UR 208 volume 2 Flashcards
§ 208.8 VENUE
- Motions for a change of venue shall be heard in the __________ of the court in which the action was instituted.
- An order of transfer shall direct the disposition of the papers then on file.
- The clerk shall not accept a summons for filing when it appears upon its face that the proper venue is another __________.
- The clerk shall stamp the summons with the date of such rejection and shall enter the date of such rejection in a register maintained by him, together with the county in which the summons should be filed.
county……. county
§ 208.9 Preliminary conference.
- Plaintiff shall request a preliminary conference within _____ days after joinder of issue.
- Clerk shall schedule it.
- A form of stipulation and order, prescribed by the Administrative Judge, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure.
- At PC the following shall be considered:
- simplification and limitation of factual and legal issues, where appropriate
- establishment of a timetable for the completion of all disclosure proceedings
- addition of any parties
- settlement of the action
- any other matters that the court may deem relevant
- At the conclusion of the conference the court shall make a written order including its directions to the parties as well as any stipulations of counsel. No motions may be made before PC date.
45
§ 208.10 & § 208.11Calendaring of motions; uniform notice of motion form/Motion parts; motion calendars; motion procedure
No motion shall be placed on the calendar for hearing in the appropriate part unless a ___________ is served and filed with the motion papers. If motion is to reargue, vacate or extend, modify or otherwise affect a prior order, state the name of the judge who decided the prior order
If any person is appearing pro se, the name, address and telephone number of such party shall be stated.
notice of motion
§ 208.10 & § 208.11Calendaring of motions; uniform notice of motion form/Motion parts; motion calendars; motion procedure
**All contested motions and proceedings shall be returnable at _______ unless an earlier time is directed by the court. **
9:30 a.m.
§ 208.10 & § 208.11Calendaring of motions; uniform notice of motion form/Motion parts; motion calendars; motion procedure
- Motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the _______
- Where there is an issue of fact to be tried the court may, in its discretion, order an immediate trial of such issue.
return date.
§ 208.12 Videotape recording of depositions
Any videotape recording of depositions shall be made in conformity with 22 NYCRR 202.15.
§ 208.12 Videotape recording of depositions
Any videotape recording of depositions shall be made in conformity with 22 NYCRR 202.15.
§ 208.13 Exchange of medical reports in personal injury and wrongful death actions.
At any time after joinder of issue and service of a bill of particulars, the party to be examined or any other party may serve on all other parties a notice fixing the time and place of examination. Examination shall be held between _______ days after service of the notice. Parties can object within ______ days of receiving such notice.
At least _______ days before the date of such examination, 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:
▪ copies of the medical reports
▪ duly executed and acknowledged written authorizations permitting all parties to obtain and make copies of all hospital records
30 - 60 …..10 …….. 20
§ 208.13 Exchange of medical reports in personal injury and wrongful death actions.
Copies of the reports of the medical providers making examinations shall be served on all other parties within _____ days after completion of the examination.
45
§ 208.13 Exchange of medical reports in personal injury and wrongful death actions.
In actions where the cause of death is in issue, each party shall serve upon all other parties copies of the ________ of all treating or examining medical providers whose testimony will be offered at the trial.
reports
§ 208.13 Exchange of medical reports in personal injury and wrongful death actions.
The party seeking to recover shall deliver to all other parties authorizations to examine and obtain copies of all hospital records, autopsy or post-mortem reports, and any other records. Copies of these reports and the required authorizations shall be served and delivered with the bill of particulars by the party seeking to recover.
§ 208.13 Exchange of medical reports in personal injury and wrongful death actions.
The party seeking to recover shall deliver to all other parties authorizations to examine and obtain copies of all hospital records, autopsy or post-mortem reports, and any other records. Copies of these reports and the required authorizations shall be served and delivered with the bill of particulars by the party seeking to recover.
§ 208.13 Exchange of medical reports in personal injury and wrongful death actions.
All other parties shall serve copies of the reports of their medical providers within ______ days.
45
§ 208.13 Exchange of medical reports in personal injury and wrongful death actions.
In the event additional injuries are later claimed, the party shall serve supplemental reports within ______ days of discovery and no later than _____ days before trial.
30….. 30
§ 208.14 CALENDAR DEFAULT; RESTORATION; DISMISSAL
At any scheduled call of a calendar or at a pretrial conference, if all parties do not appear, the judge presiding may note the default on the record and enter an order as follows:
- If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest.
- If the defendant appears but the plaintiff does not, the judge may dismiss the action and may order a severance of counterclaims or cross-claims.
- If no party appears, the judge may strike the action from the calendar.
§ 208.14 CALENDAR DEFAULT; RESTORATION; DISMISSAL
At any scheduled call of a calendar or at a pretrial conference, if all parties do not appear, the judge presiding may note the default on the record and enter an order as follows:
- If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest.
- If the defendant appears but the plaintiff does not, the judge may dismiss the action and may order a severance of counterclaims or cross-claims.
- If no party appears, the judge may strike the action from the calendar.
§ 208.14 CALENDAR DEFAULT; RESTORATION; DISMISSAL
Actions stricken from the calendar may be restored to the calendar only upon stipulation of all parties so ordered by the court or by motion on notice to all other parties, made within _________ after the action is stricken.
1 year
§ 208.14-A PROOF OF DEFAULT JUDGMENT IN CONSUMER CREDIT MATTERS
Consumer Credit defaults require:
▪ Affidavit of Facts by Original Creditor (effective 10/1/14);
▪ Affidavits of Purchase of Account by Debt Buyer Plaintiff (verified complaint may be used in lieu thereof), Sale of Account by Original Creditor, Affidavit of Purchase/Sale by Debt Seller (for previous debt buyers);
▪ Affidavit of Non-Expiration of Statute of Limitations executed by counsel.
The above listed Affidavits must be supported by exhibits, including credit card agreement, bill of sale or assignment, date of last payment, balance due at time of sale.
- The Affidavits may be supplemented but may not be combined.
- County Clerk shall refuse to accept filing of default judgments lacking necessary paperwork.
§ 208.14-A PROOF OF DEFAULT JUDGMENT IN CONSUMER CREDIT MATTERS
Consumer Credit defaults require:
▪ Affidavit of Facts by Original Creditor (effective 10/1/14);
▪ Affidavits of Purchase of Account by Debt Buyer Plaintiff (verified complaint may be used in lieu thereof), Sale of Account by Original Creditor, Affidavit of Purchase/Sale by Debt Seller (for previous debt buyers);
▪ Affidavit of Non-Expiration of Statute of Limitations executed by counsel.
The above listed Affidavits must be supported by exhibits, including credit card agreement, bill of sale or assignment, date of last payment, balance due at time of sale.
The Affidavits may be supplemented but may not be combined. County Clerk shall refuse to accept filing of default judgments lacking necessary paperwork.
