UNFORM RULES 202 CIVIL COURT Flashcards by C P

§ 200.2 COURT TERM & PARTS
TERM: __-week sessions, ____ terms in a year

4… 13

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§ 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.

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3- There shall be established for all civil actions and proceedings heard in the Supreme Court and County Court an individual assignment system (IAS) which provides for the continuous supervision of each action and proceeding by a single judge.

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202.3 Exceptions to IAS:
The Chief Administrator may:
▪ limit amount of cases assigned to a judge with heavy caseload
▪ transfer cases from one judge to another
▪ reassign cases that require immediate to another judge
▪ authorize the establishment in any court of special categories of actions and proceedings, i.e. matrimonial actions, medical malpractice actions, tax assessment review proceedings, condemnation actions and actions requiring protracted consideration, for assignment to judges specially assigned to hear such actions or proceedings.
▪ authorize the assignment of 1 or more special reserve trial judges.
▪ 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.
▪ authorize the establishment in any court or county or judicial district of a dual track system of assignment. Under such system each action and proceeding shall be supervised continuously by the IAS judge until the note of issue and certificate of readiness have been filed and the pretrial conference, if one is ordered, has been held. The action or proceeding then may be assigned to another judge for trial in a manner prescribed by the Chief Administrator.

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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

request for judicial intervention (RJI) …… clerk of the court

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Section 202.5 Papers filed in court.

(a)(1) The party filing the first paper in an action, upon payment of the proper fee, shall obtain from the county clerk an index number, which shall be affixed to the paper.

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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

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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 ____ -inch margins.

one

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With the exception of exhibits and other printed forms, quotations, and names and addresses of the attorneys, papers shall be:
▪ one sided
▪ If typewritten – shall be double spaced between each line
▪ 8.5x11” paper size
▪ Font size 12 (footnotes no less than font size ____ )
▪ 1-inch margins

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.

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5 - (2) Each electronically-submitted memorandum of law, affidavit and affirmation, exceeding ______ , shall include bookmarks providing a listing of the document’s contents and facilitating easy navigation by the reader within the document.

4500 words

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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

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12.

202. 5 - the term “clerk of the court” shall mean the ______

county clerk.

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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.

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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

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202.5 Except in matrimonial actions, proceeding in surrogates, proceeding pursuant to Article 81 of Mental Hygiene Law, or as provided by rule, law or court order and whether or not a sealing order is or has been sought - Parties shall omit or redact confidential personal information (CPI) in papers submitted for filing.
CPI includes: Taxpayer identification number, date of birth (except _______ ), full name of minor (except minor’s initials), financial account numbers (i.e. credit/debit cards, bank accounts, investment accounts – except ______ )

Year …..last 4 numbers of account

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5 – The CPI redaction requirement does not apply to the last four digits of the relevant account numbers, if any, in an action arising out of a __________ , as defined in subdivision (f) of section one hundred five of the civil practice law and rules. In the event the defendant appears in such an action and denies responsibility for the identified account, the plaintiff may without leave of court amend his or her pleading to add full account or CPI by (i) submitting such amended paper to the court on written notice to defendant for in camera review or (ii) filing such full account or other CPI under seal in accordance with rules promulgated by the chief administrator of the courts.

consumer credit transaction

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§ 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

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§ 202.5-b - Papers submitted in digital format.
In cases not pending in the court’s Filing by Electronic Means System, the court may permit counsel to communicate with the court and each other by e-mail. Papers and correspondence filed by fax shall comply with the requirements of section 202.5 except that papers (SHALL/SHALL NOT)t be submitted to the court by fax without advance approval of the justice assigned. In the court’s discretion, counsel may be requested to submit memoranda of law by e-mail or by other electronic means, such as by a computer flash drive, along with an original and courtesy copy.

SHALL NOT

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§ 202.5-B EFILING IN SUPREME COURT – CONSENSUAL PROGRAM
Filing by electronic means filing with anything other than ________ , such as computer or other machines. Parties can initiate an action by filing initiating documents with the county clerk through NYSCEF. “NYSCEF” stands for New York State Courts Electronic Filing System. After starting an action, if parties consent to Efiling, documents may be electronically filed and served through Efiling. Consent to Efiling is obtained by serving a notice of Efiling.

fax machines

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§ 202.5-B EFILING IN SUPREME COURT – CONSENSUAL PROGRAM
An attorney admitted to practice in NY or his agent, attorney that is admitted pro hac, a pro se litigant, small claims assessment review agent or a person authorized to submit petitions can register for E-filing. Any authorized user must be issued a User ID and Password.

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§ 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

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§ 202.5-B EFILING IN SUPREME COURT – CONSENSUAL PROGRAM

An electronically filed document shall be considered to have been signed by, and shall be binding upon, the person identified as a signatory, if:
▪ it bears the physical signature of such person and is scanned into an electronic format that reproduces such signature; or
▪ the signatory has electronically affixed the digital image of his signature to the document; or
▪ it is electronically filed under the User ID and password of that person; or
▪ in a tax certiorari action; or
▪ in a small claims assessment review proceeding,
▪ it otherwise bears the electronic signature of the signatory in a format conforming to the standards and requirements established by the Chief Administrator

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§ 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 Emergency exemptions from efiling:
▪ the statute of limitations will expire on the day the documents are being filed or on the following business day; and the attorney, party or filing agent therefor is unable to electronically file such documents because of technical problems with their computer equipment or Internet connection.

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5b - (i) Consent of the parties required. After commencement of an action wherein e-filing is authorized, documents may be electronically filed and served, but only by, and electronic service shall be made only upon, a party or parties who have consented thereto.

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25. 202. 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.

26. 202. 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

27. 202. 5b - ***The filing of a consent to e-filing hereunder (SHALL/SHALLNOT) constitute an appearance in the action under CPLR 320.***

SHALL NOT

28. 202. 5b (iii) Emergency exception; other hard copy filings. Documents that are required to be filed and served electronically in accordance with this section or paragraph (1) of subdivision (c) of section 202.5-bb of these rules may nevertheless be filed and served in hard copy - where required by statute or court order, - where the document is an application that may by statute be presented without notice, or - provided the document is accompanied by the affirmation or affidavit of the filing attorney or unrepresented litigant stating that: (1) a deadline for filing and service fixed by statute, rule or order of the court will expire on the day the document is being filed and served or on the following business day; and (2) the attorney, filing agent therefor , or unrepresented litigant is unable to file and serve such document electronically because of technical problems with his or her computer equipment or Internet connection. In the event a filer shall file and serve documents in hard copy pursuant to this sub paragraph, each such document shall include the notice required by the immediately following sub paragraph, and the filer shall file those documents with the NYSCEF site within _________ thereafter.

three business days

29. 202. 5b - (ii) Notification. No later than the close of business on the business day following the electronic filing of a document, a notification, in a form prescribed by the Chief Administrator, shall be transmitted electronically by the NYSCEF site to the person filing such document and the e-mail service addresses of all other participating parties in such action.When documents initiating an action are filed electronically, the County Clerk shall assign an index number or filing number to the action and that number shall be transmitted to the person filing such documents as part of the notification. If, where permitted, payment is submitted after the initiating documents have been transmitted electronically, the County Clerk shall assign the number upon presentation of that payment.

30. 202. 5b – Correction: 2) following such notification, request that the appropriate County Clerk, exercising his or her administrative discretion, place the document temporarily in "restricted" status on the NYSCEF site, to be made available for viewing by court staff and the parties but not the general public; and (3) file an application to correct the filing by order to show cause within ____________ of such notification (or such time as the court may direct), including a request for preliminary injunctive relief limiting interim disclosure of the document at issue. Unless otherwise directed by the court, any document placed in restricted status in response to such a request shall be returned to public view upon expiration of this ________ period.

five business days......... five day

31. 202. 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

32. 202. 5b - (e) Signatures. (1) Signing of a document. An electronically filed document shall be considered to have been signed by, and shall be binding upon, the person identified as a signatory, if: (i) it bears the physical signature of such person and is scanned into an electronic format that reproduces such signature; or (ii) the signatory has electronically affixed the digital image of his or her signature to the document; or (iii) it is electronically filed under the User ID and password of that person; or (iv) in a tax certiorari action in which the parties have stipulated to this procedure, it is an initiating document that is electronically filed without the signature of the signatory in a form provided above in this subparagraph, provided that, prior to filing, the document is signed in full in hard copy (which hard copy must be preserved until the conclusion of all proceedings, including appeals, in the case in which it is filed); (v) in a small claims assessment review proceeding, it is a petition recorded by the NYSCEF site upon the filing of a text file as provided in subdivision (b)(1) of this section, provided that prior to filing, the document was signed in full in hard copy (which hard copy must be preserved until the conclusion of all proceedings in the matter, including article 78 review and any appeals, and must be made available during the proceeding upon request of the respondent or the court); or (vi) it otherwise bears the electronic signature of the signatory in a format conforming to such standards and requirements as may hereafter be established by the Chief Administrator.

33. 202. 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

34. 202. 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

35. 202. 5bb – Mandatory program - ***(2) Notwithstanding the foregoing, the Chief Administrator SHALL NOT eliminate the requirement of consent to participate in electronic filing in the following classes of cases: (i) matrimonial actions as defined by the civil practice law and rules; (ii) election law proceedings; (iii) proceedings brought pursuant to article 70 or 78 of the civil practice law and rules; (iv) proceedings brought pursuant to the mental hygiene law; (v) residential foreclosure actions involving a home loan as such term is defined in section 1304 of the real property actions and proceedings law other than actions commenced prior to September 1, 2017 in Erie, Essex, New York, Queens, Rockland, Suffolk and Westchester Counties; provided, however, the Chief Administrator may require that the initial filing of papers required for the commencement of such actions in any county, where made by a party represented by counsel, be electronically filed; and (vi) proceedings related to consumer credit transactions as defined in subsection (f) of section 105 of the civil practice law and rules other than proceedings commenced prior to September 1, 2017 in Erie, New York, Onondaga, Rockland and Westchester Counties; provided, however, the Chief Administrator may require that the initial filing of papers required for the commencement of such actions in any county, where made by a party represented by counsel, be electronically filed.

36. 202. 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

37. 202. 5bb – Mandatory program - 1) All documents to be filed and served electronically. Except as otherwise provided in this section, filing and service of all documents in an action that has been commenced electronically in accordance with this section shall be by electronic means.

38. 202. 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

40. Section 202.5-c Electronic Document Delivery System. For purposes of this section, “clerk of the court” shall mean the county clerk where the court is the Supreme Court or a County Court, and the chief clerk of the court where it is any other court.

41. § 202.5-C ELECTRONIC DOCUMENT DELIVERY SYSTEM “EDDS” (ADDED 12/1/20) Court documents may be transmitted to the court by EDDS. How to use EDDS, party must: • hHave a computer/electronic device that has internet, email, telephone #, a scanner or a device that will convert documents to electronic form • access website provided by court and select appropriate court, enter basic information about action or proceeding, upload documents in pdf format, and pay required fee.

42. Section 202.5-c Electronic Document Delivery System. EDDS cannot be used to transmit documents in a court action or proceeding in a court in a county in which consensual or mandatory e-filing is available in such an action or proceeding. Except that EDDS may be used in such a county for the purpose of: converting a pending action to e-filing, transmitting exhibits for a conference, hearing, or trial; or any other use as may be authorized by the Chief Administrator.

43. Section 202.5-c Electronic Document Delivery System. Documents filed with the use of EDDS shall not be deemed filed until the clerk has reviewed the documents and determined: that they are complete, that if applicable, required fee has been paid, that the documents include proof of service and that all other filing requirements have been satisfied.

44. § 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

45. § 202.6 REQUEST FOR JUDICIAL INTERVENTION (RJI) There are some situations that do not require the payment of a fee for an RJI, read the list. ▪ For a petition for the sale or finance of religious/not-for-profit property, ▪ An application for change of name or change of _______ , ▪ 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. ▪ An application not filed in an action or proceeding

sex designation

46. § 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

47. Section 202.8 Motion procedure. All motions shall be returnable before the assigned judge, and all papers shall be filed with the court on or before the return date. if no judge is assigned, then motions are made returnable before the court and a copy of the moving papers, together with a request for judicial intervention, shall be filed with the court, with proof of service upOn all other parties, where required by section 202.6 of this Part, within _________ of service upon the other parties

FIVE (5) DAYS

48. Section 202.8 Motion procedure. Stipulations of adjournment shall be in writing. No more than _________ adjournments for an aggregate period of _________ are allowed without permission of the court

THREE (3) …...... SIXTY (60) DAYS

49. Section 202.8 Motion procedure. Preliminary Conference- If not held when a motion is filed, then must be not more than __________ of the return date of the motion. At the conference the parties may sign an order agreeing to a timetable providing for the completion of disclosure within __________

FORTY FIVE (45) DAYS......... 12 months

50. Section 202.8-a Motion in General. (a) Form of Motion Papers. The movant shall specify in the notice of motion, order to show cause, and in a concluding section of a memorandum of law, the exact relief sought. Regardless of whether the papers are filed electronically or in hard copy or as working copies, counsel must submit as part of the motion papers copies of all pleadings and other documents as required by the CPLR and as necessary for an informed decision on the motion (especially on motions pursuant to CPLR 3211 and 3212). Counsel should use tabs on hard or working copies when submitting papers containing exhibits. Copies must be legible. If a document to be annexed to an affidavit or affirmation is voluminous and only discrete portions are relevant to the motion, counsel shall attach excerpts and submit the full exhibit separately. Documents in a foreign language shall be translated as required by CPLR 2101(b). Whenever reliance is placed upon a decision or other authority not readily available to the court, a copy of the case or of pertinent portions of the authority shall be submitted with the motion papers.

51. Section 202.8-a Motion in General. No proposed order should be submitted with motion papers on a _________ motion.

dispositive

52. Section 202.8-a Motion in General. (c) Adjournment of Motions. Unless the court orders otherwise, no motion may be adjourned on consent more than ___________ or for a cumulative total of more than __________

three times …....... 60 days.

53. Section 202.8-b Length of Papers. (a) Unless otherwise permitted by the court: (i) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to ________ each; (ii) reply affidavits, affirmations, and memoranda shall be no more than _________ and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief. (b) For purposes of paragraph (a) above, the word count shall exclude the caption, table of contents, table of authorities, and signature block.

7,000 words....... 4,200 words

54. Section 202.8-b Length of Papers. (c) Every brief, memorandum, affirmation, and affidavit shall include on a page attached to the end of the applicable document, a certification by the counsel who has filed the document setting forth the number of words in the document and certifying that the document complies with the word count limit. The counsel certifying compliance may rely on the word count of the word-processing system used to prepare the document.

55. Section 202.8-b Length of Papers. (d) The court may, upon oral or letter application on notice to all parties permit the submission of affidavits, affirmations, briefs or memoranda which exceed the limitations set forth in paragraph (a) above. In the event that the court grants permission for an oversize submission, the certification required by paragraph (b) above shall set forth the number of words in the document and certify compliance with the limit, if any set forth by the court.

56. * *Section 202.8-d Orders to Show Cause. Motions shall be brought on by order to show cause only when there is ______ (e.g., applications for provisional relief), a stay is required or a statute mandates so proceeding. See Section 202.8-e. Absent advance permission of the court, reply papers shall not be submitted on orders to show cause.

genuine urgency

57. Section 202.8-e Temporary Restraining Orders. Unless the moving party can demonstrate significant prejudice by reason of giving notice, or that notice could not be given despite a good faith effort to provide notice, a temporary restraining order should not be issued _______ . Unless excused by the court, the applicant must give notice of the time, date and place that the application will be made in a manner, and provide copies of all supporting papers, to the opposing parties sufficiently in advance to permit them an opportunity to appear and contest the application.

ex parte

58. § 202.8-f ORAL ARGUMENT (ADDED 12/1/20, EFFECTIVE 2/1/21) If court doesn’t adopt a procedure of its own then Any party may request oral argument of a motion by letter accompanying the motion papers. Notice of the date selected by the court shall be given, if practicable, at least ________ before the scheduled oral argument.

14 days

59. § 202.8-f ORAL ARGUMENT (ADDED 12/1/20, EFFECTIVE 2/1/21) Oral arguments may be conducted by __________ MEANS.

electronic means

60. § 202.8-g MOTIONS FOR SUMMARY JUDGMENT; STATEMENTS OF FACT (ADDED 12/1/20, EFFECTIVE 2/1/21) Upon any motion for summary judgment, other than a motion made pursuant to CPLR 3213, there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried. The papers opposing a motion for summary judgment shall include a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party and, if necessary, additional paragraphs containing a separate short and concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried. Each numbered paragraph in the statement of material facts required to be served by the moving party will be deemed to be admitted unless specifically controverted by a correspondingly numbered paragraph in the statement required to be served by the opposing party.

61. § 202.12 PRELIMINARY CONFERENCES A party may request a preliminary conference at any time after service of process. The request shall state: ▪ title of the action ▪ index number ▪ names, addresses + telephone numbers of all attorneys appearing in the action ▪ Nature of the action If the action has not been assigned to a judge, the party shall file a RJI together with the request for a preliminary conference. Court shall notify all parties of the scheduled conference date, which shall be not more than ________ from the date the RJI is filed unless the court orders otherwise. At this conference parties shall agree to a timetable for completion of discovery within _______ for a standard case, or within _________ for a complex case. At the end of the conference, the court shall make a written order including its directions to the parties as well as stipulations of counsel.

45 days....... 12 months....... 15 months

62. 202. 12(a)- Residential Mortgage Foreclosure Actions (Hot topic) At the time proof of service of the summons and complaint is filed, the plaintiff shall file a specialized request for judicial intervention applicable to residential mortgage foreclosure actions The defendants contact info or a copy of the RJI will be sent to a housing counseling agency for the purpose of making the homeowner aware of housing counseling and foreclosure prevention A notice scheduling a settlement conference to be held within __________ after the date of the filing of the RJI will be sent to the parties. The notice will state that the defendant must notify the court within _______ before the conference is scheduled as to their ability to attend The parties shall engage in settlement negotiations in good faith to reach a mutually agreeable resolution and bring all pertinent documents to the conference ***The plaintiff must file a notice of discontinuance and vacatur of lis pendens within ________ after any settlement agreement*** The chief administrator shall report to the governor no later than November 1st(right before election day...lol) of each year on the adequacy and effectiveness of settlement conferences

90 days...... SIXTY(60)DAYS..... Seven days

63. § 202.16 , § 202.16-a, § 202.16-b MATRIMONIAL ACTIONS This section shall apply to contested divorces. A signed copy of the attorney's retainer agreement with the client shall accompany the statement of net worth filed with the court, and the court shall examine the agreement to assure that it conforms to Appellate Division attorney conduct and disciplinary rules. ***Where substitution of counsel occurs after the filing with the court of the net worth statement, a signed copy of the attorney's retainer agreement shall be filed with the court within _____ of its execution. ****

10 days

64. § 202.16 , § 202.16-a, § 202.16-b MATRIMONIAL ACTIONS This section shall apply to contested divorces. RJI shall be filed with the court by the plaintiff no later than _______ from the date of service of the summons and complaint or summons with notice upon the defendant. If both parties file a notice of no necessity with the court, the RJI may be filed no later than _______ from the date of service of the summons and complaint or summons with notice upon the defendant. A Preliminary conference shall be ordered by the court to be held within _______ after the action has been assigned. Such order shall set the time and date for the conference and shall specify the papers that shall be exchanged between the parties.

45 days......... 120 DAYS.... 45 DAYS

65. § 202.16 , § 202.16-a, § 202.16-b MATRIMONIAL ACTIONS This section shall apply to contested divorces. These papers must be exchanged no later than ________ prior to the preliminary conference, unless the court directs otherwise: 1. statements of net worth, which also shall be filed with the court no later than 10 days prior to the preliminary conference; 2. all paycheck stubs for the current calendar year and the last paycheck stub for the immediately preceding calendar year; 3. all filed State and Federal income tax returns for the previous 3 years, including both personal returns and returns filed on behalf of any partnership or closely held corporation of which the party is a partner or shareholder; 4. all W-2 wage and tax statements, 1099 forms, and K-1 forms for any year in the past 3 years in which the party did not file State and Federal income tax returns; 5. all statements of accounts received during the past 3 years from each financial institution in which the party has maintained any account in which cash or securities are held; 6. statements immediately preceding and following the date of commencement of the matrimonial action pertaining to: ▪ any policy of life insurance having a cash or dividend surrender value; and ▪ any deferred compensation plan of any type or nature in which the party has an interest including, but not limited to, IRAs, pensions, profit- sharing plans, Keogh plans, 401(k) plans and other retirement plans.

10 days

66. § 202.16 , § 202.16-a, § 202.16-b MATRIMONIAL ACTIONS This section shall apply to contested divorces. NOTE OF ISSUE shall be filed within _________ of PRELIMINARY CONFERENCE.

6 months

67. § 202.16 , § 202.16-a, § 202.16-b MATRIMONIAL ACTIONS This section shall apply to contested divorces. Responses to demands for expert information pursuant to CPLR section 3101(d) shall be served within ________ following service of such demands. Each expert witness whom a party expects to call at the trial shall file with the court a written report, which shall be exchanged and filed with the court no later than _______ before the date set for trial, and any reply reports, shall be exchanged and filed no later than _________ before trial.

20 days....... 60 days..... 30 days

68. § 202.16 , § 202.16-a, § 202.16-b MATRIMONIAL ACTIONS This section shall apply to contested divorces. All OTSCs and motions or cross motions shall be submitted on one-sided copy except, or electronically where authorized, with 1” margins 8.5” x 11” paper with all additional exhibits tabbed. They shall be in Times New Roman font size 12 and double spaced. Self-represented litigants may submit handwritten applications provided that the handwriting is legible and otherwise in conformity with these rules.

69. § 202.16 , § 202.16-a, § 202.16-b MATRIMONIAL ACTIONS This section shall apply to contested divorces. The supporting affidavit or affidavit in opposition or attorney affirmation in support or opposition or memo of law shall not exceed 20 pages. Any attorney affirmation in support or opposition or memo of law shall contain only discussion and argument on issues of law except for facts known only to the attorney. Any expert affidavit required shall not exceed 8 additional pages. Any reply affidavits or affirmations to the extent permitted shall not exceed 10 pages. Sur-reply affidavits can only be submitted with prior court permission. All exhibits may not be greater than 3” thick without permission from the court. Exhibits must contain exhibit tabs

70. § 202.19 DIFFERENTIATED CASE MANAGEMENT (DCM) §202.12 AND §202.26 shall apply to the extent not inconsistent with this section. Preliminary Conference (PC) shall be ordered by the court to be held within _________ after the RJI is filed. At PC, the court shall designate discovery schedules: 1. Expedited--discovery to be completed within ________ ; 2. Standard--discovery to be completed within ________ ; 3. Complex--discovery to be completed within _______ .

45 days …... 8 months.... 12 months......... 15 months

71. § 202.19 DIFFERENTIATED CASE MANAGEMENT (DCM) §202.12 AND §202.26 shall apply to the extent not inconsistent with this section. ________ before the date fixed for completion of discovery, a compliance conference shall be held to monitor the progress of discovery, explore potential settlement, and set a deadline for the filing of the note of issue.

60 days

72. § 202.19 DIFFERENTIATED CASE MANAGEMENT (DCM) §202.12 AND §202.26 shall apply to the extent not inconsistent with this section. Pretrial Conference shall be held within ____ DAYS of the filing of the Note of Issue. At the pretrial conference, the court shall fix a date for the commencement of trial, which shall be no later than _______ weeks after the date of the conference.

180 …...... 8

73. * **202. 21- No action or special proceeding shall be deemed ready for trial or inquest unless there is first filed a note of issue accompanied by a certificate of readiness, with proof of service on all parties entitled to notice Filing of a note of issue and certificate of readiness is not required for an application for court approval of the settlement of the claim of an infant, incompetent or conservatee Within ______ days after service, the original note of issue, and the certificate of readiness where required, with proof of service where service is required, shall be filed in duplicate with the County Clerk Within ____ days after service of a note of issue and certificate of readiness, any party to the action or special proceeding may move to vacate the note of issue

10..... 20

74. * **202. 21 Change in Title of Action. In the event of a change in title of an action by reason of a substitution of any party, no new note of issue will be required. Notice of such substitution and change in title shall be given to the assigned judge and to the clerk within ____ days of the date of an order or stipulation affecting the party substitution or title change.

75. * **202. 21 Limited Specification of Damages Demanded in Certain Actions. Ina medical malpractice action or an action against a municipality seeking a sum of money only, where the party filing the note of issue is prohibited by the provisions of CPLR 3017(c) from stating in the pleadings the amount of damages sought in the action, the party shall indicate on the note of issue whether the amount of damages exceeds $______ exclusive of costs and interest. If it does not, the party shall also indicate if it exceeds $_________ , exclusive of costs and interest.

6,000,.... 2,000

76. 202.21 - (2) There shalt be a Unified Court System Uncontested Divorce Packet, which shall contain the official forms for use in uncontested matrimonial actions. The Packet shall be available in the office of the Clerk of the Supreme Court in each county, and the forms shall be filed with the appropriate clerk in accordance with the instructions in the Packet. These forms shall be accepted by the Court for obtaining an uncontested divorce, and no other forms shall be necessary. The Court, in its discretion, may accept other forms that comply with the requirements of law.

77. **202.22- A judge to whom cases are assigned under the individual assignment system may establish such calendars of cases, as the judge shall deem necessary or desirable for proper case management.

78. **202.22- PC CALENDAR

for the calendaring for conference of cases in which a note of issue and certificate of readiness have not yet been filed.

79. **202.22- MOTION CALENDAR

for the hearing of motions.

80. | * *202.22- GENERAL CALENDAR

for actions in which a note of issue and a certificate of readiness have been filed but which have not as yet been transferred to a pretrial conference calendar or a calendar containing cases that are ready for trial.

81. | * *202.22- PRETRIAL CONFERENCE CALENDAR

for actions awaiting conference after the note of issue and certificate of readiness have been filed.

82. | * *202.22- RESERVE CALENDAR

for actions that have had a pretrial conference or where such conference was dispensed with by the court, but where the actions have not yet been transferred to a ready calendar.

83. | * *202.22- READY CALENDAR

for actions in which a trial is imminent.

84. | * *202.22- MILITARY CALENDAR

for cases where a party to an action or a witness necessary upon the trial is in military service, and is not presently available for trial, and a deposition cannot be taken, or, if taken, would not provide adequate evidence.

85. | * *202.22- CONTINUOUS CALENDARS

in any court not continuously in session, the calendars at the close of one term shall be used to open the following term and actions on the calendars shall retain their positions.

86. **202.22- When a case is ready for trial counsel may arrange to be summoned by telephone on ______ notice

one hour’s

87. 202.27- At any scheduled call of a calendar or at any conference, if all parties do not appear and proceed or announce their readiness to proceed immediately or subject to the engagement of counsel, the judge may note the default on the record and enter an order as follows: 1. If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest 2. If the defendant appears but the plaintiff does not, the judge may dismiss the action and may order a severance of counterclaims or cross-claims 3. If no party appears, the judge may make such order as appears just

88. 202.27-a Proof of Default Judgment in Consumer Credit Matters (Uniform Civil Rules for the Supreme Court and the County Court) It requires certain affidavits to be filed as part of a default judgment application arising out of a consumer credit transaction. Here are some highlights: (c) Where the plaintiff is the original creditor, the plaintiff must submit the AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR. (d) Where the plaintiff is a debt buyer, the plaintiff must submit the AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF, the AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR and, if applicable, the AFFIDAVIT OF PURCHASE AND SALE OF ACCOUNT BY DEBT SELLER for each debt seller who owned the debt prior to the plaintiff. (e) In all applications for a default judgment arising from a consumer credit transaction, the plaintiff must submit the AFFIRMATION OF NON-EXPIRATION OF STATUTE OF LIMITATIONS executed by counsel. (i) The County Clerk or clerk of the court shall refuse to accept for filing a default judgment application that does not comply with the requirements of this section.

89. 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.

TWENTY (20)

90. * **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

91. § 202.33 CONDUCT OF THE VOIR DIRE All references to the trial judge in this section shall include any judge designated by the administrative judge in those instances where the case processing system Where the court has directed that jury selection begin, the trial judge shall meet prior to the actual commencement of jury selection with counsel who will be conducting the voir dire and shall attempt to bring about a disposition of the action. (Pre-Voir Dire Settlement Conference) Trial judge shall establish time limitations for the questioning of prospective jurors during the voir dire. In order to ensure an efficient and dignified selection process, the trial judge shall preside at the commencement of the voir dire and open the voir dire proceeding.

92. § 202.33 CONDUCT OF THE VOIR DIRE APPENDIX E I. General principles applicable to jury selection shall be governed by the following: ▪ If for any reason jury selection cannot proceed immediately, counsel shall return promptly to the courtroom of the assigned trial judge or the Trial Assignment Part or any other designated location for further instructions. ▪ Generally, a total of ______ jurors, including ____ alternates, shall be selected. ▪ All prospective jurors shall complete a background questionnaire supplied by the court in a form approved by the Chief Administrator and shall be made available to counsel. ▪ During the voir dire each attorney may state generally the contentions of his/her client, and identify the parties, attorneys and the witnesses likely to be called. **However, counsel may not read from any of the pleadings in the action or inform potential jurors of the amount of money at issue.** ▪ Counsel shall exercise peremptory challenges outside of the presence of the Panel of prospective jurors. ▪ Counsel shall avoid discussing legal concepts such as burden of proof. ▪ If an unusual delay or a lengthy trial is anticipated, counsel may so advise prospective jurors. ▪ After jury selection is completed, counsel shall advise the clerk of the assigned Trial Part or of the Trial Assignment Part or other designated part.

8........ 2

93. § 202.33 CONDUCT OF THE VOIR DIRE II. Methods of Jury Selection White's Method 1. Before seating prospective jurors in the juror box, counsel shall ask general questions to all of the jurors in the room to determine whether any prospective juror in the room has knowledge of the subject matter, the parties, their attorneys or the prospective witnesses. Counsel may exercise challenges for cause at this time. 2. After the general questions, jury selection shall continue in rounds, with each round to consist of the following: (1) seating prospective jurors in the jury box; (2) questioning of seated prospective jurors; and (3) removal of seated prospective jurors upon exercise of challenges. Jurors removed for cause shall immediately be replaced during each round. The first round shall begin initially with the seating of 6 prospective jurors (where undesignated alternates are used, additional prospective jurors equal to the number of alternate jurors shall be seated as well). 3. In each round, the questioning shall be conducted first by counsel for the plaintiff, followed by counsel for the remaining parties in the order in which their names appear in the caption. 4. Following questioning and the exercise of challenges for cause, peremptory challenges shall be exercised one at a time. 5. In subsequent rounds, the first exercise of peremptory challenges shall alternate from side to side. 6. At the end of each round, those seated jurors who remain unchallenged shall be sworn and removed from the room. The challenged jurors shall be replaced, and a new round shall commence. 7. The selection of designated alternate jurors shall take place after the selection of the 6 jurors.

94. § 202.33 CONDUCT OF THE VOIR DIRE Struck Method 1. Unless otherwise ordered by the Court, selection of jurors shall be made from an initial Panel of 25 prospective jurors, who shall be seated randomly and who shall maintain the order of seating throughout the voir dire. If fewer prospective jurors are needed due to the use of designated alternate jurors or for any other reason, the size of the Panel may be decreased. 2. Plaintiff’s counsel first shall ask general questions as in the White’s method and may exercise challenges for cause at this time followed by the remaining parties’ in the order they appear in caption. 3. After all prospective jurors in the Panel have been questioned, and all challenges for cause have been made, counsel for each party, one at a time beginning with counsel for the plaintiff, shall then exercise allowable peremptory challenges by alternately striking a single juror's name from a list or ballot passed back and forth between or among counsel until all challenges are exhausted or waived. 4. After all peremptory challenges have been made, the trial jurors (including alternates when non- designated alternates are used) then shall be selected in the order in which they have been seated from those prospective jurors remaining on the Panel. 5. The selection of designated alternate jurors shall take place after the selection of the 6 jurors. 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. The jury Panel number for designated alternate jurors shall be equal to the number of alternates plus the maximum number of peremptory challenges allowed by the court or by statute that may be exercised by the parties. The total number of peremptory challenges to alternates may be exercised against any alternate, regardless of seat

95. § 202.42 BIFURCATED TRIALS For Personal Injury cases: ▪ Liability and damages are tried separate. ▪ Liability shall be tried first unless court orders otherwise. ▪ During opening statements while the liability portion is going on attorneys may not discuss any question regarding damages. The damages portion shall be tried before the same jury unless court orders otherwise.

96. § 202.48 Proposed orders or judgments, with proof of service on all parties where the order is directed to be settled or submitted on notice, must be submitted for signature, unless otherwise directed by the court, within _____DAYS fter the signing and filing of the decision. Failure to submit the order or judgment timely shall be deemed an abandonment of the motion or action, unless for good cause shown.

97. § 202.48 When settlement of an order or judgment is directed by the court, a copy of the proposed order or judgment with notice of settlement, shall be served on all parties either: ▪ by personal service not less than ______ days before the date of settlement; or ▪ by mail not less than __________ days before the date of settlement

5.... 10

98. § 202.48 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 ___ days, ▪ or by mail, not less than _____ days, before the date of settlement.

2 …. 7

99. 202.56- Medical, dental and podiatric malpractice actions; special rules Within _______DAYS after joinder of issue by all defendants named in the complaint in an action for medical, dental or podiatric malpractice, the plaintiff shall obtain an index number and file a notice of such medical, dental or podiatric malpractice action with the appropriate clerk The court shall hold a settlement conference in accordance with CPLR 3409 within _____ days after the filing of the NOI and certificate of readiness. If a party moves to vacate the NOI and certificate of readiness and that motion is denied, then settlement conference shall be held within ______ days after denial of such motion

SIXTY (60) ….. 45..... 45

``` 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 ```

101. § 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.

102. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 2: If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the court by submission of a copy of the stipulation or a letter directed to the clerk of the part along with notice to chambers via telephone or e-mail. This notification shall be made in addition to the filing of a stipulation with the County Clerk.

103. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 4: In cases not pending in the New York State Courts Electronic Filing System, the court may permit counsel to communicate with the court and each other by e-mail. In the court’s discretion, counsel may be requested to provide a copy of any submitted papers as the court directs.

104. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 6: All papers submitted to the Commercial Division shall not be inconsistent with CPLR 2101 and section 202.5(a). Papers shall be double-spaced and contain print no smaller than 12-point, or 8½ x 11 inch paper, bearing margins no smaller than 1”. Each electronically- submitted memorandum of law and, where appropriate, affidavit and affirmation shall include bookmarks providing a listing of the document’s contents and facilitating easy navigation by the reader within the document.

105. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 7: A preliminary conference shall be held within ____ DAYS of assignment of the case to a Commercial Division justice, or as soon as is practicable. Except for good cause shown, no preliminary conference shall be adjourned more than once or for more than ____ days. If a Request for Judicial Intervention is accompanied by a dispositive motion, the preliminary conference shall take place within ____ days following the decision of such motion (if not rendered moot) or at such earlier date as scheduled by the justice presiding. Notice of the preliminary conference date will be sent by the court at least 5 days prior.

45.... 30.... 30... 30

106. § 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.

107. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 10: At the preliminary conference, counsel shall be prepared to furnish the court with the following: 1. a complete caption, including the index number 2. the name, address, telephone number, e-mail address and fax number of all counsel 3. the dates the action was commenced and issue joined 4. a statement as to what motions, if any, are anticipated 5. copies of any decisions previously rendered in the case

108. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 11: Discovery ….. The preliminary conference will result in the issuance by the court of a preliminary conference order. The order will also contain a comprehensive disclosure schedule, including dates for the service of third-party pleadings, discovery, motion practice, a compliance conference, if needed, a date for filing the note of issue, a date for a pre-trial conference and a trial date. The preliminary conference order may provide for such limitations of interrogatories and other discovery as may be necessary to the circumstances of the case.

109. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 11-a: Interrogatories are limited to _______ in number, including subparts, unless another limit is specified in the preliminary conference order. Interrogatories are limited to the following topics: ▪ name of witnesses with knowledge of information and material necessary to the subject matter of the action, ▪ computation of each category of damage alleged, ▪ and the existence, custodian, location and general description of material and necessary documents, including pertinent insurance agreements, and other physical evidence. At the conclusion of other discovery, and at least 30 days prior to the discovery cut-off date, interrogatories seeking the claims and contentions of the opposing party may be served unless the Court has ordered otherwise.

110. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 11-c: Parties and nonparties should adhere to the Commercial Division’s Guidelines for Discovery of Electronically Stored Information (“ESI”) from nonparties, which can be found in Appendix A to these Rules of the Commercial Division. Rule 11-d: Unless otherwise stipulated to by the parties or ordered by the court: ▪ the number of depositions taken by plaintiffs, or by defendants, or by third-party defendants, shall be limited to ___ and depositions shall be limited to __ hours per deponent.

10..... 7

111. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District **APPENDIX E If protected information is inadvertently produced, Producing party shall take reasonable steps to correct the error. Receiving party shall promptly return inadvertently produced info and destroy all copies thereof. **

112. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 13: Parties shall strictly comply with discovery obligations by the dates set forth in all case scheduling orders. If any party intends to introduce expert testimony at trial, no later than ____ days prior to the completion of fact discovery, the parties shall confer on a schedule for expert disclosure -- including the identification of experts, exchange of reports, and depositions of testifying experts -- all of which shall be completed no later than 4 months after the completion of fact discovery. The report must contain: ▪ a complete statement of all opinions the witness will express and the basis and the reasons for them ▪ the data or other information considered by the witness in forming the opinion(s) ▪ any exhibits that will be used to summarize or support the opinion(s) ▪ the witness's qualifications, including a list of all publications authored in the previous 10 years ▪ a list of all other cases at which the witness testified as an expert at trial or by deposition during the previous four years ▪ a statement of the compensation to be paid to the witness for the study and testimony in the case The NOI and certificate of readiness may not be filed until the completion of expert disclosure.

113. § 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

114. § 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.

115. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 16: Form of Motion Papers: The movant shall specify in the notice of motion, order to show cause, and in a concluding section of a memorandum of law, the exact relief sought. Counsel must attach copies of all pleadings and other documents as required by the CPLR and as necessary for an informed decision on the motion (especially on motions pursuant to CPLR 3211 and 3212). Counsel should use tabs when submitting papers containing exhibits. Copies must be legible. If a document to be annexed to an affidavit or affirmation is voluminous and only discrete portions are relevant to the motion, counsel shall attach excerpts and submit the full exhibit separately. Documents in a foreign language shall be properly translated. CPLR 2101(b).

116. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District No proposed order should be submitted with motion papers on a dispositive motion.

117. § 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.

118. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 17: Unless otherwise permitted by the court: 1. briefs or memoranda of law shall be limited to 25 pages each (7,000 words) 2. reply memoranda shall be no more than 15 pages (4,200 words) and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief 3. affidavits and affirmations shall be limited to 25 pages each (7,000 words)

119. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 18: Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits of a motion are not permitted. Exception: counsel may inform the court by letter of the citation of any post-submission court decision that is relevant to the pending issues, but there shall be no additional argument. Materials submitted in violation hereof will not be read or considered. Opposing counsel who receives a copy of materials submitted in violation of this Rule shall not respond in kind.

120. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 19: Motions shall be brought on by order to show cause only when there is: ▪ genuine urgency (i.e., applications for provisional relief) ▪ a stay is required or a statute mandates so proceeding. See Rule 20. Absent advance permission, reply papers shall not be submitted on orders to show cause.

121. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 20: Unless the moving party can demonstrate that there will be significant prejudice by reason of giving notice, a temporary restraining order will not be issued ex parte. The applicant must give notice, including copies of all supporting papers, to the opposing parties in sufficient time to permit them an opportunity to appear and contest the application.

122. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 22: Any party may request oral argument on the face of its papers or in an accompanying letter. Notice of the date selected by the court shall be given, if practicable, at least _____ days before the scheduled oral argument. 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.

123. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 24: In order to permit the court the opportunity to resolve issues before motion practice, and to control its calendar in the context of the discovery and trial schedule, pre-motion conferences must be held.

124. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 25: Counsel are expected to be ready to proceed either to select a jury or to begin presentation of proof on the scheduled trial date. Once a trial date is set, counsel shall immediately determine the availability of witnesses. If, for any reason, counsel are not prepared to proceed on the scheduled date, the court is to be notified within ______ days of the date on which counsel are given the trial date or, in extraordinary circumstances, as soon as reasonably practicable. ***There shall be no adjournment of a trial except for good cause shown. With respect to trials scheduled more than ____ days in advance, the actual engagement of trial counsel in another matter will not be recognized as an acceptable basis for an adjournment of the trial. ***

10...... 60

125. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 26: 10 days prior to trial or such other time as the court may set, the parties, after considering the expected testimony of and, if necessary, consulting with their witnesses, shall furnish the court with a realistic estimate of the length of the trial. The court may rule on the total number of trial hours which the court will permit for each party. The court in its discretion may extend the total number of trial hours as it may require.

126. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 27: The parties shall make all motions in limine no later than ______days prior to the scheduled pre-trial conference date, and the motions shall be returnable on the date of the pre-trial conference, unless otherwise directed by the court.

127. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 29 …..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. 10 days prior to trial, each party shall submit its list to the court and other counsel, together with a copy of the portions of the deposition testimony as to which objection has been made. The court will rule upon the objections at the earliest possible time after consultation with counsel.

128. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 30: Mandatory Settlement Conference (MSC): Unless exempted, parties in every case pending in Commercial Division must participate in court-ordered MSC following the filing of NOI. Following the filing of a Note of Issue, the parties must confer and file a request to proceed to a MSC pursuant to one of the following four tracks. Four Tracks: 1. The parties may agree to have a settlement conference before the assigned justice or another judge pursuant to Commercial Division Rule 3(b). 2. The court may refer the case to the Judicial Hearing Officer/Special Referee office for assignment of a Judicial Hearing Officer or Special Referee to conduct the MSC. 3. The court may refer the case to the ADR coordinator or other designated court official in the judicial district where the case is pending for assignment, at no charge to the parties, of a neutral selected from the roster of neutrals or mediators. If the parties wish to continue talks with the neutral beyond the initial conference, an arrangement will have to be made to retain such neutral at terms agreed to by the neutral and the parties. 4. The parties may agree to engage a private neutral. The MSC shall be attended by a person with knowledge of the case and authority to settle the case. All information presented in MSC shall be treated as confidential. Following MSC, parties will advise judge whether settlement was reached. If it was reached, the parties will provide the court with date parties expect to complete documentation of settlement. The MSC shall be attended by a person with knowledge of the case and authority to settle the case. Pre-trial Conference: At the pre-trial conference, counsel shall be prepared to discuss all matters as to which there is disagreement between the parties, including those identified in Rules 27-29, and settlement of the matter. At or before the pre-trial conference, the court may require the parties to prepare a written stipulation of undisputed facts.

129. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 31: If requested by the court, Counsel shall submit pre-trial memoranda such time as the court may set. Counsel shall comply with CPLR 2103(e). A single memorandum of more than ____ pages (7000 words) shall be submitted by each side. No memoranda in response shall be submitted. At the pre-trial conference or at such other time the court may set, counsel shall submit a copy trial exhibits for the court's use. Unless otherwise directed, the court’s individual part rules, plaintiff’s exhibits shall be tabbed numerically and defendant’s exhibits shall be tabbed alphabetically. Submissions that should be by hard copy in Word document 12 format, and submit a trial exhibit in an indexed binder or notebook. In paperless cases, counsel shall submit pre-trial memoranda, trial exhibits and requests to charge on a USB flash drive.

130. § 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.

131. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 35. Disclosure Statement. (A) Who Must File: Contents. A non-governmental corporate party and a non-governmental corporation that seeks to intervene must file a disclosure statement that: (1) identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or (2) states that there is no such corporation. (B) Time to File: Supplemental Filing. A party or a proposed intervenor must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court; and (2) promptly file a supplemental statement if any required information changes.

132. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 36 In the use of video technology it must enable: a party and the party’s counsel to communicate confidentially; documents, photos, and other things that are delivered to the court to be delivered to the remote participants; interpretation for a person of limited English proficiency; a verbatim record of the trial; and public access to remote proceedings.

133. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District Rule 37 & Appendix G The court may, upon the consent of the parties or upon a motion showing good cause, order oral depositions by remote electronic means. Considerations upon such a motion, and in support of a showing of good cause, shall include but not be limited to: 1. The distance between the parties and the witness, including time and costs of travel by counsel and litigants and the witness to the proposed location for the deposition; and 2. The safety of the parties and the witness, including whether counsel and litigants and the witness may safely convene in one location for the deposition; and 3. Whether the witness is a party to the litigation; and 4. The likely importance or significance of the testimony of the witness to the claims and defenses at issue in the litigation.

134. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District APPENDIX A: GUIDELINES FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION (“ESI”) FROM NONPARTIES The purpose of these Guidelines for Discovery of ESI from Nonparties (the “Guidelines”) is to: ▪ Provide for the efficient discovery of ESI from nonparties in Commercial Division cases; ▪ Encourage the early assessment and discussion of the potential costs and burdens to be imposed on nonparties in preserving, retrieving, reviewing and producing ESI given the nature of the litigation and the amount in controversy; ▪ Identify the costs of nonparty ESI discovery that will require defrayal by the party requesting the discovery; and ▪ Encourage the informal resolution of disputes between parties and nonparties regarding the production of ESI, without Court supervision or intervention whenever possible. ESI: includes any electronically stored information stored in any medium from which such information can be obtained, either directly or after translation by the responding party into a reasonably usable form. ESI Guidelines: 1. Subject to all applicable court rules regarding discovery, a party seeking ESI discovery from a nonparty and the nonparty receiving the request for ESI discovery are encouraged to engage in discussions regarding the ESI to be sought as early as permissible in an action. 2. A party seeking ESI discovery from a nonparty is encouraged to discuss with the nonparty any request that the nonparty implement a litigation hold. 3. A party seeking ESI discovery from a nonparty should reasonably limit its discovery requests. 4. The requesting party and the nonparty should seek to resolve disputes through informal mechanisms and should initiate motion practice only as a last resort. The requesting party and the nonparty should meet and confer concerning the scope of the ESI discovery, the timing and form of production, ways to reduce the cost and burden of the ESI discovery, and the requesting party’s defrayal of the nonparty’s reasonable production expenses. 5. The requesting party shall defray the nonparty’s reasonable production expenses in accordance CPLR 3111 and 3122(d).

135. § 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT County/District APPENDIX E: COMMERCIAL DIVISION PRIVILEGE CLAWBACK PROVISION In connection with their review of electronically stored information and hard copy documents for production (the "Documents Reviewed") the Parties agree as follows: ▪ to implement and adhere to reasonable procedures to ensure Documents Reviewed that are protected from disclosure pursuant to CPLR 3101(c), 3101(d)(2) and 4503 ("Protected Information") are identified and withheld from production. ▪ if Protected Information is inadvertently produced, the Producing Party shall take reasonable steps to correct the error, including a request to the Receiving Party for its return. ▪ upon request by the Producing Party for the return of Protected Information inadvertently produced the Receiving Party shall promptly return the Protected Information and destroy all copies thereof.

39. 202. 5bb - (5) Procedures applicable to e-filing attorneys and other persons. In any action in which an attorney or other person is exempt pursuant to this subdivision, all other attorneys, small claims assessment filing agents, unrepresented litigants, proposed intervenors, or others participating in e-filing and seeking relief from the court shall continue to be required to file and serve documents electronically, except that, whenever they serve documents upon a person who is exempt from having to file and serve documents electronically in accordance with this section, they shall serve such documents in hard copy, bearing full signatures, and shall file electronically proof of such service.

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 ```