UR 202 4a Flashcards by C P

Section 202.20-e Adherence to Discovery Schedule.

Parties shall adhere to discovery schedules and non-compliance may result in sanctions

Section 202.20-e Adherence to Discovery Schedule.
Parties shall adhere to discovery schedules and non-compliance may result in sanctions

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Section 202.20-f Disclosure Disputes.

(a) To the maximum extent possible, discovery disputes should be resolved through informal procedures, such as conferences, as opposed to motion practice.

Section 202.20-f Disclosure Disputes.

(a) To the maximum extent possible, discovery disputes should be resolved through informal procedures, such as conferences, as opposed to motion practice.

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Section 202.20-f Disclosure Disputes.

(b) Absent exigent circumstances, prior to contacting the court regarding a disclosure dispute, counsel must first consult with one another in a good faith effort to resolve all disputes about disclosure.

Section 202.20-f Disclosure Disputes.

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Section 202.20-g Rulings at Disclosure Conferences.

The following procedures shall govern all disclosure conferences conducted by non-judicial personnel.

Prior to the conclusion of the conference, at the request of any party
(1) all resolutions shall be dictated into the record, and either the transcript shall be submitted to the court to be “so ordered,” or the court shall otherwise enter an order incorporating the resolutions reached;
(2) the parties shall prepare a writing setting forth the resolutions reached and submit the writing to the court for approval and signature by the justice presiding; or
(3) Prior to end of conference, parties must prepare a joint stipulated proposed order summarizing the resolution and submit it to the court within ________________

one business day.

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Section 202.20-h Pre-Trial Memoranda, Exhibit Book and Requests for Jury Instructions.

(a) The court may direct that counsel submit pre-trial memoranda at the pre-trial conference, or such other time as the court may set.
a single memorandum no longer than _______ pages shall be submitted by each side and no memoranda in response shall be submitted.

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Section 202.20-h Pre-Trial Memoranda, Exhibit Book and Requests for Jury Instructions.

Plaintiff’s exhibits ___________ and defendant’s exhibits _____________

numbered……alphabetized.

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Section 202.21 Note of issue and certificate of readiness.

No action or special proceeding shall be deemed ready for trial or inquest unless there is first filed a ___________ accompanied by a certificate of __________, with proof of service on all parties entitled to notice.

note of issue……. readiness

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Section 202.21 Note of issue and certificate of readiness.

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 _________, __________, or _________

infant, incompetent or conservatee.

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Section 202.21 Note of issue and certificate of readiness.

The note of issue shall include:

the County Clerk’s index number;
the name of the __________ to whom the action is assigned;
the name, office address and telephone number of each attorney who has appeared;
the name, address and telephone number of any party who has appeared pro se; and
the name of any _____________ of any party.

judge ……..insurance carrier

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Section 202.21 Note of issue and certificate of readiness.

Within __________ days after service, the original note of issue, and the certificate of readiness, where required, with proof of service, where required, shall be filed in duplicate with the County Clerk together with payment or poor person order.
- a duplicate original with proof of service shall be filed with the clerk of the trial court.
- The County Clerk shall forward one of the duplicate originals of the note of issue to the clerk of the trial court stamped “Fee Paid” or “Poor Person Order.”

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Section 202.21 Note of issue and certificate of readiness.

(e) Vacating Note of Issue. Within _______ days of receiving a note of issue and certificate of readiness, any party can request to vacate the note of issue if they can show that the case is not ready for trial. The court can grant this request if it finds that the certificate of readiness contains incorrect or incomplete information or requirements have not been complied with.

However, the _______ -day time limitation to make such motion shall not apply to tax assessment review proceedings and after such period, no such motion shall be allowed except for good cause shown.

20………. 20

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Section 202.21 Note of issue and certificate of readiness.

(f) Reinstatement of Note of Issue. To reinstate a note of issue that was vacated, the party must submit a proper certificate of readiness, an affidavit with first hand knowledge explaining why the note of issue was vacated, and evidence that the case is now ready for trial.

Section 202.21 Note of issue and certificate of readiness.

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Section 202.21 Note of issue and certificate of readiness.

(g) Limited Specification of Damages Demanded in Certain Actions.
In counties with arbitration programs, parties filing a note of issue in medical malpractice action or action against a municipality for a sum of money, where damages sought usually cannot be stated, the note of issue must indicate whether the amount of damages sought exceeds _________ or, if not, if it exceeds ________ , excluding costs and interest.

$6,000…….$2,000

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Section 202.21 Note of issue and certificate of readiness.

(h) Change in Title of Action. No new note of issue is required if the title of an action changes due to party substitution, but notice of the change and substitution must be given to the assigned judge and clerk within ________ days of the date of an order or stipulation affecting the party substitution or title change.

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Section 202.21 Note of issue and certificate of readiness.

(i) Additional Requirements with Respect to Uncontested Matrimonial Actions.

(2) There shall be a Unified Court System Uncontested Divorce Packet in the clerk the supreme court of each county which shall contain the official forms for use in uncontested matrimonial actions.
No other forms are needed, but other forms that comply with requirements may be used.

Section 202.21 Note of issue and certificate of readiness.

(i) Additional Requirements with Respect to Uncontested Matrimonial Actions.
(2) There shall be a Unified Court System Uncontested Divorce Packet in the clerk the supreme court of each county which shall contain the official forms for use in uncontested matrimonial actions.
No other forms are needed, but other forms that comply with requirements may be used.

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Section 202.21 Note of issue and certificate of readiness.

(7) Where a hearing has been held, no transcript of testimony shall be required as a condition precedent to the signing of the judgment, unless the judge or referee presiding shall so direct.

Section 202.21 Note of issue and certificate of readiness.

(7) Where a hearing has been held, no transcript of testimony shall be required as a condition precedent to the signing of the judgment, unless the judge or referee presiding shall so direct.

Section 202.22 Calendars.

(d) Readiness for Trial. If a trial is not immediately available after an action has been announced __________ counsel may arrange with the judge to be summoned by phone.

“ready,”

Section 202.23 Staggered Court Appearances.

The assignment of time or time interval, and the length of time allotted to a case is solely in the discretion of the court.

Section 202.23 Staggered Court Appearances.

The assignment of time or time interval, and the length of time allotted to a case is solely in the discretion of the court.

Section 202.23 Staggered Court Appearances.

All parties must attend court appearances, even if they don’t believe they are directly involved, to avoid ex parte communications and ensure all concerns are addressed, unless excused.

Section 202.23 Staggered Court Appearances.

All parties must attend court appearances, even if they don’t believe they are directly involved, to avoid ex parte communications and ensure all concerns are addressed, unless excused.

Section 202.24 Special Preferences.

(1) the summons;
(2) the complaint, answer and bill of particulars
(3) each report required by this Part to be served by the parties relating to medical information
(4) a statement that the venue of the action was properly laid; and
(5) all other papers material to the application.

Section 202.24 Special Preferences.

seeking a preference pursuant to CPLR 3403(a)(3) in an action for damages for personal injuries or for causing death shall serve and file in support of the demand or application, whether in the note of issue or subsequent thereto, a copy of:
(1) the summons;
(2) the complaint, answer and bill of particulars
(3) each report required by this Part to be served by the parties relating to medical information;
(4) a statement that the venue of the action was properly laid; and
(5) all other papers material to the application.

Section 202.24 Special Preferences.

Section 202.25 Objections to Applications for Special Preference.

Any party who objects to a __________ motion must file affidavits and other relevant papers with the court within ________ days of the notice of motion being filed, or within ______ days if the notice was served after the note of issue was filed.
The party requesting the preference may then file rebuttal papers within ________ days of receiving the opposing papers.
(b) The court may revoke a preference at any time.
(c) The court will not automatically grant a preference even if no one objects. The court must still find that the case meets the criteria for a preference.

special preference……20………10 …. five

Section 202.26 Settlement and Pretrial Conferences.

(a) Settlement Conference.

The court may schedule a settlement conference after certifying a matter is ready for trial or after the discovery cut-off date, which must be attended by counsel and the parties who are expected to be fully prepared to discuss settlement.

Section 202.26 Settlement and Pretrial Conferences.

(a) Settlement Conference.
The court may schedule a settlement conference after certifying a matter is ready for trial or after the discovery cut-off date, which must be attended by counsel and the parties who are expected to be fully prepared to discuss settlement.

Section 202.26 Settlement and Pretrial Conferences.

The court may order counsel to identify and stipulate to undisputed aspects of expert testimony in non-jury trials or hearings; the court may require a written stipulation of undisputed facts.

Section 202.26 Settlement and Pretrial Conferences.

The court may order counsel to identify and stipulate to undisputed aspects of expert testimony in non-jury trials or hearings; the court may require a written stipulation of undisputed facts.

Section 202.27 Defaults. (KNOW THIS)

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:

(a) If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest;
(b) 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;
(c) If no party appears, the judge may make such order as appears just.

Section 202.27 Defaults. (KNOW THIS)
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:
(a) If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest;
(b) 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;
(c) If no party appears, the judge may make such order as appears just.

Section 202.27-a Proof of Default Judgment in Consumer Credit Matters (Uniform Civil Rules for the Supreme Court and the County Court)

(a) Definitions.

(1) For the purposes of this section, a consumer credit transaction is a revolving credit agreement offered by a financial institution for personal, family, or household purposes, BUT NOT:

MeSAR

medical,
student,
auto, or
retail loans.

Section 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)

(a) Additional mailing of notice on an action arising from a consumer credit transaction.

(1) 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 of their rights, in both English and Spanish,
(2) The clerk promptly shall mail to the defendant the envelope containing the additional notice set forth in paragraph
- A default judgment based on the defendant’s failure to answer cannot be entered unless the additional notice is properly served and at least _______ days have passed since the clerk mailed the notice.
- If the additional notice is returned as undeliverable, a default judgment cannot be entered unless the address matches the defendant’s address on their DMV record.
- Receiving the additional notice does not give the court jurisdiction over the defendant if they were not properly served with the summons and complaint.

Section 202.28 Discontinuance of Civil Actions and Notice to the Court.

(a)”Upon settlement, discontinuance, or otherwise disposed, counsel must promptly notify the judge and court part by submitting a stipulation or letter and emailing or calling the judge’s chambers, in addition to filing the stipulation with the county clerk.”
Counsel and self-represented litigants must promptly notify the court in writing if a case is settled, discontinued, moot, or a party dies or files for bankruptcy.

Section 202.28 Discontinuance of Civil Actions and Notice to the Court.
(a)”Upon settlement, discontinuance, or otherwise disposed, counsel must promptly notify the judge and court part by submitting a stipulation or letter and emailing or calling the judge’s chambers, in addition to filing the stipulation with the county clerk.”
Counsel and self-represented litigants must promptly notify the court in writing if a case is settled, discontinued, moot, or a party dies or files for bankruptcy.

Section 202.29 Settlement Conference Before a Justice Other than the Justice Assigned to the Case.

If lawyers want a settlement conference before a different judge than the one assigned to the case, they can make a ______ request to the assigned judge.

joint

Section 202.31 Identification of Trial Counsel.

Where the attorney of record for any party arranges for another attorney to conduct the trial, the trial counsel must be identified in writing to the court and all parties no later than _____ days after the pretrial conference or, if there is no pretrial conference, at least _______ days before trial.

15 ……. 10

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UR 202 4a Flashcards

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