202 Abbreviated Flashcards
- § 200.2 COURT TERM & PARTS
PARTS: 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.
xx
- 203.3- Actions and proceedings shall be assigned to the judges of the court upon the
filing with the court of a __________ .
Assignments shall be made by the _______ pursuant to a method of random selection authorized by the Chief Administrator
xx
- 5 - The party causing the _______ to be filed shall communicate in writing the county clerk’s index number forthwith to all other parties to the action.
Thereafter such number shall appear on the outside cover and first page to the right of the caption of every paper tendered for filing in the action. Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper and, where the case has been assigned to an individual judge, shall contain the name of the assigned judge to the right of the caption.
first paper
202.5
Papers that are stapled or bound securely shall not be rejected for filing simply because they are not bound with a backer of any kind.
xx
- SUBMISSION OF PAPERS
▪ All papers for any judge shall be filed in the clerk’s office
▪ Shall be addressed to the judge – show nature of the papers, title and identification number of the accusatory instrument(s), assigned judge, the name of attorney or party submitting papers, and return date of any motion
xx
12.
202. 5 - the term “clerk of the court” shall mean the ______
county clerk.
- 5 - (d)(1) In accordance with CPLR 2102(c), a County Clerk and a chief clerk of the Supreme Court or County Court, as appropriate, shall refuse to accept for filing papers filed in actions and proceedings only under the following circumstances or as otherwise provided by statute, Chief Administrator’s rule or order of the court:
(i) The paper does not have an index number;
* *(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;
(iii) The paper sought to be filed with the County Clerk is filed in the wrong court;
(iv) The paper is not signed in accordance with section 130-1.1-a of the Rules of the Chief Administrator; or
(v) The paper sought to be filed: (A) is in an action subject to electronic filing pursuant to Rules of the Chief Administrator, (B) is not being filed electronically, and either (C) is not being filed by an unrepresented litigant who is not participating in e-filing, or (D) does not include the notice required by paragraph (1) of subdivision (d) of section 202.5-b of such Rules.
xx
- 5 - (2) A County Clerk or chief clerk shall signify a refusal to accept a paper by use of ______ on the paper indicating the date of the refusal and by providing on the paper the _____ for the refusal.
a stamp …. reason
a stamp …. reason
xx
- § 202.5-A FILING BY FAX (AMENDED 12/29/20, EFFECTIVE 2/1/21)
Papers (SHALL/SHALL NOT) be submitted by fax unless they have advance approval from judge assigned to case. Hard copy is not required unless requested. In the court’s discretion, counsel may be requested to submit memo of law by email or by flash drive along with an original and courtesy copy.
shall not
- § 202.5-B EFILING IN SUPREME COURT – CONSENSUAL PROGRAM
Filing by electronic means filing with anything other than ________ , such as computer or other machines. P
fax machines
- § 202.5-B EFILING IN SUPREME COURT – CONSENSUAL PROGRAM
A party served by electronic means shall, within _______ of service, provide the serving party or attorney with an electronic confirmation that the service has been affected. A party to be added in an action subject to e-filing shall be served with initiating documents in hard copy together with the notice of e-filing.
24 hours
- § 202.5-BB
All actions must be commenced through efiling EXCEPT:
▪ matrimonial actions
▪ election law proceedings
▪ article 70 or 78 of CPLR
▪ proceedings brought pursuant to the mental hygiene law;
▪ residential foreclosure actions
▪ proceedings related to consumer credit
transactions
xx
- 5b - A party who has not consented to participation shall file documents with the court and the County Clerk, and serve and be served with documents, in ________
hard copy.
- 5b - Where a document that was filed in hard copy is thereafter e-filed, the filing date recorded in NYSCEF shall be the date of (HARD COPY/EFILED) filing.
HARD COPY
- 5b - A party served by electronic means shall, within ______ of service, provide the serving party or attorney with an electronic confirmation that the service has been effected.
24 hours
- 5b - A party to be added in an action subject to e-filing shall be served with initiating documents in ________ together with the notice of e-filing.
hard copy
- 5bb – Mandatory program - A party served by electronic means shall, within ________ of service, provide the serving party or attorney with an electronic confirmation that the service has been effected.
24 hours
- 5bb - (d) County Clerk and Clerk of Court (MAY/MAY NOT) to Accept Hard Copies of Documents for Filing Where Electronic Filing Is Required.
MAY NOT
- § 202.6 REQUEST FOR JUDICIAL INTERVENTION (RJI)
▪ RJI’s are filed where there is no judge assigned
▪ Can be filed any time after service of process
▪ Can be with filed with:
▪ Order to Show Cause (OSC) ▪ Notice of Petition
▪ Motion ▪ Notice of Med Mal
▪ Note of Issue (NOI) ▪ Request for PC
▪ Application for ex-parte order ▪ Statement of Net Worth
xx
- § 202.6 REQUEST FOR JUDICIAL INTERVENTION (RJI)
In all counties of NY, when a RJI is filed the clerk shall require submission of a copy of the ___________ of the index number provided by the County Clerk, or a written statement of the County Clerk that an index number was purchased in the action. The clerk may require that a self-addressed and stamped envelope accompany the request for judicial intervention.
receipt of purchase
- **202.22- When a case is ready for trial counsel may arrange to be summoned by
telephone on ______ notice
one hour’s
- 202.27-b Additional Mailing of Notice on an Action Arising from a Consumer Credit
Transaction (Uniform Civil Rules for the Supreme Court and the County Court)
At the time of filing proof of service in a consumer credit action, 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. Notice basically informs defendant that a lawsuit has been filed against them. If they do not answer lawsuit, the court may enter a money judgment against them. Once judgment is entered it can be used against them for 20 years and it tells them what personal property and money can be used to collect such judgment. Also, that the judgment can affect their credit score, ability to rent a home, find a job or take out a loan.
The envelope shall be addressed to defendant where process was served. Return address shall be county clerk’s address. No default judgment shall be entered if defendant complied and at least _____ days have elapsed from the date of the mailing. If additional mailing comes back as undeliverable a default judgment cannot be entered unless this address matches defendant’s Certified abstract of driving record.
20
- **202.28- In any discontinued action the attorney for the defendant shall file a stipulation or statement of discontinuance with the county clerk within _____ DAYS of such discontinuance, or before the next scheduled court date, whichever is sooner
20
100. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Monetary threshold Albany County $50,000 Bronx County $75,000 Onondaga County $50,000 7th Judicial District $50,000 8th Judicial District $100,000 Queens County $100,000 Suffolk County $100,000 Westchester County $100,000 Kings County $150,000 Nassau County $200,000 New York County $500,000
xx
- § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
County/District
Within ____ days following service of the complaint, any party may seek assignment of a case to the Commercial Division by filing a RJI that attaches a completed Commercial Division RJI Addendum.
90
- § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
County/District
Rule 9….
In any matter proceeding through the accelerated process, all pre-trial proceedings, including all discovery, pre-trial motions and mandatory mediation, shall be completed and the parties shall be ready for trial within ____ months from the date of filing of a RJI.
9
- § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
County/District
With respect to telephone conferences, upon request of a party and if the court so directs, the parties shall agree upon and jointly submit to the court within __________ day(s) of the telephone conference a stipulated proposed order, memorializing the resolution of their discovery dispute. If the parties are unable to agree upon an appropriate form of proposed order, they shall so advise the court so that the court can direct an alternative course of action.
1 business
- § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
County/District
Rule 15: Adjournments on consent are allowed with the approval of the court for good cause where notice of the request is given to all parties. Adjournment of a conference will not change any subsequent date in the preliminary conference order, unless otherwise directed by the court.
xx
- § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
County/District
Adjournment of Motions: Dispositive motions (made pursuant to CPLR 3211, 3212 or 3213) may be adjourned only with the court’s consent. Non-dispositive motions may be adjourned on consent no more than ____ times for a total of no more than 60 days unless otherwise directed by the court.
3
- § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
County/District
Rule 34: Staggered court appearances are a mechanism to increase efficiency in the courts and to decrease lawyers’ time waiting for a matter to be called by the courts. Requests for adjournments or to appear telephonically must be e-filed and received in writing by the court by no later than _____ hours before the hearing.
48
All actions must be commenced through efiling EXCEPT:
RM MEAC
Residential foreclosure actions Mental hygiene Proceedings Matrimonial actions Election Law Proceedings Article 70 or 78 proceedings Consumer Credit Transaction Proceedings
- 5b - A party who has commenced an action electronically shall serve upon the other parties together with the initiating documents ______ in a form approved by the Chief Administrator.
a notice of e-filing
