UR 202 Volume 2

Question 1

Section 202.6 Request for judicial intervention.

(a) At any time after service of process, a party may file a request for judicial intervention.

Except as provided in subdivision (b) of this section, in an action not yet assigned to a judge, the court shall not accept for filing a notice of motion, order to show cause, application for ex parte order, notice of petition, note of issue, notice of medical, dental or podiatric malpractice action, statement of net worth pursuant to section 236 of the Domestic Relations Law or request for a preliminary conference pursuant to section 202.12(a) of this Part, unless such notice or application is accompanied by a ____________

Answer 1

request for judicial intervention.

Question 2

Section 202.6 Request for judicial intervention.

Where an application for poor person relief is made, payment of the fee for filing the request for judicial intervention accompanying the application shall be required only upon denial of the application.

Answer 2

Section 202.6 Request for judicial intervention.

Where an application for poor person relief is made, payment of the fee for filing the request for judicial intervention accompanying the application shall be required only upon denial of the application.

Question 3

Section 202.6 Request for judicial intervention.

A request for judicial intervention must be submitted, in _____________ on a form authorized by the Chief Administrator of the Courts, with proof of service on the other parties to the action (but proof of service is not required where the application is ____________).

Answer 3

duplicate,…… ex parte

Question 4

Section 202.6 Request for judicial intervention.

A request for judicial intervention (RJI) is required to be filed, without a fee, for certain types of applications to the court, even if they are not filed in an action or proceeding as well as:

• Sale or finance of religious or non-profit property
• Change of name or change of sex designation
• Habeas corpus proceedings where the movant is institutionalized
• Applications under CPLR 3102(e) for court assistance in obtaining disclosure in an action pending in another state
• Mental Hygiene Law retention proceedings and MHL 10 proceedings
• Appeals to a county court of a civil case brought in a court of limited jurisdiction
• Applications to vacate a judgment on account of bankruptcy
• Motions for an order authorizing emergency surgery
• Uncontested actions for a judgment for annulment, divorce, or separation commenced pursuant to article 9, 10, or 11 of the Domestic Relations Law (within the City of New York)
• Applications for an extreme risk protection order

Answer 4

Section 202.6 Request for judicial intervention.

A request for judicial intervention (RJI) is required to be filed, without a fee, for certain types of applications to the court, even if they are not filed in an action or proceeding as well as:

Sale or finance of religious or non-profit property
Change of name or change of sex designation
Habeas corpus proceedings where the movant is institutionalized

Applications under CPLR 3102(e) for court assistance in obtaining disclosure in an action pending in another state

Mental Hygiene Law retention proceedings and MHL 10 proceedings

Appeals to a county court of a civil case brought in a court of limited jurisdiction

Applications to vacate a judgment on account of bankruptcy

Motions for an order authorizing emergency surgery

Uncontested actions for a judgment for annulment, divorce, or separation commenced pursuant to article 9, 10, or 11 of the Domestic Relations Law (within the City of New York)
Applications for an extreme risk protection order

Question 5

Section 202.6 Request for judicial intervention.

(c) In the counties within the City of New York, when a request for judicial intervention is filed, the clerk shall require submission of a copy of the receipt of purchase of the index number or a written statement of the County Clerk that an index number was purchased in the action.

Answer 5

Section 202.6 Request for judicial intervention.

(c) In the counties within the City of New York, when a request for judicial intervention is filed, the clerk shall require submission of a copy of the receipt of purchase of the index number or a written statement of the County Clerk that an index number was purchased in the action.

Question 6

Section 202.6 Request for judicial intervention.

The clerk may require that a self-addressed and stamped envelope accompany the request for judicial intervention.

Answer 6

Section 202.6 Request for judicial intervention.

The clerk may require that a self-addressed and stamped envelope accompany the request for judicial intervention.

Question 7

Section 202.7 Calendaring of motions; uniform notice of motion form; affirmation of good faith.

No motion shall be filed with the court unless there have been served and filed with the motion papers

(1) a notice of motion, and
(2) with respect to a motion relating to disclosure or to a bill of particulars, an affirmation that counsel has conferred with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion.

Answer 7

Section 202.7 Calendaring of motions; uniform notice of motion form; affirmation of good faith.

No motion shall be filed with the court unless there have been served and filed with the motion papers

(1) a notice of motion, and
(2) with respect to a motion relating to disclosure or to a bill of particulars, an affirmation that counsel has conferred with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion.

Question 8

Section 202.7 Calendaring of motions; uniform notice of motion form; affirmation of good faith.

(d) An order to show cause or an application for ex parte relief need not contain the notice of motion set forth in this section, but shall contain the affirmation of good faith set forth in this section if such affirmation otherwise is required by this section.

Answer 8

Section 202.7 Calendaring of motions; uniform notice of motion form; affirmation of good faith.

(d) An order to show cause or an application for ex parte relief need not contain the notice of motion set forth in this section, but shall contain the affirmation of good faith set forth in this section if such affirmation otherwise is required by this section.

Question 9

Section 202.7 Calendaring of motions; uniform notice of motion form; affirmation of good faith.

(e) Ex parte motions submitted to a judge outside of the county where the underlying action is venued or will be venued shall be referred to the appropriate court in the county of venue unless the judge determines that the urgency of the motion requires immediate determination.

Answer 9

Section 202.7 Calendaring of motions; uniform notice of motion form; affirmation of good faith.

(e) Ex parte motions submitted to a judge outside of the county where the underlying action is venued or will be venued shall be referred to the appropriate court in the county of venue unless the judge determines that the urgency of the motion requires immediate determination.

Question 10

Section 202.7 Calendaring of motions; uniform notice of motion form; affirmation of good faith.

(f) Any application for temporary injunctive relief, including but not limited to a motion for a stay or a temporary restraining order, shall contain, in addition to the other information required by this section, an affirmation demonstrating there will be significant prejudice to the party seeking the restraining order by giving of notice. In absence of prejudice, attempt to notify in good faith must be shown.

Answer 10

Section 202.7 Calendaring of motions; uniform notice of motion form; affirmation of good faith.

(f) Any application for temporary injunctive relief, including but not limited to a motion for a stay or a temporary restraining order, shall contain, in addition to the other information required by this section, an affirmation demonstrating there will be significant prejudice to the party seeking the restraining order by giving of notice. In absence of prejudice, attempt to notify in good faith must be shown.

Question 11

Section 202.8 Motion procedure.

(a) All motions shall be returnable before the assigned judge, and all papers shall be filed with the court on or before the _________

Answer 11

return date.

Question 12

Section 202.8 Motion procedure.

(b) Special Procedure for Unassigned Cases. If a case has not been assigned to a judge, the motion shall be 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, within ____________ of service upon the other parties.

Answer 12

five days

Question 13

Section 202.8 Motion procedure.

The case shall be assigned to a judge as soon as practicable after the filing of the request for judicial intervention but in no event later than the return date.

Motion papers noticed to be heard in a county other than the county where the venue of the action has been placed by the plaintiff shall be assigned to a judge in accordance with procedures established by the Chief Administrator.

Answer 13

Section 202.8 Motion procedure.

The case shall be assigned to a judge as soon as practicable after the filing of the request for judicial intervention but in no event later than the return date.

Motion papers noticed to be heard in a county other than the county where the venue of the action has been placed by the plaintiff shall be assigned to a judge in accordance with procedures established by the Chief Administrator.

Question 14

Section 202.8 Motion procedure.

(d) Motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the ______________

Answer 14

return date.

Question 15

Section 202.8 Motion procedure.

(1) Stipulations of adjournment of the return date made by the parties shall be in writing and shall be submitted to the assigned judge.

Such stipulation shall be effective unless the court otherwise directs.

No more than three stipulated adjournments for an aggregate period of ________ shall be submitted without prior permission of the court.

Answer 15

60 days

Question 16

Section 202.8 Motion procedure.

(Bard) If a motion relates to disclosure or a bill of particulars, and a preliminary conference has not been held, the court will schedule a preliminary conference within __________ of the motion’s return date.

The parties can sign a stipulation and order agreeing to a timetable for completing disclosure within ____________

If all parties sign the stipulation, the motion will be withdrawn. If not, the conference will be held, and the court will address the remaining issues.

Answer 16

45 days……..12 months.

Question 17

Section 202.8 Motion procedure.

(h) Reports of Pending Motions in the Supreme Court

(1)The Chief administrator of the judge shall prepare a quarterly report on all motions left undecided ________ after final submission

Answer 17

60 days

Question 18

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.

Answer 18

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.

Question 19

Section 202.8-a Motion in General.

(b) Proposed orders. When appropriate, proposed orders should be submitted with motions except for a _________ motion.

Answer 19

dispositive

Question 20

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 three times or for a cumulative total of more than ___________

Answer 20

60 days.

Question 21

Section 202.8-b Length of Papers. (Bard)

Maximum word count for certain court documents generated by computer:

Affidavits, affirmations, briefs, and memoranda in chief: _________

Reply affidavits, affirmations, and memoranda: ___________ words

The word count shall exclude the caption, table of contents, table of authorities, and signature block.

Answer 21

7,000 words………….4,200

Question 22

Section 202.8-b Length of Papers.

Typewritten or handwritten, affidavits, affirmations, briefs and memoranda of law in chief shall be limited to ________ each;

Reply affidavits, affirmations, and memoranda shall be limited to _________ each and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.

Answer 22

20 pages……. 10 pages

Question 23

Section 202.8-b Length of Papers.

Cross-motion documents: ________ (computer) or 20 pages (typewritten/handwritten)

Reply documents to cross-motion: ____________ (computer) or __________ (typewritten/handwritten)

Answer 23

7,000 words……. 4,200 words……….. 10 pages

Question 24

Section 202.8-b Length of Papers.

(f) The court may, upon oral or letter application on notice to all parties permit word counts in excess

Answer 24

Section 202.8-b Length of Papers.

(f) The court may, upon oral or letter application on notice to all parties permit word counts in excess

Question 25

Section 202.8-c Sur-Reply and Post-Submission Papers.

Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits of a motion are not permitted.

Materials submitted in violation hereof will not be read or considered, and opposing counsel shall not respond.

Answer 25

Section 202.8-c Sur-Reply and Post-Submission Papers.

Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits of a motion are not permitted.

Materials submitted in violation hereof will not be read or considered, and opposing counsel shall not respond.

Question 26

Section 202.8-d Orders to Show Cause.

Motions shall be brought on by order to show cause only when there is genuine urgency (e.g., applications for provisional relief, a stay is required or a statute mandates so proceeding.)

Answer 26

Section 202.8-d Orders to Show Cause.

Motions shall be brought on by order to show cause only when there is genuine urgency (e.g., applications for provisional relief, a stay is required or a statute mandates so proceeding.)

Question 27

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 ___________

This is not applicable to RPAPL & or 240 DRL proceedings

Answer 27

ex parte.

Question 28

Section 202.8-f Oral Argument.

(a) Each court or court part shall adopt a procedure governing request for oral argument of motions.

If no procedure is in place, then:

(b) 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.

(c) Oral arguments may be conducted by the court by electronic means.

Answer 28

14 days

Question 29

Section 202.8-g Motions for Summary Judgment; Statements of Material Facts.
(a) Upon any motion for summary judgment, other than a Motion for summary judgment in lieu of complaint, the court may direct that 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.

Answer 29

Section 202.8-g Motions for Summary Judgment; Statements of Material Facts.
(a) Upon any motion for summary judgment, other than a Motion for summary judgment in lieu of complaint, the court may direct that 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.

Question 30

Section 202.9 Special proceedings.
Special proceedings shall be commenced and heard in the same manner as motions that have not yet been assigned to a judge

Answer 30

Section 202.9 Special proceedings.
Special proceedings shall be commenced and heard in the same manner as motions that have not yet been assigned to a judge

Question 31

Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code (Claim Concerning Inaccurate or Wrongfully Filed Record).
(a) This section shall govern a special proceeding authorized the Uniform Commercial Code for the redaction or expungement of a falsely-filed or amended financing statement.

Answer 31

Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code (Claim Concerning Inaccurate or Wrongfully Filed Record).
(a) This section shall govern a special proceeding authorized by subsection (d) of section 9-518 of the Uniform Commercial Code for the redaction or expungement of a falsely-filed or amended financing statement.

Question 32

Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code (Claim Concerning Inaccurate or Wrongfully Filed Record).

(a) This section shall govern a special proceeding authorized by subsection (d) of section 9-518 of the Uniform Commercial Code for the redaction or expungement of a falsely-filed or amended financing statement.

Answer 32

Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code (Claim Concerning Inaccurate or Wrongfully Filed Record).

(a) This section shall govern a special proceeding authorized by subsection (d) of section 9-518 of the Uniform Commercial Code for the redaction or expungement of a falsely-filed or amended financing statement.

Question 33

Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code (Claim Concerning Inaccurate or Wrongfully Filed Record).

(b) The following shall apply to a special proceeding governed by this section:
(1) Venue. Such a special proceeding shall be commenced in the Supreme Court in:
(i) Albany County; or
(ii) the County of the petitioner’s residence; or
(iii) any County within a Judicial District in which any property covered by the financing statement is located.

Answer 33

Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code (Claim Concerning Inaccurate or Wrongfully Filed Record).

(b) The following shall apply to a special proceeding governed by this section:
(1) Venue. Such a special proceeding shall be commenced in the Supreme Court in:
(i) Albany County; or
(ii) the County of the petitioner’s residence; or
(iii) any County within a Judicial District in which any property covered by the financing statement is located.

Question 34

Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code (Claim Concerning Inaccurate or Wrongfully Filed Record).

(2) No fee required. No fee shall be collected pursuant to such Article in such a special proceeding.

Answer 34

Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code (Claim Concerning Inaccurate or Wrongfully Filed Record).

(2) No fee required. No fee shall be collected pursuant to such Article in such a special proceeding.

Question 35

Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code (Claim Concerning Inaccurate or Wrongfully Filed Record).

(3) Petitioner. In order to commence such a special proceeding, the petitioner must be:
(i) either
(A) an employee of the State or of a political subdivision thereof, or
(B) an attorney who represents or has represented the respondent in a criminal court; and
(ii) a person identified as a debtor in a financing statement filed pursuant to Subpart one of Part five of Article nine of the Uniform Commercial Code; and
(iii) bringing such special proceeding against the respondent to invalidate the false filing or amendment of such financing statement.

Answer 35

Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code (Claim Concerning Inaccurate or Wrongfully Filed Record).

(3) Petitioner. In order to commence such a special proceeding, the petitioner must be:
(i) either
(A) an employee of the State or of a political subdivision thereof, or
(B) an attorney who represents or has represented the respondent in a criminal court; and
(ii) a person identified as a debtor in a financing statement filed pursuant to Subpart one of Part five of Article nine of the Uniform Commercial Code; and
(iii) bringing such special proceeding against the respondent to invalidate the false filing or amendment of such financing statement.

Question 36

Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code (Claim Concerning Inaccurate or Wrongfully Filed Record).

(5) Use of Referee. The court may order a referee to hear and determine such a special proceeding.

Answer 36

Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code (Claim Concerning Inaccurate or Wrongfully Filed Record).

(5) Use of Referee. The court may order a referee to hear and determine such a special proceeding.

Question 37

Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code (Claim Concerning Inaccurate or Wrongfully Filed Record).

(6) Judgment.
(i) Where the court (or a referee ordered by the court) makes a written finding that the allegations of the petition are established, it shall deliver a judgment,

Answer 37

Section 202.9-a Special proceedings authorized by subsection (d) of section 9-518 of the Uniform Commercial Code (Claim Concerning Inaccurate or Wrongfully Filed Record).

(6) Judgment.
(i) Where the court (or a referee ordered by the court) makes a written finding that the allegations of the petition are established, it shall deliver a judgment,

Question 38

Section 202.10 Appearance at Conferences.
(a) Any party may request to appear at a conference by electronic means.
(b) Adjournments of conferences shall be granted upon a showing of good cause.
An adjournment of a conference will not change any date in any court order, including but not limited to the preliminary conference order, unless otherwise directed by the court.

Answer 38

Section 202.10 Appearance at Conferences.
(a) Any party may request to appear at a conference by electronic means.
(b) Adjournments of conferences shall be granted upon a showing of good cause.
An adjournment of a conference will not change any date in any court order, including but not limited to the preliminary conference order, unless otherwise directed by the court.

Question 39

Section 202.11 Consultation prior to Preliminary and Compliance Conference.
Counsel for all parties shall consult prior to a preliminary or compliance conference
Counsel shall make a good faith effort to reach agreement in advance of the conference.

Answer 39

Section 202.11 Consultation prior to Preliminary and Compliance Conference.
Counsel for all parties shall consult prior to a preliminary or compliance conference
Counsel shall make a good faith effort to reach agreement in advance of the conference.

Question 40

Section 202.12 Preliminary conference.
(a) A party may request a preliminary conference at any time after service of process, and conference shall be which shall be not more than __________ days from the date the request for judicial intervention is filed unless the court orders otherwise
The request shall be served on all other parties and filed with the clerk for transmittal to the assigned judge.
A form of a stipulation and order, prescribed by the Chief Administrator of the Courts, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure within ________ months of the filing of the request for judicial intervention for a standard case, or within ________ months of such filing for a complex case.
Upon consent of all parties, the form shall be so-ordered and the Preliminary conference shall be canceled, otherwise conference shall occur.

Answer 40

45 ……… 12………. 15…….

Question 41

**Section 202.12 Preliminary conference.

At the conclusion of the conference, the court shall issue a written order of the directions and stipulations or it shall be recorded by the reporter.
If a reporter is used, a transcript shall be produced and filed by the plaintiff with the clerk with the same force as an order.

Answer 41

**Section 202.12 Preliminary conference.

At the conclusion of the conference, the court shall issue a written order of the directions and stipulations or it shall be recorded by the reporter.
If a reporter is used, a transcript shall be produced and filed by the plaintiff with the clerk with the same force as an order.

Question 42

**Section 202.12 Preliminary conference.

(e) The granting or continuation of a special preference shall be conditional upon full compliance by the party who has requested any such preference with the foregoing order or transcript.

Answer 42

**Section 202.12 Preliminary conference.

(e) The granting or continuation of a special preference shall be conditional upon full compliance by the party who has requested any such preference with the foregoing order or transcript.

Question 43

**Section 202.12 Preliminary conference.

(f) In the discretion of the court, failure by a party to comply with the order or transcript resulting from the preliminary conference, or with the so- ordered stipulation, or the making of unnecessary or frivolous motions by a party, shall result in the imposition upon such party of costs or such other sanctions

Answer 43

**Section 202.12 Preliminary conference.

(f) In the discretion of the court, failure by a party to comply with the order or transcript resulting from the preliminary conference, or with the so- ordered stipulation, or the making of unnecessary or frivolous motions by a party, shall result in the imposition upon such party of costs or such other sanctions

Question 44

**Section 202.12 Preliminary conference.

(h) Motions in actions to which this section is applicable made after the preliminary conference has been scheduled, may be denied unless there is shown good cause why such relief is warranted before the preliminary conference is held.

Answer 44

**Section 202.12 Preliminary conference.

(h) Motions in actions to which this section is applicable made after the preliminary conference has been scheduled, may be denied unless there is shown good cause why such relief is warranted before the preliminary conference is held.

Question 45

**Section 202.12 Preliminary conference.

No action shall be deemed ready unless there is compliance with this section

The court may order conferences at any time
This section shall not apply to:
- _______________ /separation agreement actions
- _________________ actions
- _____________ tax assessment review in NYC

Answer 45

Matrimonial………. medical malpractice………. real property

Question 46

**Section 202.12 Preliminary conference.

These sections do apply to preliminary conferences for actions involving terminally ill parties as long as it does not conflict with CPLR 3407
In an action governed by CPLR 3407 the request for a preliminary conference may be filed at any time after commencement of the action, and shall be accompanied by the physician’s affidavit required by that provision.

Answer 46

**Section 202.12 Preliminary conference.

These sections do apply to preliminary conferences for actions involving terminally ill parties as long as it does not conflict with CPLR 3407
In an action governed by CPLR 3407 the request for a preliminary conference may be filed at any time after commencement of the action, and shall be accompanied by the physician’s affidavit required by that provision.

Question 47

§202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference (Bard)

Notification to Housing Counseling Agency: The court sends the defendant’s information to a housing counseling agency in the relevant judicial district to inform them of free foreclosure prevention services available.

Answer 47

§202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference (Bard)

Notification to Housing Counseling Agency: The court sends the defendant’s information to a housing counseling agency in the relevant judicial district to inform them of free foreclosure prevention services available.

Question 48

§202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference (Bard)

Failure to File Proof of Service or RJI: If the plaintiff fails to file proof of service or the RJI within _________ days of commencing the action, the county clerk notifies the Chief Administrator. The Chief Administrator may take further action, such as placing the case on a delinquency calendar, providing information to a housing counseling agency, or ordering a status conference.

Answer 48

120

Question 49

§202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference (Bard)

(c) Settlement conference.
Scheduling: The court will send a notice to all parties scheduling a settlement conference within _________ days of filing the RJI.

The defendant must contact the court at least ________ days before the conference to confirm attendance.

Purpose: The conference will focus on settlement discussions, including exploring options to help the defendant avoid foreclosure, such as loan modifications, short sales, deeds in lieu of foreclosure, or other loss mitigation options. The court may also use the conference for other purposes as deemed appropriate.

Answer 49

60……..seven

Question 50

§202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference (Bard)

If the defendant appears without counsel, the court will treat it as a motion to proceed as a poor person and determine eligibility. If the court appoints counsel for the defendant, the conference will be adjourned for counsel’s appearance and settlement discussions.

Answer 50

§202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference (Bard)

If the defendant appears without counsel, the court will treat it as a motion to proceed as a poor person and determine eligibility. If the court appoints counsel for the defendant, the conference will be adjourned for counsel’s appearance and settlement discussions.

Question 51

§202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference (Bard)

Parties must engage in good faith settlement discussions,

Answer 51

§202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference (Bard)

Parties must engage in good faith settlement discussions,

Question 52

§202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference (Bard)

(6) Court Responsibilities at the First Conference: At the first conference the court will determine if the defendant has answered the complaint and provide information to defendants who have not answered.

Answer 52

§202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference (Bard)

(6) Court Responsibilities at the First Conference: At the first conference the court will determine if the defendant has answered the complaint and provide information to defendants who have not answered.

Question 53

§202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference (Bard)

(7) Motions and Costs: All motions except those addressing compliance with CPLR Rule 3408 or this rule are stayed while settlement conferences are ongoing. Neither party may charge or impose costs, including attorney’s fees, on the other party for attending or participating in the settlement conference.

Answer 53

§202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference (Bard)

(7) Motions and Costs: All motions except those addressing compliance with CPLR Rule 3408 or this rule are stayed while settlement conferences are ongoing. Neither party may charge or impose costs, including attorney’s fees, on the other party for attending or participating in the settlement conference.

Question 54

§202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference (Bard)

(8) Discontinuance and Vacatur: The plaintiff must file a notice of discontinuance or stipulation of discontinuance and vacatur of the notice of pendency within ________ days after any settlement agreement or loan modification agreement is fully executed.

Answer 54

90

Question 55

§202.12-a Residential Mortgage Foreclosure Actions; Settlement Conference (Bard)

(e) Reports: The Chief Administrator will submit an annual report on __________ the adequacy and effectiveness of the settlement conferences,

Answer 55

November 1st

Question 56

*Section 202.13 Removal of actions without consent to courts of limited jurisdiction.
Actions may be removed to courts of limited jurisdiction without consent pursuant to the provisions of CPLR 325(d) as follows:
(a) from the Supreme Court in counties within the First, Second, Eleventh and Twelfth Judicial Districts to the Civil Court of the City of New York;
(b) from the Supreme Court in counties within the Ninth Judicial District to county and city courts within such counties;
(c) from the Supreme Court in counties within the Tenth Judicial District to county courts within such counties;
(d) from the Supreme Court in counties within the Third Judicial Department to county and city courts within such counties;
(e) from the Supreme Court in counties within the Fourth Judicial Department to county and city courts within such counties;
(f) from the County Court of Broome County to the City Court of Binghamton;
(g) from the County Court of Albany County to the City Court of Albany;
(h) from the Supreme Court and County Court of Nassau County to the District Court of Nassau County and to the city courts within such county; and
(i) from the Supreme Court and County Court of Suffolk County to the District Court of Suffolk County.

Answer 56

*Section 202.13 Removal of actions without consent to courts of limited jurisdiction.
Actions may be removed to courts of limited jurisdiction without consent pursuant to the provisions of CPLR 325(d) as follows:
(a) from the Supreme Court in counties within the First, Second, Eleventh and Twelfth Judicial Districts to the Civil Court of the City of New York;
(b) from the Supreme Court in counties within the Ninth Judicial District to county and city courts within such counties;
(c) from the Supreme Court in counties within the Tenth Judicial District to county courts within such counties;
(d) from the Supreme Court in counties within the Third Judicial Department to county and city courts within such counties;
(e) from the Supreme Court in counties within the Fourth Judicial Department to county and city courts within such counties;
(f) from the County Court of Broome County to the City Court of Binghamton;
(g) from the County Court of Albany County to the City Court of Albany;
(h) from the Supreme Court and County Court of Nassau County to the District Court of Nassau County and to the city courts within such county; and
(i) from the Supreme Court and County Court of Suffolk County to the District Court of Suffolk County.

Question 57

Section 202.14 Special masters.

Attorneys acting as special masters shall serve ____________

Answer 57

without compensation.

Question 58

Section 202.15 Videotape recording of civil depositions.
Videotaping of civil depositions are permitted in certain actions
Notice of Taking Deposition.
Every notice or subpoena for the taking of a videotaped deposition shall state that it is to be videotaped and the name and address of the videotape operator and of the operator’s employer, if any.
The operator may be an employee of the attorney taking the deposition.

Answer 58

Section 202.15 Videotape recording of civil depositions.
Videotaping of civil depositions are permitted in certain actions
Notice of Taking Deposition.
Every notice or subpoena for the taking of a videotaped deposition shall state that it is to be videotaped and the name and address of the videotape operator and of the operator’s employer, if any.
The operator may be an employee of the attorney taking the deposition.

Question 59

Section 202.15 Videotape recording of civil depositions.

(2) Every videotaped deposition shall be timed by means of a time-date generator which shall permanently record hours, minutes and seconds.
Each time the videotape is stopped and resumed, such times shall be orally announced on the tape.

Answer 59

Section 202.15 Videotape recording of civil depositions.

(2) Every videotaped deposition shall be timed by means of a time-date generator which shall permanently record hours, minutes and seconds.
Each time the videotape is stopped and resumed, such times shall be orally announced on the tape.

Question 60

Section 202.15 Videotape recording of civil depositions.

(g) Filing and Objections. If no party objects, deposition may be filed by the proponent with the clerk and shall be filed upon request of any party.
Objections shall be submitted to the court within _____ days after recording.
Audio and/or transcriptions may be used by the court in ruling. The court will instruct the party on how to edit the objectionable material out or suppress the audio of the material during trial.

Answer 60

Section 202.15 Videotape recording of civil depositions.

(g) Filing and Objections. If no party objects, deposition may be filed by the proponent with the clerk and shall be filed upon request of any party.
Objections shall be submitted to the court within ten days after recording.
Audio and/or transcriptions may be used by the court in ruling. The court will instruct the party on how to edit the objectionable material out or suppress the audio of the material during trial.

Question 61

Section 202.15 Videotape recording of civil depositions.

However, any party, at least _____ days before the date noticed for taking the deposition, may apply to the court for an order establishing additional or alternate procedures for the taking of such audio deposition, and upon the making of the application, the deposition may be taken only in accordance with the court order.

Answer 61

five

Question 62

Section 202.15 Videotape recording of civil depositions.

(k) Cost. The cost of videotaping or audio recording shall be borne by the party who _________ the notice for the videotaped or audio recording of the deposition,

Answer 62

served

Question 63

Section 202.15 Videotape recording of civil depositions.

(l) Transcription for Appeal. On appeal, visual and audio depositions shall be transcribed in the same manner as other testimony and transcripts filed in the appellate court. The visual and audio depositions shall remain part of the original record in the case and shall be transmitted therewith. In lieu of the transcribed deposition and, on leave of the appellate court, a party may request a viewing of portions of the visual deposition by the appellate court but, in such case, a transcript of pertinent portions of the deposition shall be filed as required by the court.

Answer 63

Section 202.15 Videotape recording of civil depositions.

(l) Transcription for Appeal. On appeal, visual and audio depositions shall be transcribed in the same manner as other testimony and transcripts filed in the appellate court. The visual and audio depositions shall remain part of the original record in the case and shall be transmitted therewith. In lieu of the transcribed deposition and, on leave of the appellate court, a party may request a viewing of portions of the visual deposition by the appellate court but, in such case, a transcript of pertinent portions of the deposition shall be filed as required by the court.

Question 64

Section 202.16 Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special 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 _________ days of its execution.

Answer 64

10

Question 65

Section 202.16 Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules.

) Preliminary Conference.
(1) In all actions or proceedings to which this section of the rules is applicable, a preliminary conference shall be ordered by the court to be held within ______ days 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. These papers must be exchanged no later than _____ days prior to the preliminary conference, unless the court directs otherwise

Answer 65

45…..10

Question 66

Section 202.16 Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules.

(i) statements of net worth, which also shall be filed with the court no later than _______ days prior to the preliminary conference, and other general types of financial, paycheck, tax, retirement, and life insurance documents.

Answer 66

10

Question 67

Section 202.16 Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules.

• (3) At the close of the conference, the court shall direct the parties to stipulate, in writing or on the record, as to all resolved issues, which the court then shall “so order,” and as to all issues with respect to fault, custody and finance that remain unresolved.
• The court shall fix a schedule for discovery as to all unresolved issues and, in a noncomplex case, shall schedule a date for trial not later than _______ months from the date of the conference.
• The court may appoint an attorney for the infant children, or may direct the parties to file with the court, within ______ days of the conference, a list of suitable attorneys for children for selection by the court.
• The court also may direct that a list of expert witnesses be filed with the court within _____ days of the conference from which the court may select a neutral expert to assist the court.

Answer 67

six………30……. 30

Question 68

Section 202.16 Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules.

(g) Expert Witnesses and Other Trial Matters.
(1) Responses to demands for expert information shall be served within ____ days following service of such demands.
(2) 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 _____ days before the date set for trial, and reply reports, if any, shall be exchanged and filed no later than _____ days before such date.

Answer 68

20………….. 60 ……… 30

Question 69

Section 202.16 Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules.

(h) Statement of Proposed Disposition.
(1) Each party shall serve a statement setting forth the assets, financial/debt situation, maintenance requests, distribution plans, child support plans, custody/visitation plans
Proof of service shall, with the note of issue, be filed with the court.
The other party, if he or she has not already done so, shall file with the court a statement of compliance within _______ days of such service.

Answer 69

20

Question 70

Section 202.16 Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules.
(i) Filing of Note of Issue.
No action or proceeding to which this section is applicable shall be deemed ready for trial unless there is compliance with this section by the party filing the note of issue and certificate of readiness.

Answer 70

Section 202.16 Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules.
(i) Filing of Note of Issue.
No action or proceeding to which this section is applicable shall be deemed ready for trial unless there is compliance with this section by the party filing the note of issue and certificate of readiness.

Question 71

Section 202.16 Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules.

(4) (Bard) When responding to a motion, the opposing party is considered to have admitted any facts stated in the moving party’s statement of net worth that are not disputed in their own statement of net worth or other sworn statements or affidavits. This is for the purpose of the motion only and does not affect any other proceedings.

Answer 71

Section 202.16 Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules.

(4) (Bard) When responding to a motion, the opposing party is considered to have admitted any facts stated in the moving party’s statement of net worth that are not disputed in their own statement of net worth or other sworn statements or affidavits. This is for the purpose of the motion only and does not affect any other proceedings.

Question 72

Section 202.16 Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules.

(6) The notice of motion submitted with any motion for or related to interim maintenance or child support shall contain a notation indicating the nature of the motion.
Any such motion shall be determined within _______ days after the motion is submitted for decision.

Answer 72

30

Question 73

Section 202.16 Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules.

Hearings or trials pertaining to temporary or permanent custody or visitation shall proceed from day to day conclusion, but all other matters may proceed day to day if feasible.

Answer 73

Section 202.16 Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules.

Hearings or trials pertaining to temporary or permanent custody or visitation shall proceed from day to day conclusion, but all other matters may proceed day to day if feasible.

Question 74

Section 202.16 Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules.

(2) Nothing shall require parties to omit or redact personal confidential information and nothing prevents the court from redacting more than is required.

Answer 74

Section 202.16 Application of Part 202 and Section 202.16. Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules.

(2) Nothing shall require parties to omit or redact personal confidential information and nothing prevents the court from redacting more than is required.