Provisions

Individual rule provisions extracted from part rules documents

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

15 rows where county = "Westchester", judge_id = "NY-SC-9JD-TORRENT" and judicial_district = 9

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  • Westchester · 15 ✖
provision_id ▼ doc_id judge_id rule_number title text source_page topics cross_references judicial_district county court_type doc_type
TORRENT-001 Individual Part Rules – Hon. Damaris E. Torrent, IAS Part 28 128 NY-SC-9JD-TORRENT I.A Correspondence The Court does not accept papers of any kind by fax transmission. Copies of letters, stipulations, affidavits/affirmations, or other correspondence shall be e-mailed to the Secretary, Court Clerk, and Law Clerk with a copy to all counsel. Correspondence must also be uploaded to NYSCEF or, in non-e-filed cases, filed with the County Clerk and mailed to Chambers.   ["communication-preferences", "e-filing"] [] 9 Westchester supreme part_rules
TORRENT-002 Individual Part Rules – Hon. Damaris E. Torrent, IAS Part 28 128 NY-SC-9JD-TORRENT I.B Conferences All cases with no Note of Issue filed are scheduled for Preliminary and Compliance Conferences on Tuesdays via Microsoft Teams (Meeting ID: 271 644 928 536). Settlement Conferences are scheduled approximately 180 days after Note of Issue filing and are conducted in person in Courtroom 800 on Wednesdays.   ["conference-procedures", "preliminary-conference", "compliance-conference", "settlement-conferences", "remote-hearings"] [] 9 Westchester supreme part_rules
TORRENT-003 Individual Part Rules – Hon. Damaris E. Torrent, IAS Part 28 128 NY-SC-9JD-TORRENT I.C Appearances by Counsel with Knowledge and Authority All counsel appearing must be familiar with the case and fully authorized to enter into agreements on substantive and procedural matters. Attorneys appearing of counsel and self-represented parties are held to the same requirements. Failure to comply may be regarded as a default.   ["attorney-conduct", "conference-procedures"] [] 9 Westchester supreme part_rules
TORRENT-004 Individual Part Rules – Hon. Damaris E. Torrent, IAS Part 28 128 NY-SC-9JD-TORRENT I.D Settlements and Discontinuances If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the Court by letter with a copy of the Stipulation of Discontinuance, and file via NYSCEF. The Court will not mark any matter settled absent compliance with these instructions.   ["settlement-conferences", "case-management"] [] 9 Westchester supreme part_rules
TORRENT-005 Individual Part Rules – Hon. Damaris E. Torrent, IAS Part 28 128 NY-SC-9JD-TORRENT I.E Conduct of Parties and Counsel All parties and counsel are expected to conduct themselves appropriately in all in-court and virtual proceedings. Personal attacks will not be tolerated and may result in sanctions.   ["attorney-conduct", "courtroom-procedures"] [] 9 Westchester supreme part_rules
TORRENT-006 Individual Part Rules – Hon. Damaris E. Torrent, IAS Part 28 128 NY-SC-9JD-TORRENT I.F Ex Parte Communications Ex parte communications are strictly prohibited except upon consent of all counsel, for scheduling matters, presentation of orders to show cause for signature, or where otherwise permitted by law. All prohibited ex parte communications may be disregarded without notice.   ["communication-preferences", "attorney-conduct"] [] 9 Westchester supreme part_rules
TORRENT-007 Individual Part Rules – Hon. Damaris E. Torrent, IAS Part 28 128 NY-SC-9JD-TORRENT I.H Scheduling and Adjournments Requests to adjourn a scheduled appearance must be submitted at least two days prior to the scheduled date and must state: (1) the scheduled appearance date; (2) whether previously adjourned; (3) whether all parties consent; and (4) at least three proposed adjourned dates on the appropriate day. Adjournment requests based on engagement of counsel must be accompanied by an Affirmation of Engagement per 22 NYCRR § 125.1.   ["adjournments", "scheduling-orders"] ["22 NYCRR \u00a7 125.1"] 9 Westchester supreme part_rules
TORRENT-008 Individual Part Rules – Hon. Damaris E. Torrent, IAS Part 28 128 NY-SC-9JD-TORRENT II E-Filing Rules and Protocol Counsel shall familiarize themselves with statewide E-Filing Rules (22 NYCRR §§ 202.5-b and 202.5-bb) and the Westchester County E-Filing Protocol. All documents in mandatory e-filed cases are to be filed through NYSCEF. All submissions, including proposed orders, judgments, and letters must be electronically filed. Judge Torrent is NOT accepting working copies until further notice.   ["e-filing"] ["22 NYCRR \u00a7 202.5-b", "22 NYCRR \u00a7 202.5-bb"] 9 Westchester supreme part_rules
TORRENT-009 Individual Part Rules – Hon. Damaris E. Torrent, IAS Part 28 128 NY-SC-9JD-TORRENT III.A Discovery Motions No discovery-related motion may be interposed until a pre-motion conference has been requested and held. Making, submission, scheduling, and calendaring of discovery motions are governed by the Westchester Supreme Court Civil Case Management Rules.   ["discovery-disputes", "discovery-scheduling"] ["Westchester Supreme Court Civil Case Management Rules"] 9 Westchester supreme part_rules
TORRENT-010 Individual Part Rules – Hon. Damaris E. Torrent, IAS Part 28 128 NY-SC-9JD-TORRENT III.B Motion Calendar and Appearances All motions made by notice of motion or proceedings commenced by notice of petition shall be made returnable on any Tuesday the Court is in session. Unless otherwise directed, all motions are decided on submission only. A party seeking oral argument may submit a letter application at the time of filing.   ["hearing-procedures", "case-management"] [] 9 Westchester supreme part_rules
TORRENT-011 Individual Part Rules – Hon. Damaris E. Torrent, IAS Part 28 128 NY-SC-9JD-TORRENT III.C Adjournments of Motions No motion shall be considered adjourned unless a member of the Court's staff notifies the parties of the Court's approval. Requests for adjournments received after the scheduled return date may not be considered. Parties must strictly comply with the Westchester Supreme Court Civil Case Management Rules adjournment procedures.   ["adjournments"] ["Westchester Supreme Court Civil Case Management Rules"] 9 Westchester supreme part_rules
TORRENT-012 Individual Part Rules – Hon. Damaris E. Torrent, IAS Part 28 128 NY-SC-9JD-TORRENT III.F No Stay of Discovery There shall be no stay of pretrial discovery resulting from the filing of a motion made pursuant to CPLR 3211 or 3212, unless otherwise ordered by the Court.   ["discovery-scheduling"] ["CPLR 3211", "CPLR 3212"] 9 Westchester supreme part_rules
TORRENT-013 Individual Part Rules – Hon. Damaris E. Torrent, IAS Part 28 128 NY-SC-9JD-TORRENT III.G Form of Papers All motion papers, including orders to show cause, must be legible, typewritten and double-spaced, with all exhibits labeled and affixed with tab markings. Motion papers and all correspondence must indicate the index number assigned to the action.   ["briefing-schedule", "page-limits"] [] 9 Westchester supreme part_rules
TORRENT-014 Individual Part Rules – Hon. Damaris E. Torrent, IAS Part 28 128 NY-SC-9JD-TORRENT IV Trial Practice Rules Prior to trial, counsel must ascertain availability of all witnesses and subpoenaed documents. Upon assignment for trial, counsel must submit to the Law Clerk: marked pleadings and bills of particulars, estimated trial length, witness list, exhibit list, stipulation of undisputed facts, proposed jury verdict sheet and request to charge (jury trials), updated net worth statement (matrimonial actions), statutory provisions relied upon, and all expert witness reports.   ["trial-procedures", "pre-trial-conference", "exhibits", "trial-settings"] [] 9 Westchester supreme part_rules
TORRENT-015 Individual Part Rules – Hon. Damaris E. Torrent, IAS Part 28 128 NY-SC-9JD-TORRENT V Rules Applicable to Virtual Proceedings All rules applicable to in-person proceedings apply equally to virtual proceedings. No party, counsel or witness may make any recording in any virtual proceeding. No person other than counsel may be present in the same room as a party or witness. Counsel must announce intent to engage in private communication with their client. All electronic devices except those used to communicate with the Court must be muted. The 'chat' function shall not be used to communicate during virtual appearances.   ["remote-hearings", "courtroom-procedures"] [] 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'
);