Provisions
Data license: Government edicts — not subject to copyright · Data source: nycourts.gov
4 rows where county = "New York" and judge_id = "NY-SC-1JD-SCHUMACHER-P13"
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| provision_id ▼ | doc_id | judge_id | rule_number | title | text | source_page | topics | cross_references | judicial_district | county | court_type | doc_type |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| NY-SC-1JD-SCHUMACHER-P13-001 | Rules of Part 13 — New York City Asbestos Litigation (Hon. Eric Schumacher, Coordinating Judge) 29 | NY-SC-1JD-SCHUMACHER-P13 | I | Overview | A. The Supreme Court's Uniform Rules of the Justices apply in this part. The Case Management Order (CMO), et seq., applies in this part. Where the Part 13 Rules supplement or differ from either the Uniform Rules or the CMO, unless otherwise indicated, the Part 13 Rules shall control. 1. When citing the Part 13 Rules, use this format: Part 13 R. III(F)(3)(a). B. All appearances before the court shall be in person. 1. The court encourages the participation in court proceedings of attorneys who have significantly contributed to the underlying matter but do not ordinarily appear or speak in court. 2. Nonparticipating observers of court proceedings shall not appear in the courtroom in person but may stream the proceedings. 3. All parties must appear at all scheduled conferences but may appear by a single counsel representing the interests of multiple parties. 4. Oral argument will be scheduled separately from conferences and on notice provided to all parties. | 1 | ["part-rules", "appearances", "asbestos"] | [] | 1 | New York | supreme | part_rules |
| NY-SC-1JD-SCHUMACHER-P13-002 | Rules of Part 13 — New York City Asbestos Litigation (Hon. Eric Schumacher, Coordinating Judge) 29 | NY-SC-1JD-SCHUMACHER-P13 | II | Conferences | A. You must appear for all conferences with access to all case filings. You must either have any available authority, or have immediate access to those with authority (adjuster, national counsel, party, etc.), to resolve the case. B. A party that fails to appear within 1.5 hours of the scheduled conference time may have a default judgment entered against it or have the case dismissed based upon the failure to appear (see 22 NYCRR § 202.27). C. Any request for the adjournment of a conference must be submitted at least 48 hours prior to the scheduled appearance by stipulation both filed to NYSCEF and emailed to the part clerk. The court will not consider any requests to adjourn made fewer than 48 hours prior to the scheduled conference absent a real emergency. D. All pretrial conferences scheduled in Part 13 are for both pretrial and settlement purposes. The outcome of the pretrial conference may be a referral for jury selection, assignment of a judge for trial, etc. Part 13 is the central trial assignment part for NYCAL. E. Cases referred for jury selection are calendared in Part 13 Jury Selection. F. All parties must jointly email the part clerk no later than one week prior to the scheduled jury selection date. All jury selection dates are final. | 1 | ["conference-procedures", "adjournments", "pre-trial-conference", "scheduling-orders"] | ["22NYCRR \u00a7 202.27", "22NYCRR \u00a7 202.1(f)"] | 1 | New York | supreme | part_rules |
| NY-SC-1JD-SCHUMACHER-P13-003 | Rules of Part 13 — New York City Asbestos Litigation (Hon. Eric Schumacher, Coordinating Judge) 29 | NY-SC-1JD-SCHUMACHER-P13 | III | Motions | A. For all motions pending in the submissions part, you must follow that part's rules regarding adjournments, scheduling, and withdrawals. If a motion is resolved after it is fully submitted, the movant shall immediately inform the court by filing and emailing to the part clerk a stipulation withdrawing or otherwise resolving the motion. B. This is a paperless e-filing part, meaning you need only e-file your motion submissions to have them considered. NYSCEF is used for all filings. C. You must file all documents under separate document numbers and give them meaningful names. Format all papers in compliance with 22 NYCRR § 202.70(g) Rule 6 (Commercial Division). Hyperlinking is required. You may not file omnibus affidavits, affirmations, or memoranda of law. All substantive legal arguments shall be made in memoranda of law only, filed separately from affirmations or affidavits. Each deposition transcript shall be submitted as a separate exhibit with a word index. Any reference to deposition testimony must cite exact page and line numbers. D. Applications for admission pro hac vice in NYCAL are presumptively unopposed and shall be emailed to the Clerk of Part 13 with a request to so order. E. Motions brought by Order to Show Cause (OSC): Questions regarding e-filing proposed OSCs must be directed to the ex parte office, (646) 386-3125. The court will sign or decline to sign an OSC transmitted from ex parte. Unless otherwise directed, signed OSCs are returnable to the part on submission, no appearance. Opposition papers must be filed at least one business day prior to the return date. No reply. F. Summary Judgment Motions: All summary judgment motions must be filed within 30 days of the filing of the note of issue. G. Any requests for adjournments of oral arguments must be made at least five business days prior to the scheduled appearance by stipulation filed to NYSCEF and emailed to the part clerk. | 2 | ["briefing-schedule", "hearing-procedures", "summary-judgment", "e-filing", "oral-argument"] | ["22NYCRR \u00a7 202.70(g)", "CPLR 3212(f)", "CPLR 3217(b)(2)", "CPLR 308", "CPLR 311", "CPLR 321(b)(2)"] | 1 | New York | supreme | part_rules |
| NY-SC-1JD-SCHUMACHER-P13-004 | Rules of Part 13 — New York City Asbestos Litigation (Hon. Eric Schumacher, Coordinating Judge) 29 | NY-SC-1JD-SCHUMACHER-P13 | IV | Communications | A. You may email the part clerk as indicated in these rules or for the purpose of seeking adjournments. B. If a motion has been withdrawn, resolved, or the entirety of a case has been settled or discontinued, the responsible party or parties must immediately notify the part clerk by email. C. You may email the part clerk to schedule an emergency appearance on an OSC involving a request to stay or for a TRO. D. You must email the part clerk all requests to so order together with a copy of the filed document. Mere NYSCEF filing is insufficient. E. Other or further types of email to the part clerk are not permitted without leave of court. F. Other types of correspondence such as letters, whether filed or in paper, or in-person paper submissions of any type are not permitted. G. Ex parte communications with the court of any type are not permitted. H. The court does not accept faxes and does not have a fax number. I. Calls to the part clerk are strongly discouraged except in the case of a real emergency. J. Calls or emails to chambers for any reason are not permitted without leave of court. K. Virtual meetings, conferences, etc. are not available, excepting pro se/ADA accommodations. L. Participating in streamed proceedings does not constitute an appearance before the court. | 5 | ["communication-preferences", "courtroom-procedures"] | [] | 1 | New York | supreme | part_rules |
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CREATE TABLE provisions (
provision_id TEXT PRIMARY KEY,
doc_id INTEGER REFERENCES documents(doc_id),
judge_id TEXT REFERENCES judges(judge_id),
rule_number TEXT,
title TEXT,
text TEXT,
source_page INTEGER,
topics TEXT,
cross_references TEXT,
judicial_district INTEGER,
county TEXT,
court_type TEXT DEFAULT 'supreme',
doc_type TEXT DEFAULT 'part_rules'
);