Provisions

Individual rule provisions extracted from part rules documents

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

10 rows where judge_id = "NY-SC-1JD-MOYNE" and judicial_district = 1

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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-MOYNE-001 Part 41 Rules – Hon. Nicholas W. Moyne 75 NY-SC-1JD-MOYNE 1 Contacting the Court No ex parte communications are permitted. This includes any/all emails and phone calls. All parties to an action must be included in any communications with the court. The Part Clerk is unable to accept deliveries or answer emails or phone calls between 1:00 and 2:15 P.M. or after 4:00 P.M. Emails to the court should have the index number of the action at the beginning of the subject line. Disputed issues arising in the course of an action shall not be litigated via letter or email, but only via a properly noticed motion or at a duly scheduled conference. No attorney or unrepresented party shall send letters or emails to the court unless expressly permitted by these Part Rules or requested by the court, except to contact the Part Clerk (i) with respect to scheduling or logistical issues, (ii) to inform the Part Clerk that a motion is being withdrawn or that an action has been settled or discontinued, or (iii) to request a ruling in the course of a deposition. No attorney or unrepresented party shall discuss the merits of their case in emails or telephone calls to the Part Clerk. Documents requiring Justice Moyne's signature, including proposed orders and stipulations, must be electronically filed and a Microsoft Word version with electronic signatures emailed to the Part Clerk. The parties are advised that Chambers and the part clerk are not automatically notified when documents or correspondence are filed on NYSCEF or E-Courts.   ["communication-preferences", "e-filing", "depositions"] [] 1 New York supreme part_rules
NY-SC-1JD-MOYNE-002 Part 41 Rules – Hon. Nicholas W. Moyne 75 NY-SC-1JD-MOYNE 2 Motions Until further notice, oral argument shall be held on all opposed motions, as well as all motions to be relieved as counsel. Counsel should anticipate that oral arguments on motions will be on the record and that the Judge may rule or partially rule on the motion from the bench. Motions to be relieved as counsel should be made by Order to Show Cause. A motion or special proceeding shall only be initiated by order to show cause where required by statute, these rules, or where emergency interim relief is sought. All proposed orders to show cause shall include a provision for the service of responsive papers. No reply papers shall be permitted in connection with motions or special proceedings initiated by order to show cause, except by express permission of the court. Please do not contact the court with inquiries regarding the status of a decision on a motion unless the matter is time sensitive.   ["hearing-procedures", "part-rules"] ["CPLR 321(b)(2)", "CPLR 5015(a)", "22 NYCRR Rule 13(b)"] 1 New York supreme part_rules
NY-SC-1JD-MOYNE-003 Part 41 Rules – Hon. Nicholas W. Moyne 75 NY-SC-1JD-MOYNE 3 Adjournments If the parties stipulate to adjourn the initial return date of a motion initiated by notice of motion, they shall upload a signed written stipulation to the NYSCEF system. If the agreed upon return date is more than 60 days after the initial return date, the judge's signature shall be required, but the Motion Support Office will forward the uploaded stipulation to the court for signature. If one party seeks an adjournment but the other party refuses to stipulate, the party seeking the adjournment may submit a written request to the court by emailing it to SFC-Part41-Clerk@nycourts.gov. Adjournment Requests should be made a minimum of 3 business days before the next appearance. If no response is given, then the request is denied.   ["adjournments", "scheduling-orders"] [] 1 New York supreme part_rules
NY-SC-1JD-MOYNE-004 Part 41 Rules – Hon. Nicholas W. Moyne 75 NY-SC-1JD-MOYNE 4 Stipulations Other Than for Adjournments Stipulations of discontinuance signed by attorneys for all parties shall be uploaded to NYSCEF and emailed to the part clerk. Stipulations of discontinuance signed by fewer than all parties' attorneys shall be uploaded to NYSCEF and mailed or emailed to the Part Clerk with a request that the court so order the stipulation. Stipulations to amend the caption in an action shall be uploaded to NYSCEF and emailed to the Part Clerk with a request that the court so order the stipulation. After the court so orders the stipulation, one of the parties, within 15 days of entry, shall serve a copy upon the Trial Support Office and separately file the notice required by CPLR 8019(c) on Form EF-22.   ["case-management", "e-filing"] ["CPLR 8019(c)"] 1 New York supreme part_rules
NY-SC-1JD-MOYNE-005 Part 41 Rules – Hon. Nicholas W. Moyne 75 NY-SC-1JD-MOYNE 5 So-Ordered Subpoenas If an attorney or unrepresented party seeks a so-ordered subpoena, the proposed subpoena shall be uploaded to NYSCEF and mailed or emailed to the Part Clerk with a request that the court so order the subpoena. All requests for a so-ordered subpoena shall be accompanied by a brief statement indicating the need for the subpoena to be so-ordered and why such discovery is appropriate. If the court signs the subpoena, the signed copy will not be uploaded to NYSCEF but shall be emailed to the requesting attorney or retrieved in the courtroom.   ["discovery-scheduling", "e-filing"] [] 1 New York supreme part_rules
NY-SC-1JD-MOYNE-006 Part 41 Rules – Hon. Nicholas W. Moyne 75 NY-SC-1JD-MOYNE 6 Discovery Conferences and Disputes Unless otherwise directed by the court, forms for preliminary conference orders, compliance conference orders, and status conference orders shall be provided by the court to the plaintiff, who shall confer with the defendants, upon which the parties shall agree upon the terms and contents of the order. The plaintiff shall fill out the proposed discovery conference order and email the completed proposed discovery order to the Part Clerk. The parties shall not upload any proposed discovery conference order to NYSCEF. If the parties cannot agree, they shall request a conference by contacting the Part Clerk. Discovery disputes shall not be litigated via telephone, letters, or email, except in the case of requests for rulings in the course of depositions. Rather, such disputes shall be resolved via a remote conference or a properly noticed motion. NOTE THAT NO DISCOVERY MOTIONS ARE PERMITTED WITHOUT EXPRESS PERMISSION FROM THE COURT.   ["discovery-disputes", "preliminary-conference", "compliance-conference", "depositions", "discovery-scheduling"] ["22 NYCRR 202.8(f)", "22 NYCRR 202.20-f(b)"] 1 New York supreme part_rules
NY-SC-1JD-MOYNE-007 Part 41 Rules – Hon. Nicholas W. Moyne 75 NY-SC-1JD-MOYNE 7 Trial Conference The Court will conduct a conference immediately before trial of every case. The attorneys who appear at the conference must be knowledgeable of the case and must have settlement authority as well as authority to enter binding stipulations. At any pretrial conference, counsel shall alert the Court of: (i) the proposed schedule for the appearance of witnesses and any scheduling conflicts; (ii) the need for an interpreter; (iii) any other special needs; (iv) necessary court-ordered subpoenas; and (v) any evidentiary issues that ought to be addressed before trial. Counsel shall submit motions in limine and trial memoranda in writing to the court as directed but not later than the first day of jury selection. Witnesses: Counsel shall provide to the court a list of potential witnesses in order in which they intend to call them at trial, including expert witnesses.   ["pre-trial-conference", "trial-procedures", "trial-settings"] [] 1 New York supreme part_rules
NY-SC-1JD-MOYNE-008 Part 41 Rules – Hon. Nicholas W. Moyne 75 NY-SC-1JD-MOYNE 8 Trial Unless otherwise directed by the Court, all attorneys must be present in court by 9:30 AM. The morning session will run from 9:30 A.M. to approximately 12:55 P.M. Lunch will be from 1:00 P.M. to 2:00 P.M. The afternoon session will run from 2:15 P.M. to approximately 4:45 PM. Exhibits: Counsel shall pre-mark all exhibits in the order in which they intend to introduce them at trial. Plaintiffs will number their exhibits; defendants will letter their exhibits. On the first day of trial, each party will provide the court reporter with the exhibits to be officially marked. Subpoenaed Records: It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Records Room. Proposed Jury Charges and Verdict Sheets: The parties shall submit preliminary proposed verdict sheets and requests to charge, citing the current PJI sections, preferably before the commencement of trial but not later than the start of the second day. All proposed jury charges and proposed verdict sheets shall be emailed to the Court in an editable MS Word format. If counsel relies on a Pattern Jury Instruction without change, it should be referred to by PJI number and topic only. Trial Objections and Arguments: Speaking objections are not permitted in the presence of the jury. To make a trial objection, counsel should stand and say the word 'objection,' and only if possible without suggesting a response to the witness, also may briefly state the grounds. Certifying Experts: The Court does not certify witnesses as experts. Counsel must retrieve their trial exhibits within seven days of the trial's conclusion. Any exhibit left with the court for more than fourteen days is subject to destruction without any further notice.   ["trial-procedures", "exhibits", "trial-settings", "courtroom-procedures"] [] 1 New York supreme part_rules
NY-SC-1JD-MOYNE-009 Part 41 Rules – Hon. Nicholas W. Moyne 75 NY-SC-1JD-MOYNE 9 Settlement Conferences Upon request of the parties, the court will meet with the parties' attorneys for a settlement conference. The court will only schedule a settlement conference if there has been a demand made by the plaintiff and an offer made by the defendant prior to the conference. In medical and dental malpractice actions, the court will not schedule a settlement conference if a defendant's insurance policy requires the consent of an individual physician or dentist to settle the action, and that physician or dentist has not yet consented. In the case of an unrepresented party, the court will not speak separately to the plaintiff and the defendants in the course of a settlement conference. With very rare exceptions, the Judge will not speak to a represented litigant directly about settlement.   ["settlement-conferences"] [] 1 New York supreme part_rules
NY-SC-1JD-MOYNE-010 Part 41 Rules – Hon. Nicholas W. Moyne 75 NY-SC-1JD-MOYNE 10 Death or Incapacity If an attorney learns that his or her client has died, the attorney shall forthwith notify the Part Clerk of the client's death and the date of death, if known, and upload a death certificate to NYSCEF when available. If an attorney learns that an adversary of his or her client has died and has yet to be informed of that fact by the adversary's attorney, that attorney shall forthwith notify his or her adversary's attorney and the Part Clerk thereof. Upon the death of a party, the action is automatically stayed by operation of law as of the date of death, and any proceedings taken, or orders issued after the date of death are nullities. The court nonetheless will issue an order memorializing the stay. If an attorney at any point during the course of the litigation comes to believe that his or her client is incapacitated and unable to effectively assist in the prosecution or defense of the action, the attorney shall notify the court and the opposing attorney immediately.   ["case-management", "part-rules"] [] 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'
);