The petition shall demand the expungement or redaction of such financing statement or, as appropriate, any amendment thereof, in the office in which the financing statement is filed; and may demand any additional relief authorized under section 9-625 of the Uniform Commercial Code. The court shall order a preliminary conference in any action upon compliance with the requirements of this subdivision. 202.29 Settlement Conference Before a Justice Other than the Justice Assigned to the Case. (b) Each Response shall state: (i) whether the objection(s) interposed pertains to all or part of the request being challenged; (ii) whether any documents or categories of documents are being withheld, and if so, which of the stated objection(s) forms the basis for the responding partys decision to withhold otherwise responsive documents or categories of documents: and (iii) the manner in which the responding party intends to limit the scope of its production. If the parties are unable to agree upon an appropriate form of proposed order, they shall so advise the court so that the court can direct an alternative course of action. 202.72 Actions Revived Pursuant to CPLR 214-g. Adherence to Discovery Schedule, Expert Disclosure. (d) Filing Note of Issue and Certificate of Readiness; Additional Requirements. The visual and audio depositions shall remain part of the original record in the case and shall be transmitted therewith. If timely notification has been so given, such other individual shall instead be produced; (2) pursuant to CPLR 3106(d), a notice or subpoena that names a particular officer, director, member, or employee of the entity shall include in the notice or subpoena served upon such entity the identity, description or title of such individual; and. (C) The court may refer the case to the ADR coordinator or other designated court official in the judicial district where the case is pending for assignment, at no charge to the parties, of a neutral selected from the roster of neutrals or mediators under Part 146 of the Rules of the Chief Administrative Judge. If the notice is served by the party to be examined, the examining parties shall, within five days of receipt thereof, submit to the party to be examined the name of the medical providers who will conduct the examination. In all other commercial parts, counsel shall submit the pre-trial memoranda and requests to charge in a Word document, 12-point type, and submit the copy of trial exhibits in an indexed binder or notebook. The appraisal reports also shall contain photographs of the property under review and of any comparable property that specifically is relied upon by the appraiser, unless the court otherwise directs. Uniform Civil Rules For The Supreme Court & The County Court, Amended (b)(2)(ii)-(iv), (d)(1)-(7), (f)(2)(i)-(ii), (g), (h)(1)-(h)(2), (k)(2), (l) on, Amended Rule 1, 8, 9, 11-c, 11-e, 11-g, and Appendices on, Uniform Rules for N.Y. State Trial Courts, 200 - Uniform Rules For Courts Exercising Criminal Jurisdiction, 202 - Uniform Civil Rules For The Supreme Court And The County Court, 206 - Uniform Rules For The Court Of Claims, 207 - Uniform Rules For The Surrogate's Court, 208 - Uniform Civil Rules For The New York City Civil Court, 210 - Uniform Civil Rules For The City Courts Outside The City Of New York, 212 - Uniform Civil Rules For The District Courts, 214 - Uniform Civil Rules For The Justice Courts, 216 - Sealing Of Court Records In Civil Actions In The Trial Courts, 217 - Access To Court Interpreter Services for Persons With Limited English Proficiency, 218 - Uniform Rules For The Trial Courts In Capital Cases, 220 - Uniform Rules For Jury Selection And Deliberation Subpart, 221 - Uniform Rules For The Conduct Of Depositions. Electronic Filing in Supreme Court; Consensual Program. The Administrative Judge may designate a justice from another local jurisdiction as a Coordinating Justice with the approval of the Administrative Judge thereof. filed Jan. 9, 1986; amds. (k) Service of Notice by Mail. Nothing in the Rule shall preclude or replace any settlement practices used by the court, by any individual justice, or as agreed to by the parties and the assigned justice shall retain ultimate authority with respect to each aspect of the MSC. These calendars may include: (1) Preliminary Conference Calendar. (b) Considerations upon such a motion, and in support of a showing of good cause, shall include but not be limited to: (1) The distance between the parties and the witness, including time and costs of travel by counsel and litigants and the witness to the proposed location for the deposition; and, (2) The safety of the parties and the witness, including whether counsel and litigants and the witness may safely convene in one location for the deposition; and, (3) Whether the witness is a party to the litigation; and. We hear more than three million cases a year involving almost every type of endeavor. (f) The affidavits required by this section may not be combined. (5) the right to discovery, except to such discovery as the parties might otherwise agree or as follows: (i) There shall be no more than seven (7) interrogatories and five (5) requests to admit; (ii) Absent a showing of good cause, there shall be no more than seven (7) discovery depositions per side with no deposition to exceed seven (7) hours in length. (iii) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the court will either deny such requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final judgment. (a) Where prepared by use of a computer, unless otherwise permitted by the court: (i) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7.000 words each: (ii) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief. Proposed Form of Confidentiality Order. July 21, 1999. (1) Signing of a document. There shall be a recapitulation at the end of such schedule and inventory, as follows: Debts and liabilities amount to . $, Fair value of assets $, Assets realized on liquidation $. (8) If counsel objects to anything said or done by any other counsel during the selection process, the objecting counsel shall unobtrusively request that all counsel step outside of the juror's presence, and counsel shall make a determined effort to resolve the problem. This section shall apply to every tax assessment review proceeding brought pursuant to title 1 of Article 7 of the Real Property Tax Law in counties outside the City of New York. Each county clerk, and each chief clerk of the Supreme Court. 1. Amended (a). Section 202.40 Jury trial of less than all issues; procedure. (5) Appraisal reports shall comply with any official form for appraisal reports that may be prescribed by the Chief Administrator of the Courts. (4) Pretrial Conference Calendar. If the court finds that the judgment, decree or order is entitled to recognition under principles of the common law of comity, it shall direct entry of the tribal judgment, decree or order as a judgment, decree or order of the Supreme Court of the State of New York. (6) At the end of each round, those seated jurors who remain unchallenged shall be sworn and removed from the room. March 13, 1987. The clerk shall enter in the register in full every final order according to date; the docket shall contain a brief note of each day's proceedings under the respective title. An attorney who waives a challenge may not thereafter exercise a peremptory challenge. An attorney alternatively may waive the making of a peremptory challenge. 202.8-d Orders to Show Cause. In the courts discretion, counsel may be requested to provide a copy of any submitted papers as the court directs. Section 202.10 Appearance at Conferences. Such general appraisal reports shall be served and filed as provided in paragraph (1) of this subdivision. (c) Papers filed to commence an action or special proceeding. All applications made to the court under section 428 of the Real Property Law shall also be made to the appropriate part or judge, upon eight days' notice to the city or county treasurer and all other parties who have appeared in the proceeding to recover for loss or damage or deprivation of real property out of the assurance fund provided for by law. . There has been a reasonable opportunity to complete the foregoing proceedings. George Nolan Currently a Senior Registered Foreign Lawyer (England and Wales) in Allen & Overys Asia-Pacific Arbitration Group based in Hong Kong, she previously practised at Three Crowns in 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 ex parte. MSC is mandatory for all cases in the Commercial Division unless the assigned justice to the case, for good cause shown, exempts the case from MSC under this Rule. (iv) implementation of a preservation plan for potentially relevant ESI; counterclaims. (2) The term "clerk" shall mean the chief clerk or other appropriate clerk of the trial court unless the context otherwise requires. (D) The parties may agree to engage a private neutral. including depositions, are both proportional and reasonable in light of the (b) Applicability. Exhibits not previously demanded which are to be used solely for credibility or rebuttal need not be pre-marked. (6) Counsel shall avoid discussing legal concepts such as burden of proof, which are the province of the court. If a Request for Judicial Intervention is accompanied by a dispositive motion, the preliminary conference shall take place within 30 days following the decision of such motion (if not rendered moot) or at such earlier date as scheduled by the justice presiding. (3) Coordination with Federal or Other States' Actions. (1) The exchange and filing of appraisal reports shall be accomplished by the following procedure: (i) The respective parties shall file with the clerk of the trial court one copy, or in the event that there are two or more adversaries, a copy for each adversary, of all appraisal reports intended to be used at the trial. An authorized e-filing user shall maintain his or her User ID and password as confidential, except as provided in paragraph (4) of this subdivision. The parties are encouraged to utilize any reasoned method of organizing the documents that will facilitate an orderly assessment as to the appropriateness of withholding documents in the specified category. (4) Procedures applicable to exempt attorneys and small claims assessment filing agents. In determining whether to issue an administrative order of coordination, the Panel shall consider, among other things, the complexity of the actions; whether common questions of fact or law exist, and the importance of such questions to the determination of the issues; the risk that coordination may unreasonably delay the progress, increase the expense, or complicate the processing of any action or otherwise prejudice a party; the risk of duplicative or inconsistent rulings, orders or judgments; the convenience of the parties, witnesses and counsel; whether coordinated discovery would be advantageous; efficient utilization of judicial resources and the facilities and personnel of the court; the manageability of a coordinated litigation; whether issues of insurance, limits on assets and potential bankruptcy can be best addressed in coordinated proceedings; and the pendency of related matters in the Federal courts and in the courts of other states. (5) The failure to comply with the provisions of this subdivision shall be good cause, in the discretion of the judge presiding, either: (i) to draw an inference favorable to the adverse party with respect to any disputed fact or issue affected by such failure; or. will move this court (in Room _____) at the ___________ Courthouse, ___________ New York, on the _____day of ___________, 20 _____ , at _____ (a.m.) (p.m.) for an order (briefly indicate relief requested). The methods that may be selected are: (1) "White's method," as set forth in subdivision (g) of this section; (2) "struck method," as set forth in subdivision (g) of this section; (3) "strike and replace method," in districts where the specifics of that method have been submitted to the Chief Administrator by the Administrative Judge and approved by the Chief Administrator for that district. (a) Petitions for Registration. Such consultation shall not be required where one or both parties is self-represented or where the expert testimony relates to matters of child custody or parental access, domestic violence, domestic abuse, or child neglect or abuse. (1) the number of depositions taken by plaintiffs, or by defendants, or by third-party defendants, shall be limited to 10; and COUNTY/CITY OF __________, COUNTY OF ______________ INDEX NO. Where a new trial is granted by an appellate court, a notice to reschedule shall be filed with the appropriate clerk. Such material cannot be disclosed to anyone not involved in the litigation or to the court, and may not be used in any fashion in the litigation of the case. (3) the time and manner of the filing of the written transcript of the record of all prior proceedings shall be determined by the Appellate Division to which the proceeding is transferred. (3) All prospective jurors shall complete a background questionnaire supplied by the court in a form approved by the Chief Administrator. (iii) simplification and limitation of the issues; (iv) the establishment of a timetable for the completion of all disclosure proceedings, provided that all such procedures must be completed and the note of issue filed within six months from the commencement of the conference, unless otherwise shortened or extended by the court depending upon the circumstances of the case; (v) the completion of a preliminary conference order substantially in the form contained in Appendix "G " to these rules, with attachments; and. The counsel certifying compliance may rely on the word count of the word-processing system used to prepare the document. The court may also direct plaintiff and counterclaim plaintiff to (e) The term "referee" in this section shall include, but not be limited to, commissioners of appraisal, and shall not include receivers or referees in incompetency proceedings or mortgage foreclosure proceedings. Materials submitted in violation hereof will not be read or considered. Together with any other affidavits required under New York law, the following affidavits shall be required as part of a default judgment application arising from a consumer credit transaction where such application is made to the clerk under CPLR 3215(a). Part IA-11. An attorney admitted to practice in the State of New York, or a person seeking to serve as an authorized e-filing agent on behalf of attorneys of record in an e-filed action or actions (hereinafter "filing agent") may register as an authorized e-filing user of the NYSCEF site. ( d ) the parties may agree to engage a private neutral which. 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