UR 202 Volume 3 Flashcards

1
Q

Section 202.16-a Matrimonial Actions; Automatic Orders

In matrimonial actions, the plaintiff must serve the defendant with a copy of the automatic orders along with the summons.

A

Section 202.16-a Matrimonial Actions; Automatic Orders

In matrimonial actions, the plaintiff must serve the defendant with a copy of the automatic orders along with the summons.

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2
Q

Section 202.16-a Matrimonial Actions; Automatic Orders

(c) (Bard) Automatic Orders. Upon service of the summons in every matrimonial action, it is hereby ordered that:
Neither party can sell, transfer, or dispose of any property, including real estate, personal property, or retirement accounts, without the written consent of the other party or a court order.
Both parties must keep their retirement funds and annuity payments intact unless they have the other party’s consent or a court order. The exception is if one party is already receiving payments from the account.
Neither party can incur unreasonable debts, such as further borrowing against credit lines or using credit cards excessively.
Neither party can remove the other party or their children from existing medical, hospital, or dental insurance coverage.
Neither party can change the beneficiaries of existing life insurance policies.
These orders remain in effect throughout the action unless terminated, modified, or amended by a court order or written agreement between the parties.
Failure to comply with these orders may result in contempt of court.

A

Section 202.16-a Matrimonial Actions; Automatic Orders

(c) (Bard) Automatic Orders. Upon service of the summons in every matrimonial action, it is hereby ordered that:
Neither party can sell, transfer, or dispose of any property, including real estate, personal property, or retirement accounts, without the written consent of the other party or a court order.
Both parties must keep their retirement funds and annuity payments intact unless they have the other party’s consent or a court order. The exception is if one party is already receiving payments from the account.
Neither party can incur unreasonable debts, such as further borrowing against credit lines or using credit cards excessively.
Neither party can remove the other party or their children from existing medical, hospital, or dental insurance coverage.
Neither party can change the beneficiaries of existing life insurance policies.
These orders remain in effect throughout the action unless terminated, modified, or amended by a court order or written agreement between the parties.
Failure to comply with these orders may result in contempt of court.

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3
Q

Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.

(i) Emergency applications will be prioritized for processing and signing by the clerk and the court.
Falsely designating an application as an emergency may result in sanctions
Applications designated as emergencies without valid justification will be handled according to standard local court procedures.

A

Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.

(i) Emergency applications will be prioritized for processing and signing by the clerk and the court.
Falsely designating an application as an emergency may result in sanctions
Applications designated as emergencies without valid justification will be handled according to standard local court procedures.

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4
Q

Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.

(ii) Where practicable, all orders to show cause, motions or cross-motions for relief should be made in one order to show cause or motion or cross-motion.

A

Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.

(ii) Where practicable, all orders to show cause, motions or cross-motions for relief should be made in one order to show cause or motion or cross-motion.

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5
Q

Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.

(v) Papers and correspondence may be transmitted to the court by fax by a self-represented party without prior court approval unless prohibited by a local part rule or judicial order.

A

Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.

(v) Papers and correspondence may be transmitted to the court by fax by a self-represented party without prior court approval unless prohibited by a local part rule or judicial order.

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6
Q

Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.

(vi) Self-represented litigants may submit _________ applications provided that the handwriting is legible and otherwise in conformity with all applicable rules

A

handwritten

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7
Q

Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.

(vii) (Bard) All exhibits attached to motions, cross-motions, orders to show cause, oppositions, or replies must be no thicker than three inches without prior court approval.
This rule excludes affidavits of net worth, retainer agreements, maintenance guidelines worksheets, child support worksheets, counsel fee billing statements, affirmations, or affidavits related to counsel fees.
All exhibits must have exhibit tabs.

A

Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.

(vii) (Bard) All exhibits attached to motions, cross-motions, orders to show cause, oppositions, or replies must be no thicker than three inches without prior court approval.
This rule excludes affidavits of net worth, retainer agreements, maintenance guidelines worksheets, child support worksheets, counsel fee billing statements, affirmations, or affidavits related to counsel fees.
All exhibits must have exhibit tabs.

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8
Q

Section 202.17 Exchange of medical reports in personal injury and wrongful death actions.

(a) (Bard) After the joinder of issue and service of a bill of particulars, any party can initiate a medical examination by serving a notice to all other parties.
The examination must be scheduled between 30 and 60 days after the notice is served.
If a party other than the one to be examined serves the notice, the examining medical provider(s) must be named.
If the party to be examined serves the notice, the examining parties must provide the names of the medical providers within five days of receiving the notice.
Any party can file a motion to modify or vacate the notice within __________ days of receiving it.

A

$10

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9
Q

Section 202.17 Exchange of medical reports in personal injury and wrongful death actions.

(b) At least 20 days before the date of such examination, or on such other date as the court may direct, 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:
(1) copies of the medical reports of those medical providers who have previously treated or examined the party seeking recovery. (2) duly executed and acknowledged written authorizations permitting all parties to obtain and make copies of all Medical records

A

Section 202.17 Exchange of medical reports in personal injury and wrongful death actions.

(b) At least 20 days before the date of such examination, or on such other date as the court may direct, 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:
(1) copies of the medical reports of those medical providers who have previously treated or examined the party seeking recovery. (2) duly executed and acknowledged written authorizations permitting all parties to obtain and make copies of all Medical records

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10
Q

Section 202.17 Exchange of medical reports in personal injury and wrongful death actions.

(d) (Bard) In cases where the cause of death is disputed, the party seeking damages must provide all other parties with copies of relevant medical reports and authorizations to access medical records.
These reports and authorizations must be included with the bill of particulars.
All other parties must provide their own medical reports within ________ days.

A

$45

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11
Q

Section 202.17 Exchange of medical reports in personal injury and wrongful death actions.

(g) If the party who was examined discovers additional injuries or conditions after the initial medical reports were provided, they must serve a supplemental medical report within 30 days of discovering the new injuries and no later than 30 days before trial.
The supplemental medical report must comply with the same requirements as the initial medical reports, and it must specify a time and place for a further examination to be conducted within _____ days of serving the report.
Copies of the reports of the medical providers who conducted the further examination must be served within ______ days after the examination is completed.
If any party intends to call additional treating or examining medical providers to testify at trial, their medical reports must be served upon all parties at least ______ days before trial.

A

30 ….10……. 10…. 30

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12
Q

Section 202.17 Exchange of medical reports in personal injury and wrongful death actions.

(j) Any party may file a motion to enforce or be exempted from this rule, but motions regarding the sufficiency of medical reports must be submitted within _________ days of receiving them.

A

20

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13
Q

Section 202.18 Testimony of court-appointed expert witness in matrimonial action or proceeding.
(Bard) In proceedings under DRL 237 without a jury, the judge may appoint experts to testify on custody, visitation, equitable distribution, or distributive awards if necessary.
The cost of these experts will be paid by one or both parties as the court decides.

A

Section 202.18 Testimony of court-appointed expert witness in matrimonial action or proceeding.
(Bard) In proceedings under DRL 237 without a jury, the judge may appoint experts to testify on custody, visitation, equitable distribution, or distributive awards if necessary.
The cost of these experts will be paid by one or both parties as the court decides.

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14
Q

Section 202.19 Differentiated case management. (RIPE FOR QUESTIONS)

(a) Applicability. This section shall apply to such categories of cases designated by the Chief Administrator of the Courts as being subject to differentiated case management, and shall be implemented in such counties, courts or parts of courts as designated by the Chief Administrator.

A

Section 202.19 Differentiated case management. (RIPE FOR QUESTIONS)

(a) Applicability. This section shall apply to such categories of cases designated by the Chief Administrator of the Courts as being subject to differentiated case management, and shall be implemented in such counties, courts or parts of courts as designated by the Chief Administrator.

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15
Q

Section 202.19 Differentiated case management. (RIPE FOR QUESTIONS)
(b) Preliminary Conference.
(1) In all actions and 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 request for judicial intervention is filed.

A

$45

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16
Q

Section 202.19 Differentiated case management. (RIPE FOR QUESTIONS)

**(2) At the preliminary conference, the court shall designate the track to which the case shall be assigned in accordance with the following:

(i) Expedited–discovery to be completed within eight months;
(ii) Standard–discovery to be completed within ______ months; and
(iii) Complex–discovery to be completed within ____ months.**
The timeframes must be complied with unless otherwise shortened or extended by the court depending upon the circumstances of the case.

A

12…….. 15

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17
Q

Section 202.19 Differentiated case management. (RIPE FOR QUESTIONS)

(3) No later than ______ days before the date fixed for completion of discovery, a compliance conference shall be held to monitor the progress of discovery, explore potential settlement, and set a deadline for the filing of the note of issue.

A

60

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18
Q

Section 202.19 Differentiated case management. (RIPE FOR QUESTIONS)

(c) Pretrial Conference.
(1) A pretrial conference shall be held within ________ days of the filing of the Note of Issue.
(2) At the pretrial conference, the court shall fix a date for the commencement of trial, which shall be no later than ________ weeks after the date of the conference.

A

180…….. eight

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19
Q

Section 202.20 Interrogatories.
Max number of _______ Interrogatories unless the parties consent to more or the court orders otherwise.

A

25

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20
Q

Section 202.20-a Privilege Logs. (Bard)
Parties must discuss the scope of privilege review, the extent of logging, and other relevant issues before conducting privilege review.

A

Section 202.20-a Privilege Logs. (Bard)
Parties must discuss the scope of privilege review, the extent of logging, and other relevant issues before conducting privilege review.

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21
Q

Section 202.20-b Limitations on Depositions. (KNOW THIS)

(a) Unless otherwise stipulated to by the parties or ordered by the court:
(1) The number of depositions taken by all parties is _________
(2) depositions shall be limited to __________ hours per deponent.

A

Ten…… 7

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22
Q

Section 202.20-b Limitations on Depositions. (KNOW THIS)

(c) The depositions of one or more people representing a single entity shall be considered a single deposition

A

Section 202.20-b Limitations on Depositions. (KNOW THIS)

(c) The depositions of one or more people representing a single entity shall be considered a single deposition

23
Q

Section 202.20-b Limitations on Depositions. (KNOW THIS)

Depositions of entity officers, directors, principals, or employees who are also fact witnesses should be treated as separate depositions, unlike depositions of entity representatives.

A

Section 202.20-b Limitations on Depositions. (KNOW THIS)

Depositions of entity officers, directors, principals, or employees who are also fact witnesses should be treated as separate depositions, unlike depositions of entity representatives.

24
Q

Section 202.20-b Limitations on Depositions. (KNOW THIS)

(e) The deposition of an entity shall be treated as one deposition even if more than one representative testifies on its behalf
The deposition durational limit may be enlarged on consent or by the court.

A

Section 202.20-b Limitations on Depositions. (KNOW THIS)

(e) The deposition of an entity shall be treated as one deposition even if more than one representative testifies on its behalf
The deposition durational limit may be enlarged on consent or by the court.

25
Q

Section 202.20-b Limitations on Depositions. (KNOW THIS)

(f) The court may alter the limits on the number of depositions or the duration of an examination.

A

Section 202.20-b Limitations on Depositions. (KNOW THIS)

(f) The court may alter the limits on the number of depositions or the duration of an examination.

26
Q

Section 202.20-c Requests for Documents.
For each document request, the responding party must either produce the requested documents or state a specific objection to producing them.

A

Section 202.20-c Requests for Documents.
For each document request, the responding party must either produce the requested documents or state a specific objection to producing them.

27
Q

Section 202.20-c Requests for Documents.

The responding party must attach an affidavit to its Response stating whether it has produced all responsive documents or if it has no responsive documents.

A

Section 202.20-c Requests for Documents.

The responding party must attach an affidavit to its Response stating whether it has produced all responsive documents or if it has no responsive documents.

28
Q

Section 202.20-d Depositions of Entities; Identification of Matters.
(a) A notice or subpoena may name as a deponent:
- a corporation,
- estate,
- trust,
- partnership,
- limited liability company,
- association,
- joint venture,
- public corporation,
- government, or
- governmental subdivision,
- agency or instrumentality,
- or any other legal or commercial entity.

A

Section 202.20-d Depositions of Entities; Identification of Matters.
(a) A notice or subpoena may name as a deponent:
- a corporation,
- estate,
- trust,
- partnership,
- limited liability company,
- association,
- joint venture,
- public corporation,
- government, or
- governmental subdivision,
- agency or instrumentality,
- or any other legal or commercial entity.

29
Q

Section 202.20-d Depositions of Entities; Identification of Matters.

(c) If a subpoena or notice does not identify a specific person to testify for an entity, then the entity must designate one or more individuals to testify at least __________ days before the deposition.

A

ten

30
Q

Section 202.20-d Depositions of Entities; Identification of Matters.

(d)If a subpoena or notice identifies a specific person to testify for an entity, then the entity must produce that person for the deposition. However, the entity can notify the requesting party at least ten days before the deposition that it will produce a different individual instead

A

Section 202.20-d Depositions of Entities; Identification of Matters.

(d)If a subpoena or notice identifies a specific person to testify for an entity, then the entity must produce that person for the deposition. However, the entity can notify the requesting party at least ten days before the deposition that it will produce a different individual instead

31
Q

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

A

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

32
Q

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.

A

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.

33
Q

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.

A

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.

34
Q

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.

A

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.

35
Q

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

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.

A

25

36
Q

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

Plaintiff’s exhibits numbered and defendant’s exhibits alphabetized.

A

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

Plaintiff’s exhibits numbered and defendant’s exhibits alphabetized.

37
Q

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 note of issue accompanied by a certificate of readiness, with proof of service on all parties entitled to notice.

A

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 note of issue accompanied by a certificate of readiness, with proof of service on all parties entitled to notice.

38
Q

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 _________

A

nfant, incompetent or conservatee.

39
Q

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 judge 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 insurance carrier acting on behalf of any party.

A

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 judge 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 insurance carrier acting on behalf of any party.

40
Q

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 service is required, shall be filed in duplicate with the County Clerk together with payment of the calendar fee or a copy of an order permitting the party filing the note of issue to proceed as a poor person, and 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.”

A

10

41
Q

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.

A

20………. 20

42
Q

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.

A

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.

43
Q

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.

A

$6,000…….$2,000

44
Q

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.

A

10

45
Q

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.

A

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.

46
Q

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.

A

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.

47
Q

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.

A

“ready,”

48
Q

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.

A

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.

49
Q

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.

A

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.

50
Q

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.

A

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.

51
Q

Section 202.24 Special Preferences.

Section 202.25 Objections to Applications for Special Preference.
Any party who objects to a special preference 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.

A

20………10 …. five

52
Q

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.

A

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.

53
Q

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.

A

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.