UR 200 Volume 1 Flashcards
S200.2 Terms and Parts of court (a) Terms of Court
A term of court is a 4-week session of court, and there shall be _______ terms of court in a year, unless otherwise provided in the annual schedule of terms established by Chief Administrator of Courts, which also shall specify dates of such terms.
13
S200.3 Papers filed in a Criminal Court, and form
In addition to complying with applicable CPLR 2101 provisions, every paper filed in court, other than an __________ or printed form, shall contain writing on one side only, and if typewritten, shall have at least _______ space between each line, except for quotations and names and addresses of attorneys appearing in action, and shall have at least one-inch margins.
Exhibit ….. double
S200.4 Submission of papers to a Judge of a criminal court
All papers for signature or consideration of the court shall be presented to the _______ of the trial court in the appropriate courtroom or clerk’s office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity.
clerk
S200.4 Submission of papers to a Judge of a criminal court
Where a court does not employ a clerk for at least part of every business day and where the clerk is unavailable on the day when it is necessary to submit papers timely, papers may be submitted by:
- __________ mail accompanied by an affidavit of service, or
by facsimile or _________ mail and a copy filed with the clerk at the - first available opportunity, and will be considered filed upon the date of mailing or when the papers are successfully delivered by facsimile or email.
Regular.. electronic
S200.4 Submission of papers to a Judge of a criminal court
All papers for any judge that are filed in the clerk’s office shall be promptly delivered to _________ by the clerk.
The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and the identification number of the accusatory instrument or instruments by which defendant is charged, the name of the assigned judge, if any, the name of the attorney or party submitting them and the return date of any motion to which the papers refer.
the judge
S200.5 Appearance of counsel in criminal actions
Each attorney appearing in a criminal action is required to file a written notice of appearance on or before time of attorney’s first appearance in court or not later than _______ days after appointment or retainer, whichever is sooner.
The notice shall contain:
1.attorney’s name,
2. office address and telephone number,
3. name of person on whose behalf he or she is appearing, and
4. identification number of ________ by which such person is charged.
10…. accusatory instrument(s)
S200.6 Engagement of counsel
No adjournment shall be granted on ground of engagement of counsel except in accordance with Part 125 of Rules of Chief Administrator of Courts.
S200.6 Engagement of counsel
No adjournment shall be granted on ground of engagement of counsel except in accordance with Part 125 of Rules of Chief Administrator of Courts.
200.7 Authorization to administer oaths
(a) All court clerks employed in court parts devoted in whole or in part to disposition of criminal actions, and such other employees as judge presiding therein may are authorized to
- administer ________
- take _________ , and
- sign_____ of court under seal thereof.
Oaths…. acknowledgments…… process
S200.9 Certificate of relief from disabilities, notification of eligibility
(a) In all criminal causes, whenever a pre¬ sentence ______________ is submitted to court, such report shall contain information bearing upon eligibility of defendant to obtain a certificate of relief from forfeitures and disabilities under article 23 of Correction Law and shall further contain a recommendation as to appropriateness of granting such discretionary relief at time sentence is pronounced.
- Whenever a defendant has been sentenced to a period of probation, and has not received such discretionary relief, and if such defendant is apparently eligible for consideration of such discretionary relief, probation officer supervising such defendant, prior to termination of probation period, shall inform defendant, of his right to make application to court for a certificate of relief from disabilities, and shall provide such defendant with required forms in order to enable him or her to make application to court if he or she should wish to do so.
probation report
S200.9 Certificate of relief from disabilities, notification of eligibility
(b) In all criminal causes, whenever a defendant who is eligible to receive a certificate of relief from disabilities under article 23 of Correction Law is sentenced, court, in pronouncing sentence, unless it grants such certificate at that time, shall advise defendant of his or her eligibility to make application at a later time for such relief.
S200.9 Certificate of relief from disabilities, notification of eligibility
(b) In all criminal causes, whenever a defendant who is eligible to receive a certificate of relief from disabilities under article 23 of Correction Law is sentenced, court, in pronouncing sentence, unless it grants such certificate at that time, shall advise defendant of his or her eligibility to make application at a later time for such relief.
S200.11 Assignment of criminal actions
Criminal actions shall be assigned as follows:
(a) General
Except as Chief Administrator of Courts may otherwise provide, all criminal actions in Supreme Court and in County Court shall be heard and disposed of in accordance with an ____________
individual assignment system.
S200.11 Assignment of criminal actions
Criminal actions shall be assigned as follows:
(b) Arraignment-conference part
The Chief Administrator of Courts may authorize establishment of an arraignment¬ conference part for any superior court.
Where an ____________ part has been established, upon commencement of a criminal action in superior court, action shall be assigned to such part.
The judge presiding therein shall arraign defendant and hear and determine any bail application.
If no plea of guilty is entered within ________ calendar days of defendant’s arraignment, or if judge presiding determines that it is unlikely that a plea of guilty will be entered, action shall be assigned to a judge as provided in subdivision (c) of this section.
If a plea of guilty is entered within such time period, action shall remain in arraignment¬ conference part for sentencing and any further proceedings therein.
arraignment-conference……… 14
S200.11 Assignment of criminal actions
Criminal actions shall be assigned as follows:
(c) Assignment of actions to individual assignment judges
Except as provided in subdivision (b) of this section, upon commencement of a criminal action in superior court, action shall be assigned to a judge by clerk of court in which it is pending pursuant to a method of random selection authorized by Chief Administrator.
The judge thereby assigned shall be known as “________ “ with respect to such action and, except as otherwise provided in subdivision (d) of this section, shall conduct all further proceedings therein.
assigned judge
S200.11 Assignment of criminal actions
Criminal actions shall be assigned as follows:
(d) Exceptions
(1) Where requirements of matters already assigned to a judge are such as to limitability of that judge to handle additional cases, Chief Administrator may authorize that new assignments to that judge be suspended until the judge is able to handle additional cases.
(2) The Chief Administrator may authorize assignment of one or more special reserve trial judges.
Such judges may be assigned matters for trial in exceptional circumstances where needs of courts require such assignment.
(3) Matters requiring immediate disposition may be assigned to a judge designated to hear such matters when assigned judge is not available.
(4) The Chief Administrator may authorize transfer of any action and any matter relating to an action from one judge to another in accordance with needs of court.
S200.11 Assignment of criminal actions
Criminal actions shall be assigned as follows:
(d) Exceptions
(1) Where requirements of matters already assigned to a judge are such as to limitability of that judge to handle additional cases, Chief Administrator may authorize that new assignments to that judge be suspended until the judge is able to handle additional cases.
(2) The Chief Administrator may authorize assignment of one or more special reserve trial judges.
Such judges may be assigned matters for trial in exceptional circumstances where needs of courts require such assignment.
(3) Matters requiring immediate disposition may be assigned to a judge designated to hear such matters when assigned judge is not available.
(4) The Chief Administrator may authorize transfer of any action and any matter relating to an action from one judge to another in accordance with needs of court.
S200.12 Preliminary conference
As soon as practicable after assignment of an action to an individual assignment judge, assigned judge shall conduct a _______
preliminary conference.
