Provisions

Individual rule provisions extracted from part rules documents

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

4 rows where judge_id = "NY-SC-1JD-SCHUMACHER-P23" 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-SCHUMACHER-P23-001 Rules of Part 23 (Hon. Eric Schumacher) 33 NY-SC-1JD-SCHUMACHER-P23 I Overview A. The Supreme Court's Uniform Rules of the Justices apply in this part. Where the Part 23 Rules supplement or differ from the Uniform Rules, unless otherwise indicated, the Part 23 Rules shall control. B. This part uses customized conference forms. You must obtain them from the part clerk by email or in person. Only barcoded forms generated by the part clerk for your case and conference date will be accepted. C. Typically, the court conducts discovery conferences and oral arguments on Wednesdays, beginning at 9:30 a.m. and 2:15 p.m., respectively. D. All appearances before the court shall be in person. 1 ["part-rules", "conference-procedures", "appearances"] [] 1 New York supreme part_rules
NY-SC-1JD-SCHUMACHER-P23-002 Rules of Part 23 (Hon. Eric Schumacher) 33 NY-SC-1JD-SCHUMACHER-P23 II Discovery Conferences A. You shall obtain your case conference form from the folder on the bulletin board in the hallway. Complete the form with all parties and place the form in the intake bin located in the courtroom behind the bar. All parties must be present for the case to be heard when called. B. You are strongly encouraged to complete the conference form with all parties prior to your scheduled conference time. Email the part clerk to obtain your custom form. Proposed compliance and status conference orders submitted in advance and in lieu of in-person appearances are not permitted. All parties shall meet and confer at least three days before any conference. C. Every attorney appearing must be fully prepared to discuss the details of the underlying action and have a working knowledge of any material issues. Failure to comply may result in a default (22 NYCRR § 202.1[f]). D. Scheduled EBTs may NOT be adjourned without leave of court. E. Post-EBT demands shall be served within 10 days of the completion of the EBT. Responses are due within 30 days of service of the demand. F. If a defendant fails to appear for an EBT, the next scheduled EBT must proceed. G. Plaintiff's IMEs must be designated within 10 days of the completion of plaintiff's EBT. IMEs must be held within 60 days of receipt of the notice of IME. Copies of the report shall be exchanged within 45 days of the exam. H. Impleader shall be completed on or before 120 days after the preliminary conference unless good cause is shown by notice of motion. I. 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 (see 22 NYCRR § 202.27). J. Any requests for adjournments of conferences must be made at least 48 hours prior to the scheduled appearance by stipulation both filed to NYSCEF and emailed to the part clerk. L. You are not to file the certificate of readiness and note of issue without first filing a stipulation, or receiving an order, that all discovery is complete. M. You may… 1 ["discovery-scheduling", "conference-procedures", "adjournments", "depositions", "note-of-issue", "certificate-of-readiness"] ["22NYCRR \u00a7 202.1(f)", "22NYCRR \u00a7 202.27", "CPLR 3214(b)"] 1 New York supreme part_rules
NY-SC-1JD-SCHUMACHER-P23-003 Rules of Part 23 (Hon. Eric Schumacher) 33 NY-SC-1JD-SCHUMACHER-P23 III Motions A. For all motions pending in the submissions part, you must follow that part's rules regarding adjournments, scheduling, and withdrawals. B. This is a paperless e-filing part; NYSCEF is used for all filings. C. You must file all documents under separate document numbers with meaningful names. Format all papers in compliance with 22 NYCRR § 202.70(g) Rule 6 (Commercial Division). Hyperlinking is required. Legal arguments in memoranda of law only, filed separately from affirmations. Each deposition transcript as a separate exhibit with a word index. References to deposition testimony must cite exact page and line numbers. D. All applications for admission pro hac vice shall be made by notice of motion. E. OSC procedure: Questions regarding e-filing proposed OSCs must be directed to the ex parte office, (646) 386-3125. 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. Discovery motions are strongly discouraged. Discovery motions may only be filed with leave of court set forth in a discovery conference order. Any affirmation of good faith must affirm that the court granted leave after attempting to resolve the dispute at a discovery conference. G. Summary Judgment Motions: All summary judgment motions must be filed within 60 days of the filing of the note of issue. The affirmation in support must include the note of issue filing date and annex a copy of the certificate of readiness and note of issue. H. Discovery is not automatically stayed pending the determination of any motions. I. 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. 3 ["briefing-schedule", "hearing-procedures", "summary-judgment", "e-filing", "oral-argument", "discovery-disputes"] ["22NYCRR \u00a7 202.70(g)", "22NYCRR \u00a7 202.7", "CPLR 3212(f)", "CPLR 3214(b)", "CPLR 321(b)(2)", "CPLR 308", "CPLR 311"] 1 New York supreme part_rules
NY-SC-1JD-SCHUMACHER-P23-004 Rules of Part 23 (Hon. Eric Schumacher) 33 NY-SC-1JD-SCHUMACHER-P23 IV Communications A. You may email the part clerk for adjournments or as indicated in these rules. B. If a motion has been withdrawn or a case settled or discontinued, the responsible party must immediately notify the part clerk by email. C. You may email the part clerk jointly to request a settlement conference. All parties must have agreed to the conference and every party must have full settlement authority. D. You must email the part clerk filed requests to so-order. Mere NYSCEF filing is insufficient. E. Other types of email to the part clerk are not permitted without leave of court. F. Other types of correspondence such as letters or in-person paper submissions are not permitted without leave of court. 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 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. 6 ["communication-preferences", "settlement-conferences", "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'
);