UNIFORM RULES 208 NYC CIVIL Flashcards
1.
CALENDAR PART
Maintains and calls calendar of cases, and also used for the hearing and disposition of all motions and applications, including orders to show cause and applications for adjournments, in civil actions that have been placed on a reserve or ready calendar but not yet assigned to a trial part.
- MOTION
PART
For the hearing and determination of motions and applications that are not otherwise required by this Part to be made in a calendar part, trial part or conference part.
- TRIAL
PART
Trial of civil actions and for the hearing and determination of all motions and applications, including orders to show cause, made after an action is assigned to a trial part.
- CONFERENCE
PART
For the pre-calendar or pretrial conference of actions as may be provided by this Part or by order of the Chief Administrator.
- MULTIPURPOSE
PART
For the performance of the functions of a calendar part, a trial part, a motion part, a conference part, as well as other special parts of court, or any combination thereof.
6.
ADDITIONAL PARTS
Additional parts, including parts with special or limited functions, may be established from time to time by order of the Chief Administrator for such purposes as may be assigned by the Chief Administrator.
- The party that files first document shall obtain the index number.
From this point forward each cover and 1st page of every document filed shall contain:
▪ the index number to the right of the caption
▪ venue
▪ brief description of nature of paper
▪ proof of service
xx
- 208.4 - 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
▪ 1-inch margins
xx
208.4 - Confidential Personal Information (CPI) (MUST/MAY) be omitted or
redacted. CPI includes:
▪ Tax ID #s, SS #s, EMPLID #s (except: last 4 digits)
▪ Date of birth (except: year of birth)
▪ Full name of a minor (except: initials)
▪ Financial account #, including a credit/debit card #, a bank account #, an investment/insurance account # (except: last four digits or letters)
▪ Any document in a matrimonial action or evidence sealed by the court
MUST
- § 208.4-A ELECTRONIC FILING
A party may commence any action in civil court in any county by filing initiating documents through the NYSCEF site (provided that efiling has been authorized in that county). Required fee must be paid at time of filing. No later than the close of business day on following business day the person who filed initiating documents will receive a confirmation notice.
When a summary proceeding under RPAPL 7 is commenced electronically, NYSCEF shall provide petitioner with the option,
After commencement of an action wherein e-filing is authorized, documents may be electronically filed by, and electronically served by and upon, parties who have consented.
Parties shall not be required to submit working copies (hard copies) of documents filed electronically.
xx
- § 208.5 SUBMISSION OF PAPERS TO JUDGE
All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or at the clerk’s office. If clerk is not available, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity.
xx
- **§ 208.5 SUMMONS ***
(a) if this summons is served by its delivery to you personally within the City of New York, you must appear and answer within _______ days after such service; or
(b) if this summons is served by delivery to any person other than you personally, or is served outside the City of New York, or by publication, or by any means other than personal delivery to you within the City of New York, you are allowed ________ days after the proof of service thereof is filed with the Clerk of this Court within which to appear and answer.
- **§ 208.5 SUMMONS ***
TWENTY ……….. THIRTY
- **§ 208.5 SUMMONS ***
FOR CONSUMER CREDIT ACTIONS:
The summons shall have prominently displayed at the top thereof the words CONSUMER CREDIT TRANSACTION and an additional legend or caveat printed in not less than 12-point bold upper case type. This shall also be included and translated into Spanish.
Basis of venue: the county of residence of a defendant, if one resides within the State, and the county where the consumer credit transaction took place, if it is within the State.
xx
-
**§ 208.5 SUMMONS **
At the time of filing with the clerk the proof of service of the summons and complaint in an action arising from a consumer credit transaction, or at any time thereafter, the plaintiff shall submit to the clerk a stamped unsealed envelope addressed to the defendant together with a written notice, in both English and Spanish.
The clerk promptly shall mail to the defendant the envelope containing the additional notice. No default judgment based on defendant’s failure to answer shall be entered unless there has been compliance with this subdivision and at least ______ have elapsed from the date of mailing by the clerk.
20 days
- § 208.7 PLEADINGS
All pleadings shall comply with CPLR 30. Upon consent of parties, defendants time to answer pleadings shall be extended ______
10 days.
- § 208.8 VENUE
Motions for a change of venue shall be heard in the county of the court in which the action was instituted. An order of transfer shall direct the disposition of the papers then on file. The clerk shall not accept a summons for filing when it appears upon its face that the proper venue is another county. The clerk shall stamp the summons with the date of such rejection and shall enter the date of such rejection in a register maintained by him, together with the county in which the summons should be filed.
xx
- § 208.9 Plaintiff shall request a preliminary conference within ______ after joinder of issue. Clerk shall schedule it. A form of stipulation and order, prescribed by the Administrative Judge, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure. At PC the following shall be considered:
- simplification and limitation of factual and legal issues, where appropriate
- establishment of a timetable for the completion of all disclosure proceedings
- addition of any parties
- settlement of the action
- any other matters that the court may deem relevant
At the conclusion of the conference the court shall make a written order including its directions to the parties as well as any stipulations of counsel. No motions may be made before PC date.
45 days
18.
208 - If any person is appearing pro se, the name, address and telephone number of such party shall be stated.
xx
- 11 - **All contested motions and proceedings shall be returnable at _____ unless an earlier time is directed by the court. **
9:30 a.m.
- 11 - Motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the ________ . Where there is an issue of fact to be tried the court may, in its discretion, order an immediate trial of such issue.
return date
- § 208.13 At any time after joinder of issue and service of a bill of particulars, the party to be examined or any other party may serve on all other parties a notice fixing the time and place of examination. Examination shall be held between 30 - 60 days after service of the notice. Parties can object within _______ of receiving such notice.
At least 20 days before the date of such examination, the party to be examined shall serve upon and deliver to all other parties the following, which may be used by the examining medical provider:
▪ copies of the medical reports
▪ duly executed and acknowledged written authorizations permitting all parties to obtain and make copies of all hospital records
Copies of the reports of the medical providers making examinations shall be served on all other parties within _____ after completion of the examination.
10 days…… 45 days
- 208.13
copies of the reports of all treating or examining medical providers whose testimony will be offered at the trial.
The party seeking to recover shall deliver to all other parties authorizations to examine and obtain copies of all hospital records, autopsy or post-mortem reports, and any other records. Copies of these reports and the required authorizations shall be served and delivered with the bill of particulars by the party seeking to recover.
All other parties shall serve copies of the reports of their medical providers within 45 days.
In the event additional injuries are later claimed, the party shall serve supplemental reports within _______ of discovery and no later than ________ before trial.
30 days ….. 30 days
- § 208.14 CALENDAR DEFAULT; RESTORATION; DISMISSAL
At any scheduled call of a calendar or at a pretrial conference, if all parties do not appear, the judge presiding may note the default on the record and enter an order as follows: - If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest.
- 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.
- If no party appears, the judge may strike the action from the calendar.
xx
- 208.14 -
Actions stricken from the calendar may be restored to the calendar only upon stipulation of all parties so ordered by the court or by motion on notice to all other parties, made within ________ after the action is stricken.
1 year
- § 208.14-A PROOF OF DEFAULT JUDGMENT IN CONSUMER CREDIT MATTERS
Consumer Credit defaults require:
▪ Affidavit of Facts by Original Creditor (effective 10/1/14);
▪ Affidavits of Purchase of Account by Debt Buyer Plaintiff (verified complaint may be used in lieu thereof), Sale of Account by Original Creditor, Affidavit of Purchase/Sale by Debt Seller (for previous debt buyers);
▪ Affidavit of Non-Expiration of Statute of Limitations executed by counsel.
The above listed Affidavits must be supported by exhibits, including credit card agreement, bill of sale or assignment, date of last payment, balance due at time of sale.
The Affidavits may be supplemented but may not be combined. County Clerk (SHALL/SHALL NOT) refuse to accept filing of default judgments lacking necessary paperwork.
SHALL
- § 208.16 In any discontinued action, the attorney for the plaintiff shall file a stipulation or statement of discontinuance with the clerk of the court within _______ of such discontinuance. If the action has been noticed for judicial activity within ______ of such discontinuance, the stipulation or statement shall be filed before the date scheduled for such activity.
….. 20 days
- § 208.17 Within _______ after service of such notice of trial, any party may move to strike the action from the calendar or to keep it from being placed. Where a party filing a notice of trial, in a medical malpractice action or an action against a municipality, seeking a sum of money only, the party shall indicate in the notice of trial 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. Certificate of readiness shall be completed.
20 days………$6,000,……..$2,000,
28.
GENERAL CALENDAR
for actions in which issue has been joined.
29.
PC CALENDAR
or the calendaring conference of cases after issue has been joined for specific classes of cases
- PRETRIAL
CONFERENCE
CALENDAR
for actions awaiting conference in a pretrial conference part
31.
RESERVE CALENDAR
RESERVE CALENDAR
for actions in which a notice of trial and a certificate of readiness have been filed.
32.
READY CALENDAR
for actions in which a trial is imminent.
33.
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.
- 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.
- When actions are advanced from one calendar to another they shall progress from the head of one calendar to the _______ of the next calendar.
foot
- § 208.19 A notice shall be published in a law journal designated by the Chief Administrator of the Courts of any and all calls of the reserve calendars at least ____ court days before such call.
five
- § 208.21 Any other party may file opposing papers to special preference:
▪ Within _____ of notice of trial + motion for special preference
▪ OR _______ of service of motion for special
preference Rebuttal must be filed with 5 days.
20 days ……. 10 days
- § 208.23 CALL OF RESERVE, READY AND GENERAL CALENDARS
There shall be a call of actions on the reserve calendars in sequence and in sufficient number to insure a steady supply of cases to the ready calendar.
When such a call is held, the actions thereon, if marked “ready,” action shall be added to the ready calendar, or may be marked “disposed” or stricken from the calendar.
Actions on the ready calendar shall be called in order and shall be announced “ready,” “ready subject to engagement,” or “disposed.” If the inability to proceed to trial is expected to exceed 10 days, the action shall be returned to the reserve calendar or stricken from the calendar as circumstances warrant.
Actions announced “ready” on the call of the calendar shall be assigned in order to the available trial parts.
When an action has been announced “ready” but no part is immediately available, counsel may arrange with the calendar judge to be summoned by telephone. At such time or times and in such manner as the Chief Administrator may direct, a call shall be made of all actions on the general calendar not reached on a ready calendar.
xx
- § 208.24 Applications for a day certain for trial shall be made to the calendar judge. If no calendar part has been established, to the trial judge on an affidavit of the attorney or a stipulation of the attorneys for all parties. If a day certain is ordered, the action shall be withheld from the ready calendar until that day, at which time it shall appear at the top of the ready calendar.
xx
40.
§ 208.25 No adjournment shall be granted on the ground of engagement of counsel.
xx
- § 208.27 The following papers, if not yet submitted, shall be submitted to the court by the party who has filed the notice of trial:
- copies of all marked pleadings
- a copy of any statutory provision, in effect at the time the cause of action arose upon which either the plaintiff or defendant relies
- a copy of the bill of particulars, if any
xx
- § 208.28 All trial counsel shall remain in attendance at all stages of the trial until the jury retires to deliberate unless excused by the judge. The court may permit counsel to leave, provided counsel remain in telephone contact with the court. Any counsel not present during the jury deliberation waives any irregularity in proceedings taken in his or her absence.
xx
- **§ 208.29 A traverse hearing is a scheduled hearing to determine whether process was served validly and timely upon a party. In a traverse hearing the process server will testify as to the service and will bring to the hearing all records in his possession to the matter at issue. Where the process server is licensed, he also shall bring the license to the court.
xx
- § 208.31 An action, in which there has been an inability by a jury to reach a verdict, a mistrial or a new trial granted by the trial judge or an appellate court, shall be restored to the ready calendar by filing a notice with the appropriate clerk.
xx
- § 208.33 Proposed orders or judgments must be submitted for signature, unless otherwise directed by the court, within______ after the signing and filing of the decision directing that the order be settled or submitted.
xx
- 208.33 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 5 days before the date of settlement
- by mail not less than 10 days before the date of settlement
Proposed counter orders or judgments shall be served on all parties by personal service not less than 2 days, or by mail, not less than 7 days, before the date of settlement.
xx
- § 208.35 BIFURCATED TRIALS
▪ 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.
xx
- § 208.37 An execution may not be issued against:
▪ any party who has appeared by an attorney in an action or proceeding unless a copy of the judgment has been duly served upon the attorney for such party Original
▪ any party who has appeared in person in any action and who defaults in answering either the original or an amended or supplemental complaint, unless a copy of the judgment has been duly served upon such party personally or mailed to such party, by certified mail.
xx
49.
§ 208.38 A notice of appeal shall not be accepted for filing without __________ upon all parties.
proof of service
- § 208.39 PROCEDURES FOR THE ENFORCEMENT OF MONEY JUDGMENTS UNDER CPLR 52 All subpoenas or other process shall be filed with the clerk of the appropriate motion part, with proper affidavits of service, at least 2 court days before the return day. EXCEPTION: where service was made too late for filing within such time, filing shall be made before the hour of the return date.
There shall be no more than two adjournments of the examination of a judgment debtor or other person, including a garnishee.
xx
- Every subpoena or other process shall have endorsed on its face, in bold type, the words: “This subpoena or process (as the case may be) requires your personal appearance at the time and place specified. Failure to appear may subject you to fine and imprisonment for contempt of court.”
xx
- § 208.41 SMALL CLAIMS PROCEDURE
A small claims action shall be instituted by a plaintiff or someone on his behalf paying the filing fee (___for claims of $1,000 or less; and ______ for claims above $1,000), and by supplying to the clerk the following information: - plaintiff’s name and residence address
- defendant’s name and place of residence, or place of business or employment
- the nature and amount of the plaintiff’s claim, giving dates and other relevant information
The clerk shall reduce this information to a written statement on a form. The statement shall be in nontechnical, concise and simple language, and shall be signed by the person who supplied the information.
$15.00…….. $20
- § 208.41 SMALL CLAIMS PROCEDURE
_________ days after the action is recorded, the clerk shall send to the defendant by ordinary first class mail and by certified mail, return receipt requested, a signed notice bearing the seal of the court. Clerk shall record the date on which the notice was mailed and the address, the date of delivery shown by the return receipt and the name of the addressee or agent signing the receipt. If service of notice cannot be effected upon the defendant within 4 months following the date on which the action was first started, the action shall be dismissed without prejudice.
5
- § 208.41 SMALL CLAIMS PROCEDURE
There May be Arbitration of Any Small Claims Controversy.
The arbitrator shall make an award in writing and file the same forthwith, together with his or her opinion, if any, with the clerk of the small claims part.
Unless both parties file a request in writing not to enter judgment, the clerk shall, within ______ days after the filing of the award, enter judgment in accordance therewith, provided the award has been filed within 30 days from the date of filing the consent.
The time within which the clerk shall enter judgment may be extended by a stipulation in writing for a further period not to exceed _______ days.
2….. 30
- § 208.41-a A commercial claims action may be:
- a corporation, including a municipal or public benefit corporation, partnership, or association, which has its principal office in NYC
- an assignee of any commercial claim
xx
- § 208.41-a
***Commercial Claim - Action is commenced with the filing of Notice of Claim and its filing fee.
xx
- § 208.41-a
Within \_\_\_\_\_\_ days after the SMALL CLAIMS action is filed, the clerk shall send to the defendant by ordinary first class mail and by certified mail, return receipt requested, a signed notice bearing the seal of the court. If, after the expiration of 21 days (30 days in the case of a commercial claim arising out of a consumer transaction) from the date the notice was mailed, the ordinary first class mailing has not been returned as undeliverable, the defendant shall be presumed to have received notice of the claim. If service of notice cannot be made upon the defendant within 4 months following the date on which the action was first instituted, the action shall be dismissed without prejudice. If a defendant fails to appear, he shall be held in default.
5
58.
* ** § 208.42 PROCEEDINGS UNDER RPAAPL 7 - These proceedings shall be commenced in the ______ Part.
Housing
- **§ 208.43 RULES OF THE HOUSING PART
Fees to be paid to clerk in an action or proceeding in the housing part: - upon the request of a tenant for an order directing the owner to correct the violation and to impose a penalty for failure to comply timely with the order :
$20
- *§ 208.43 RULES OF THE HOUSING PART
- upon the issuance of a petition by a landlord for the removal of housing violations:
$20
- § 208.43 RULES OF THE HOUSING PART
Where a hazardous or nonhazardous violation are alleged and the summons is personally delivered to the landlord or its registered agent within the City of New York, the defendant shall appear and answer within ____ days after such service.
10
- § 208.43 RULES OF THE HOUSING PART
Where a summons for a hazardous or nonhazardous violation is delivered by mail or by any other method, the defendant shall appear and answer within ____ days after the proof of service thereof is filed with the clerk of the housing part.
20
- § 208.43 RULES OF THE HOUSING PART
Where the summons for a hazardous or nonhazardous violation is personally delivered to the landlord or its registered agent, the affidavit of service thereof shall be filed with the clerk of the housing part within _____ days after personal delivery.
5
- § 208.43 RULES OF THE HOUSING PART
Where the summons for a hazardous or nonhazardous violation is served by any other method the affidavit of service thereof shall be filed with the clerk of the housing part no later than ____ days from the date the summons is posted and mailed (where such mailing is required).
10
- § 208.43 RULES OF THE HOUSING PART
Where the summons for a hazardous or nonhazardous violation is served outside of NYC, the affidavit of service thereof shall be filed with the clerk of the housing part within ____ days after service.
10
- § 208.43 RULES OF THE HOUSING PART
A penalty action for an immediately hazardous violation shall be commenced by an order to show cause, returnable within _________ days.
5
- § 208.43 RULES OF THE HOUSING PART
After signing of an order to show cause and prior to the service thereof, the clerk of the housing part shall issue an ________ .
index number
- § 208.43 RULES OF THE HOUSING PART
Venue:
1. any action or proceeding in the housing part of the Civil Court, the action or proceeding must be brought in the county in which the real property is situated
2. an action or proceeding involving premises located in postal ZIP codes 10035 and 10037, and the Taft Houses and the Jefferson Houses, shall be noticed and filed in the Harlem courthouse.
3. an action or proceeding involving the following premises in which the NYCHA is a party shall be noticed and filed in the Red Hook Community Justice Center:
o Wycoff Gardens (Houses)
o Gowanus Houses
o Red Hook East Houses
o Red Hook West Houses
o Atlantic Terminal (Houses)
o 572 Warren Street Development (Houses)
xx
- § 208.43 RULES OF THE HOUSING PART
The answer shall be verified and shall include any affirmative defenses or defenses in mitigation of the defendant’s liability. In cases involving an immediately hazardous violation, the defendant may interpose an oral answer before the court.
Where all parties appear by attorney, any party may serve a notice of trial on the others, fixing a date for trial not less than 5-8 days after service of such notice, and shall file such notice with proof of service thereof at least 4 days before the date fixed for trial with the clerk of the housing part of the Civil Court.
Clerk shall then place the case on the calendar for trial.
Where the defendant appears in person, the clerk of the housing part shall fix a date for trial 5-15 days after joinder of issue, and shall immediately notify all the parties by mail of such date. If any of the parties has appeared by attorney, the clerk shall notify the attorney.
xx
- § 208.43 RULES OF THE HOUSING PART
The decision of a judge or housing judge shall set forth conclusions of fact. Said judge or housing judge shall render such decision within _______ days after trial of a nonhazardous or hazardous violation, and within _______ days after trial of an immediate hazardous violation or an injunction.
30………. 15
- § 208.43 RULES OF THE HOUSING PART
The Department of Housing Preservation and Development (HPD) shall not have costs taxed against it, and (SHALL/SHALL NOT) be exempt from paying any fees.
SHALL
