UR 202 Commercial Division Volume 4 Flashcards
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 27. Motions in Limine.
Motions in limine must be filed ____ days before the scheduled pretrial conference and are returnable on the conference date.
Opposition papers must be served ______ days before the return date.
ten…… two
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 28. Pre-Marking of Exhibits.
- Before pre-trial conference, parties should pre-mark exhibits with contested exhibits only for ID.
- The clerk can assist with voluminous exhibits or exhibits in impractical formats.
- Exhibits solely for impeachment need not be pre-marked.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 28. Pre-Marking of Exhibits.
Parties should consult before the pretrial conference to agree on exhibits that will be admitted without objection, pre-mark those exhibits, and mark the rest for identification only.
If the trial exhibits are voluminous or in a digital or other format that creates practical marking issues, counsel shall consult the clerk of the part for guidance
Exhibits not previously identified which are to be used solely for impeachment, credibility or rebuttal need not be pre-marked.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 29. Identification of Deposition Testimony.
Parties must collaborate before trial to identify deposition testimony and corresponding video recordings that will be admitted without objection. They should remove irrelevant portions and prepare separate lists for unopposed and objected-to testimony. At least _______ days before trial, each party must submit their lists and relevant materials to the court and opposing counsel. This rule does not apply to deposition material used for impeachment or credibility purposes.
ten
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 30. Settlement and Pretrial Conferences.
Sure, here is a concise restatement of the text:
(a) Settlement Conference: The court may schedule a settlement conference before or after the discovery cut-off date.
(b) Mandatory Settlement Conference: All cases in the Commercial Division must participate in a mandatory settlement conference (MSC) after filing a Note of Issue. Parties can choose one of four tracks for their MSC:
Track A: Settlement conference before the assigned judge or another judge
Track B: Settlement conference before a Judicial Hearing Officer or Special Referee
Track C: Settlement conference before a neutral assigned by the ADR coordinator
Track D: Settlement conference before a private neutral
(c) Pre-trial Conference: Before the pretrial conference, counsel must confer to identify matters not in contention and resolve disputed questions. The court may require a written stipulation.
(d) Consultation Regarding Expert Testimony: The court may direct counsel to consult and identify any undisputed aspects of their experts’ testimony. Any agreements must be reduced to a written stipulation.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 30. Settlement and Pretrial Conferences.
(a) Settlement Conference. At the time of certification of the matter as ready for trial or at any time after the discovery cut-off date, the court may schedule a settlement conference which shall be attended by counsel and the parties, who are expected to be fully prepared to discuss the settlement of the matter.
(b) Mandatory Settlement Conference. The parties in every case pending in the Commercial Division must participate in a court-ordered mandatory settlement conference (MSC) following the filing of a Note of Issue.
After filing a Note of Issue, parties must confer and choose one of four settlement conference tracks:
Track A: Parties agree to a settlement conference before the assigned judge or another judge.
Track B: Court refers the case to the Judicial Hearing Officer/Special Referee office for assignment of a Judicial Hearing Officer or Special Referee to conduct the MSC.
Track C: Court refers the case to the ADR coordinator or other designated court official for assignment of a neutral at no charge to the parties.
Track D: Parties agree to engage a private neutral.
(2) Attendance at MSC. The MSC shall be attended by a person with knowledge of the case and authority to settle the case.
(5) Confidentiality. All attendees of the MSC, including the assigned neutral, shall treat as confidential information any settlement submission created
(6) Report. Following the MSC, the parties will advise the assigned justice whether a settlement was reached, and if a settlement was reached, a date by which the parties expect to complete documentation of the settlement. The parties shall not discuss any reasons why a settlement was not reached.
(7) Scheduling and Procedures. Any scheduling and procedural issues shall be determined by the justice assigned to the case. If it is determined that the MSC is to be held before a neutral other than the assigned justice, scheduling and procedural issues with respect to the MSC shall be determined by the neutral.
(c) Pre-trial Conference. Prior to the pretrial conference, counsel shall confer in a good faith effort to identify matters not in contention, resolve disputed questions without need for court intervention
Court may require a written stipulation to be produced
(d) Consultation Regarding Expert Testimony. The court may direct that prior to the pre-trial conference, counsel for the parties consult in good faith to identify those aspects of their respective experts’ anticipated testimony that are not in dispute. The court may further direct that any agreements reached in this regard shall be reduced to a written stipulation.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 31. Pre-Trial Memoranda, Trial Exhibits and Requests for Jury Instructions
Each side must submit a single memorandum of no more than _____ words. Responses are not allowed.
At the pre-trial conference or as directed by the 7,000 court, counsel must submit a copy of trial exhibits for each attorney and the court.
For jury trials, counsel must provide the court with case-specific requests to charge and proposed jury interrogatories on the pre-trial conference date or as directed by the court. A reference to the PJI number is sufficient for requested charges from the New York Pattern Jury Instructions–Civil.
In paperless commercial parts, counsel must submit the pre-trial memoranda, copy of trial exhibits, and requests to charge on a USB flash drive. In all other commercial parts, counsel must submit the pre-trial memoranda and requests to charge in a Word document (12-point type) and the copy of trial exhibits in an indexed binder or notebook.
$7,000
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 32. Scheduling of witnesses.
Parties must provide the court with a list of witnesses, their order of testimony, estimated testimony length, and whether they will testify in person or via video, and separately identify rebuttal or credibility witnesses for the court only.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 32. Scheduling of witnesses.
Parties must provide the court with a list of witnesses, their order of testimony, estimated testimony length, and whether they will testify in person or via video, and separately identify rebuttal or credibility witnesses for the court only.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 32-a. Direct Testimony by Affidavit.
In a non-jury trial or evidentiary hearing, the court may require direct testimony of a party’s own witness to be submitted in affidavit form, except for witnesses not under their control. This does not affect the right to cross-examine or redirect the witness.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 32-a. Direct Testimony by Affidavit.
In a non-jury trial or evidentiary hearing, the court may require direct testimony of a party’s own witness to be submitted in affidavit form, except for witnesses not under their control. This does not affect the right to cross-examine or redirect the witness.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 34. Staggered Court Appearances
Staggered court appearances are used to improve efficiency and reduce lawyer wait times. All court appearances for oral argument on a motion before a Commercial Division Justice will be assigned a time slot. Parties must appear at their assigned times, even if they do not believe they will be heard. Attorneys must notify all other parties of their appearance times. Requests for adjournments or to appear telephonically must be submitted in writing at least ________ hours before the hearing.
48
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
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 ______ % 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.
$10
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 36. Virtual Evidentiary Hearing or Non-jury Trial.
(a) If the requirements of paragraph (c) of this Rule are met, the court may, with the consent of the parties, conduct an evidentiary hearing or a non-jury trial utilizing video technology.
This Rule does not address the issue of when all parties do not consent.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 36. Virtual Evidentiary Hearing or Non-jury Trial.
(a) If the requirements of paragraph (c) of this Rule are met, the court may, with the consent of the parties, conduct an evidentiary hearing or a non-jury trial utilizing video technology.
This Rule does not address the issue of when all parties do not consent.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 37. Remote Depositions.
With the consent of the parties or upon a showing of good cause, the court may order oral depositions by remote electronic means.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 37. Remote Depositions.
With the consent of the parties or upon a showing of good cause, the court may order oral depositions by remote electronic means.
Remote depositions should replicate in-person depositions as closely as possible.
The validity of an oath or affirmation administered during a remote deposition cannot be challenged on the grounds that the court reporter or officer is not a notary public in the witness’s state or is not physically present with the witness.
Witnesses and defending attorneys have the right to review exhibits independently during a remote deposition to the same extent as if they were given paper copies.
No waiver of testimony is inferred if the defending attorney was prohibited by technical problems from interposing a timely objection or instruction not to answer.
This rule does not address whether a remote witness is deemed “unavailable” for the purposes of utilizing their deposition at trial or alter the court’s authority to compel testimony of non-party witnesses.
