Upon the filing of the schedule and inventory, the amount of the bond shall be determined finally. (1) All documents to be filed and served electronically. Added Dec. 29. (5) In accordance with Section 202.20-c(f), absent good cause, a party may not use at trial or otherwise any document which was not produced in response to a request for such document or category of document, which request was not objected to, or, if objected to, such objection was overruled by the court, provided, however, the court may exercise its discretion to impose such other, further, or additional penalty for non-disclosure as may be authorized by law and which may be more appropriate in a matrimonial action than preclusion or where there is a continuing obligation to update (e.g., updated tax returns, W-2 statements, etc.). 5. 202.27-b Additional Mailing of Notice on an Action Arising from a Consumer Credit Transaction David A. Morris Part 12c. (i) Involuntary Petition in Bankruptcy of the Assigned Estate. . (d) Requests for adjournments shall be transmitted in writing to the court and to all parties, in such manner as the court may direct, so as to be received no later than 48 hours before the hearing and shall set forth whether the other parties consent to the adjournment. Rule 36. Sur-Reply and Post-Submission Papers. (a) Form of Motion Papers. (e) Parties relying solely on hospital records may so certify in lieu of serving medical providers' reports. If a cross-motion is contemplated, a similar motion notice letter shall be forwarded to the court and counsel. (2) Counsel who appear before the court must be familiar with the case with regard to which they appear and be fully prepared and authorized to discuss and resolve the issues which are scheduled to be the subject of the appearance. Sec. James Hudson (a) Parties shall strictly comply with discovery obligations by the dates set forth in all case scheduling orders. In the response to the material statement of facts, the respondent shall recite the movants paragraphs and then provide a response to that paragraph so the Court has all the materials in one document. All other parties shall serve copies of the reports of their medical providers within 45 days thereafter. The determination of the Administrative Judge shall be final and subject to no further administrative review or appeal. (d) Time Limitations. (a) Form of Judgments. The movant shall, upon request, promptly provide the respondent with a copy of the material statement of facts in the same word processing software application in which the statement was prepared. (d) Nothing in this section shall preclude the insuring body from consenting to a reduction of its lien. Within 60 days after the first preliminary conference, the respondent, for the purpose of substantiating petitioner's completed statement of income and expenses, as required by subdivision (c) of this section, may request in writing an audit of the petitioner's books and records for the tax years under review. A ready calendar is for actions in which a trial is imminent. If requested, the audit must be completed within 120 days after the request has been made unless the court, upon good cause shown, extends the time for the audit. (b) In order for the court to be able to address any and all matters of concern to the court and in order for the court to avoid the appearance of holding ex parte communications with one or more parties in the case, even those parties who believe that they are not directly involved in the matter before the court must appear at the appointed date and time assigned by the court unless specifically excused by the court. vi. The parties may extend or modify the protections and duties of this provision by written agreement, as provided in Rule 11-g(c), which shall be submitted to the Court to be ordered. 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. 202.13 Removal of actions without consent to courts of Ltd. jurisdiction The e-mail service address recorded at the time of registration is the e-mail address at which service of interlocutory documents on that party may be made through notification transmitted by the NYSCEF site. (3) If the parties appear by counsel, such counsel must be fully authorized to dispose of the case. If the moving party was unable to conduct a conference due to the unreasonable failure or refusal of an adverse party to participate, then such moving party shall, in an affidavit or affirmation, detail the efforts made by the moving party to obtain such a conference and set forth the responses received. Such submission shall include a copy for each attorney on trial and the originals in a similar binder or notebook for the witnesses. Where an action is subject to e-filing and a party (other than an unrepresented litigant who is not participating in e-filing) or attorney seeks to file a document therein in hard copy, such document shall include, on a separate page firmly affixed thereto, a notice of hard copy submission, in a form approved by the Chief Administrator, that states the reason why the document is being filed in hard copy form. (3) In each round, the questioning of the seated prospective jurors shall be conducted first by counsel for the plaintiff, followed by counsel for the remaining parties in the order in which their names appear in the caption. Proof of such service will be recorded on the NYSCEF site. In addition, every paper filed in court, other than an exhibit or printed form, shall contain writing on one side only, except that papers that are fastened on the side may contain writing on both sides, and shall contain print no smaller than 12-point, or 8 x 11 inch paper, bearing margins no smaller than one inch. Historical Note Applications for extension of a discovery deadline shall be made as soon as practicable and prior to the expiration of such deadline. Counsel must consult with one another in a good faith effort to resolve all disputes about disclosure. (c) If so ordered, the parties shall submit to the court, before the commencement of trial, trial memoranda which shall be exchanged among counsel. The following procedure shall apply in those parts of the Commercial Division where the justice presiding so elects: (a) For all commercial cases that warrant the entry of a confidentiality order, the parties shall submit to the Court for signature the proposed stipulation and order that appears in Appendix B to these Rules of the Commercial Division. A note of issue and certificate of readiness may not be filed in any action where a preliminary conference was requested or was directed by the court until the conference has been held and there has been compliance with any orders or directives of the court or stipulations of counsel made at such conference. (c) Requests for the production of ESI may specify the format in which ESI shall be produced, to which the responding party may object. (e) With respect to a patient in a facility located in a judicial department other than the department where the proceeding is initiated, copies of the application, order or proof of qualification shall be served upon the directors in both departments. Attorney1 for (other party) A filing fee of $25 shall be paid at the time of filing, which may be in the form of a check payable to the County Clerk. There is no Settlement Agreement entered between the parties; and it is further The court may appoint an attorney for the infant children, or may direct the parties to file with the court, within 30 days of the conference, a list of suitable attorneys for children for selection by the court. Section 202.45 Rescheduling after jury disagreement, mistrial or order for new trial. (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. Rule 20. filed Jan. 9, 1986; amds. Sept. 3, 1993. 202.53 Trust accountings; procedure Added Sept. 15, 2014, eff. (2) Payment of Fees. (v) identification of the individual(s) responsible for preservation of ESI; (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. (3) Coordination with Federal or Other States' Actions. In the event that a party objects to this procedure or timetable, the parties shall request a conference to discuss the objection with the court. Findings and conclusions shall be in a separate paper from the judgment, which papers shall be labelled "FINDINGS OF FACT AND CONCLUSIONS OF LAW" and "JUDGMENT," respectively. The counsel last able to exercise a peremptory challenge in a round is not confined to the exercise of a single challenge but may then exercise one or more peremptory challenges. (1) Signing of a document. (b) Consistent with the requirements of Rule 11-c, counsel for all parties who appear at the preliminary conference shall be sufficiently versed in matters relating to their clients technological systems to discuss competently all issues relating to electronic discovery. An action in which there has been an inability by a jury to reach a verdict, a mistrial or a new trial granted by the trial justice or an appellate court shall be rescheduled for trial. (b) Service. (b) Parts of Court. Historical Note filed Jan. 9, 1986; amds. Section 202.63 Assignment for benefit of creditors. v. public access to remote proceedings. (g) Advertising by Hearing Officers. If a document to be annexed to an affidavit or affirmation is voluminous and only discrete portions are relevant to the motion, counsel shall attach excerpts and submit the full exhibit separately. The judicial hearing officer shall be designated and assigned by the appropriate administrative judge to hear such proceedings as determined by that judge or by the assessment review clerk, and the hearing shall be conducted in accordance with this section. 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. After assignment to the judge, the court shall provide for appropriate notice to the parties of the name of the assigned judge. (3) The appraisal reports shall contain a statement of the method of appraisal relied on and the conclusions as to value reached by the expert, together with the facts, figures and calculations by which the conclusions were reached. Unless otherwise ordered by the court, appeals may be submitted without oral argument. filed: March 25, 1987; March 30, 1988; Feb. 13, 1989; April 30, 1999; July 26, 1999 eff. (2) Procedure. 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