Provisions

Individual rule provisions extracted from part rules documents

Data license: Government edicts — not subject to copyright · Data source: nycourts.gov

12 rows where county = "Westchester", judge_id = "NY-SC-9JD-HYER" and judicial_district = 9

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  • Westchester · 12 ✖
provision_id ▼ doc_id judge_id rule_number title text source_page topics cross_references judicial_district county court_type doc_type
HYER-001 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER C Communications with the Court All correspondence to the Court must bear the full Title and Index Number of the action and indicate that a copy was sent to all other counsel simultaneously with transmittal to the Court. Correspondence addressing substantive non-procedural issues, such as adjournments, will not be considered absent approval. Correspondence to the Court shall be transmitted by NYSCEF only. Telephone calls are permitted only in urgent situations. E-Mails to the Court's staff are to be avoided whenever possible.   ["communication-preferences", "e-filing"] [] 9 Westchester supreme part_rules
HYER-002 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER D E-Filing Rules and Protocol Counsel and self-represented litigants shall familiarize themselves with the statewide E-Filing Rules and the Joint Protocols for Westchester County. Working copies of all legal papers which require judicial action are not required, except in motions with large records to be reviewed. All working copies must include a copy of the NYSCEF Confirmation Notices and shall be submitted to Chambers within twenty-four (24) hours of e-filing.   ["e-filing", "courtesy-copies"] ["22 NYCRR 202.5-b", "22 NYCRR 202.5-bb"] 9 Westchester supreme part_rules
HYER-003 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER E.b Adjournment of Conferences A request to adjourn a conference must be made in writing, by NYSCEF ONLY, at least two (2) full business days in advance of the scheduled conference, unless there is an emergency. All applications for adjournments must set forth: (1) The reason why an adjournment is necessary; (2) Whether the opposing part(ies) consent(s) or object(s); (3) The length of the adjournment sought or, if on consent, three (3) dates and times all parties are available.   ["adjournments", "conference-procedures"] [] 9 Westchester supreme part_rules
HYER-004 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER E.c Preliminary Conferences At the Preliminary Conference, the Court will set specific dates for completion of various items of discovery, the date by which all disclosure must be completed, and the dates for a Compliance Conference and Settlement Conference. All counsel and self-represented litigants are expected to abide by, and comply with, the Court's discovery schedule and deadlines. No modifications of the dates set by the Court are permitted, except by Court Order.   ["preliminary-conference", "discovery-scheduling", "scheduling-orders"] ["22 NYCRR 202.20-e"] 9 Westchester supreme part_rules
HYER-005 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER E.d Discovery Disputes Parties who have a discovery dispute shall not wait until the Compliance Conference to bring such dispute to the Court's attention. Counsel must discuss, in good faith, the claimed non-compliance. A pro forma letter does not constitute a good faith effort. There must be actual, substantive communication between counsel, either telephonically or in writing. The parties are not to copy the Court on correspondence between counsel concerning discovery issues.   ["discovery-disputes", "depositions"] ["22 NYCRR 202.7", "22 NYCRR 221.1", "22 NYCRR 221.2"] 9 Westchester supreme part_rules
HYER-006 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER E.e Compliance Conferences At least twenty-four (24) hours prior to any scheduled Compliance Conference, counsel shall file deficiency notices setting forth with specificity any alleged discovery deficiencies, as the failure to do so may result in a waiver and/or preclusion. At the Compliance Conference, the Court will ensure that discovery is proceeding as scheduled, or has been completed, so that the Court can direct a date by which a Notice of Issue shall be filed.   ["compliance-conference", "note-of-issue"] [] 9 Westchester supreme part_rules
HYER-007 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER E.f Settlement Conferences Per diem counsel are not permitted. Counsel attending the Settlement Conference must be fully familiar with the action and authorized to discuss all factual and legal issues, settlement demands or offers, witness scheduling, and trial procedure. Counsel must be authorized to enter into binding settlements. Counsel/self-represented litigants must exchange settlement proposals at least forty-eight (48) hours in advance of the Settlement Conference.   ["settlement-conferences", "conference-procedures"] [] 9 Westchester supreme part_rules
HYER-008 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER E.g Pre-Trial Conferences At the Pre-Trial Conference, the Court shall be provided with a Trial Notebook containing: marked pleadings; copies of all prior Decisions or Orders; a fully executed Stipulation of relevant facts not in dispute; forensic reports, appraisals and evaluations; CPLR 3101(d) expert witness disclosures; an exhibit list and pre-marked exhibits (Plaintiff numbered, Defendant lettered, exchanged at least seven (7) business days prior); a List of Witnesses; Joint Statement of Proposed Disposition; Child and Spousal Support Worksheets if applicable; Updated Statements of Net Worth.   ["pre-trial-conference", "exhibits", "matrimonial"] ["CPLR 3101(d)"] 9 Westchester supreme part_rules
HYER-009 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER F Motions in Limine Any applications addressing the preclusion of evidence, testimony or other trial related matters shall be brought to the attention of the Court immediately upon counsel becoming aware of such matter and at the latest, must be in writing and made returnable on the day of the Pre-Trial Conference. Such motions must be made on no less than seven (7) days' notice. No reply submissions may be made.   ["hearing-procedures", "trial-procedures"] [] 9 Westchester supreme part_rules
HYER-010 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER G Motions/Orders to Show Cause Parties may only file motions and cross motions by Order to Show Cause. ALL MOTIONS, EXCEPT IN EMERGENCIES, REQUIRE COURT APPROVAL PRIOR TO BEING FILED. Absent express permission, briefs/memoranda of law are limited to twenty (20) pages each, and affirmations and affidavits are limited to fifteen (15) pages each. Sur-Reply papers are not permitted.   ["hearing-procedures", "page-limits", "briefing-schedule"] [] 9 Westchester supreme part_rules
HYER-011 Individual Part Rules of Justice James L. Hyer (English) 148 NY-SC-9JD-HYER V Alternative Dispute Resolution / Mediation It is the policy of the Unified Court System to encourage the resolution of civil legal disputes by methods including mediation, arbitration, neutral evaluation, in-court settlement practices, and summary jury trials. The following types of cases are subject to Presumptive Mediation in Westchester County Supreme Court: Matrimonial cases involving W-2 employees with issues of maintenance, child support, and equitable distribution; and Post Judgment cases.   ["mediation", "matrimonial"] [] 9 Westchester supreme part_rules
HYER-SP-001 Individual Part Rules of Justice James L. Hyer (Spanish Translation) 149 NY-SC-9JD-HYER NOTE Unofficial Spanish Translation Notice ****TRADUCCION EN ESPAÑOL NO ES OFICIAL**** This document is the unofficial Spanish-language translation of Justice James L. Hyer's Individual Part Rules for the Supreme Court of the State of New York, County of Westchester. All substantive rules are identical to the English version.   ["part-rules"] ["PR_JLHyer.txt"] 9 Westchester 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'
);