law, a proceeding authorized by article 10 of the Mental Hygiene Law, an appeal to a county court of a civil case brought in a court of limited jurisdiction, an application to vacate a judgement on account of bankruptcy, a motion for an order authorizing emergency surgery, or within the City of New York, an uncontested action for a judgment for annulment, divorce or separation commenced pursuant to article 9, 10 or 11 of the Domestic Relations Law, and an application for an extreme risk protection order. Section 202.52 Deposit of funds by receivers and assignees. The Coordinating Justice, sua sponteor upon motion by any party, may terminate coordination, in whole or in part, if the Justice determines that coordination has been completed or that the purposes of this section can be best advanced by termination of the coordination. The length of the time slot allotted to each matter is solely in the discretion of the court. (c) Pre-trial Conference. An application for authority to continue the business of an assignor must be made upon duly verified petition and upon notice given to, or order to show cause served upon, the assignor, the assignee's surety and all creditors, secured, general or otherwise, of the assigned estate. Special masters shall serve without compensation. Oral Argument. The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and index number of the action in which they are filed, the judge's name and the name of the attorney or party submitting them. (a) Court documents may be transmitted to the courts of the unified court system by means of the electronic document delivery system (EDDS) only to the extent and in the manner provided in this section. (2) state with reasonable particularity the grounds for any objection to production. Upon receipt of an interlocutory document, the NYSCEF site shall automatically transmit electronic notification to all e-mail service addresses in such action. APPENDIX C. COMMERCIAL DIVISION SAMPLE CHOICE OF FORUM CLAUSES. No such party shall be compelled, directly or indirectly, to participate in e-filing. (e) Vacating Note of Issue. Settlements and Discontinuances. (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. Sec. A separate affidavit will be required explaining such stated cause of difference. As far as practicable, the application shall be brought in the county in which it arose. (2) Procedure. (iii) bringing such special proceeding against the respondent to invalidate the false filing or amendment of such financing statement. No more than three stipulated adjournments for an aggregate period of 60 days shall be submitted without prior permission of the court. Witnesses are to be scheduled so that trials proceed without interruption. (b) Medical, Dental and Podiatric Malpractice Preliminary Conference. A counterclaim or cross-claim which is not entitled to a preference shall not itself defeat the plaintiff's right to a preference under this section. The subject matter jurisdiction of the court, the pace of high-stakes commercial practice, the sophistication of the judiciary and the specialized rules of the Division require that the practicing bar be held rigorously to a standard of commitment and professionalism of the highest caliber. In each such round, before the board is to be passed to the other side, the board must be passed to all remaining parties within the side, in caption order, starting from the first party in the rotation for that round. (1) The deposition shall begin by one of the attorneys or the operator stating on camera: (ii) the name and address of the operator's employer; (iii) the date, the time and place of the deposition; and. (d) Assignment to the Commercial Division. General IAS Part 8, 80 Centre Street, Room 278 Part Clerk: Steven Carney, scarney@nycourts.gov, 646 Where appropriate, the order will contain specific provisions for means of early disposition of the case, such as (i) directions for submission to the alternative dispute resolution program, including, in all cases in which the parties certify their willingness to pursue mediation pursuant to Rule 10, provision of a specific date by which a mediator shall be identified by the parties for assistance with resolution of the action; (ii) a schedule of limited-issue discovery in aid of early dispositive motions or settlement; and/or (iii) a schedule for dispositive motions before disclosure or after limited-issue disclosure. Where a case is reasonably likely to include electronic discovery counsel shall, prior to the preliminary conference, confer with regard to any anticipated electronic discovery issues. The court shall consider the pro se status of any party in granting relief pursuant to this provision. Martha L. Luft Part 50. (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 the timeframes set forth in subdivision (b) of this section, unless otherwise shortened or extended by the court depending upon the circumstances of the case; (3) Where the court deems appropriate, it may establish the method and scope of any electronic discovery. 202.18 Testimony of court-appt expert witness in matrimonial action (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. (2) The matters to be considered at the conference may include, among other things: (i) applications for pendente lite relief, including interim counsel fees; (ii) compliance with the requirement of compulsory financial disclosure, including the exchange and filing of a supplemental statement of net worth indicating material changes in any previously exchanged and filed statement of net worth, and, including the number and length of depositions, the number of interrogatories, and agreement of the parties to comply with Guidelines on Electronically Stored Information. Counsel may be permitted to ask follow-up questions. Counsel shall comply with CPLR 2103(e). Before such filing, the proponent shall permit the other party to view the edited videotape. (d) Each statement of material fact by the movant or opponent pursuant to subdivision (a) or (b), including each statement controverting any statement of material fact, must be followed by citation to evidence submitted in support of or in opposition to the motion. Sec. . 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. (g) Inadvertent or unintentional production of ESI or documents containing information that is subject to the attorney-client privilege, work product protection, or other generally recognized privilege shall not be deemed a waiver in whole or in part of such privilege if the producing party (i) took reasonable precautions to prevent disclosure, and (ii) after learning of the inadvertent disclosure, promptly gave notice either in writing, or later confirmed in writing, to the receiving party or parties that such information was inadvertently produced and requests that the receiving party or parties return or destroy the produced ESI. (2) Attendance at MSC. (iii) identification of potentially relevant sources of ESI and whether the ESI is reasonably accessible; (vi) Self-represented litigants may submit handwritten applications provided that the handwriting is legible and otherwise in conformity with all applicable rules. The Panel may exclude particular actions from an otherwise applicable order of coordination when necessary to protect the rights of parties. (d) Result of Preference Being Granted. (6) The statement of expenditures shall be full and complete and the vouchers for all payments shall be attached to the account. (c) When may the EDDS be used. (7) Attorney malpractice actions except as otherwise provided in paragraph (b)(8). The moving party shall give written notice of the index number to all other parties immediately after filing of the papers. 202.24 Special preferences In any case where the interests of justice will not be promoted by service of such reports and delivery of such authorizations, an order dispensing with either or both may be obtained. Section 202.20-d Depositions of Entities; Identification of Matters. A. Virtual Evidentiary Hearing or Non-jury Trial. a financial account number, including a credit and/or debit card number, a bank account number, an investment account number, and/or an insurance account number (including a health insurance account number), except the last four digits or letters thereof. Upon such notice, or as otherwise required, the receiving party or parties shall promptly return or destroy all such material, including copies, except as may be necessary to bring a challenge before the Court. v. any of the documents or testimony in a matrimonial action protected by Domestic Relations Law section 235 or evidence sealed by the court in such an action which are attached as exhibits or referenced in the papers filed in any other civil action. (3) the time and manner of the filing of the written transcript of the record of all prior proceedings shall be determined by the Appellate Division to which the proceeding is transferred. (6) The Chief Administrator may authorize the establishment in any court or county or judicial district of a dual track system of assignment. Since then, they have served as the central rationale for the Divisions commitment to excellence in the administration of the rule of law in business in New York. Section 202.31 Identification of Trial Counsel. April 17, 1998. (l) Hearings or trials pertaining to temporary or permanent custody or visitation shall proceed from day to day conclusion. (5) Counsel shall exercise peremptory challenges outside of the presence of the Panel of prospective jurors. The transcript shall be filed by the plaintiff with the clerk of the court. Section 202.62 Payment of eminent domain award to other than the named awardee. Amended (c) on June 13, 2022, effective effective July 1, 2022. This procedure shall not supplant or diminish other available procedures for the recognition of judgments, decrees and orders under the law. (4) The parties shall engage in settlement discussions in good faith to reach a mutually agreeable resolution, including a loan modification if possible, consistent with CPLR Rule 3408(f) The court shall ensure that each party fulfills its obligation to negotiate in good faith and shall see that conferences not be unduly delayed or subject to willful dilatory tactics so that the rights of both parties may be adjudicated in a timely manner. An authorized e-filing user shall maintain his or her User ID and password as confidential, except as provided in paragraph (4) of this subdivision. (2) Payment of Fees. Historical Note a financial account number, including a credit and/or debit card number, a bank account number, an investment account number, and/or an insurance account number, except the last four digits or letters thereof..; and. 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