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-JHO-UNIFORM-001,35,NY-SC-1JD-JHO-UNIFORM,1,E-Filing,"Cases before a JHO/Referee may be e-filed matters since many cases in this court are subject to mandatory e-filing. In e-filed cases, counsel filing memoranda or other documents for the assigned JHO/Referee shall do so by filing same with NYSCEF. When counsel is e-filing a document intended for action by the JHO/Special Referee, the filer shall select in NYSCEF the designation 'Document Related to Existing Motion' and input the Sequence Number. Working copies of e-filed documents need not be delivered to the JHO/Referee unless otherwise directed. In all e-filed cases in which the proceedings before the JHO/Referee are transcribed, it shall be the responsibility of counsel to upload the transcript to the NYSCEF system and redact confidential information. Counsel shall email the Special Referee assigned to the reference whenever any papers relating to the reference are e-filed.",1,"[""e-filing"", ""service""]","[""GBL 399-ddd(6)"", ""Uniform Rule 202.5(e)""]",1,New York,supreme,uniform_rules
NY-SC-1JD-JHO-UNIFORM-002,35,NY-SC-1JD-JHO-UNIFORM,2,Hearings,"The subject of the hearing shall be limited precisely to the issue or issues referred as set forth in the Order of Reference. The hearing will be conducted in the same manner as a trial before a Justice without a jury (CPLR 4318, 4320(a)) (the proceeding will be recorded by a court reporter, the rules of evidence apply, etc.) Unless otherwise directed by the JHO/Special Referee for good cause shown, hearings shall proceed from day to day until completion and counsel shall arrange their schedules and those of their witnesses accordingly.",1,"[""trial-procedures"", ""scheduling-orders""]","[""CPLR 4318"", ""CPLR 4320(a)""]",1,New York,supreme,uniform_rules
NY-SC-1JD-JHO-UNIFORM-003,35,NY-SC-1JD-JHO-UNIFORM,3,Prehearing Conferences,"(a) Where the Order of Reference directs that a prehearing conference be held, the conference shall be conducted on the first appearance before the assigned JHO/Referee. Where parties are represented by counsel, at the discretion of the JHO/Referee, the parties need not appear for the conference, but must be available by telephone. At the conference, the JHO/Referee shall consider simplification and limitation of the issues; obtaining admissions of fact; disposition of the action; limitation of number of expert witnesses; compliance with the Order of Reference; and settlement discussions. Only attorneys fully familiar with the action and authorized to make binding stipulations will be permitted to appear.
(b) After consultation with counsel, the JHO/Referee shall set hearing dates at the prehearing conference. No adjournment of the commencement of the hearing shall be granted except for compelling reasons and upon approval of the JHO/Referee and the referring Justice.",2,"[""conference-procedures"", ""pre-trial-conference"", ""scheduling-orders""]","[""Section 202.26 Uniform Rules""]",1,New York,supreme,uniform_rules
NY-SC-1JD-JHO-UNIFORM-004,35,NY-SC-1JD-JHO-UNIFORM,4,Adjournments,"All dates set by the JHO/Special Referee for hearings, trials, the submission of memoranda, and the like are final and may not be adjourned except with the approval of the JHO/Referee for good cause shown. Applications for adjournment shall be made by submission of a written application or orally on a conference call with all counsel and the JHO/Referee. If counsel seeks an adjournment on the ground of actual engagement elsewhere, the application shall be supported by an affidavit of actual engagement in compliance with Part 125 of the Rules of the Chief Administrator. Written applications for adjournment and Part 125 affidavits shall be submitted to the JHO/Referee by filing with NYSCEF at least 24 hours prior to the appearance scheduled.",2,"[""adjournments"", ""deadlines""]","[""Part 125 Rules of the Chief Administrator""]",1,New York,supreme,uniform_rules
NY-SC-1JD-JHO-UNIFORM-005,35,NY-SC-1JD-JHO-UNIFORM,5,Communications Between Counsel,"Attorneys shall not transmit to the JHO/Referee copies of correspondence or e-mail messages between counsel, unless otherwise directed.",2,"[""communication-preferences"", ""attorney-conduct""]",[],1,New York,supreme,uniform_rules
NY-SC-1JD-JHO-UNIFORM-006,35,NY-SC-1JD-JHO-UNIFORM,6,Motions,"(a) Motion practice before the JHO/Special Referee must fall within the scope of the Order of Reference.
(b) Dispositive motions on a reference to hear and report shall generally be decided by the referring Justice; dispositive motions on a reference to hear and determine shall be decided by the assigned JHO/Special Referee.
(c) Non-dispositive motions that fall within the scope of the Order of Reference shall be decided by the assigned JHO/Special Referee.
(d) Informal Non-Dispositive Motion Process: Unless otherwise directed, the moving party shall attempt to resolve non-dispositive motion practice informally through a telephone conference or virtual conference with the JHO/Special Referee by written notice to the JHO/Special Referee and all parties. The parties may submit short letters (no briefs, affirmations, or sworn affidavits to be filed) prior to the conference. Telephone or virtual conferences will not be recorded or transcribed.
(e) Procedure for Making Motions: Unless the referring Justice directs otherwise, the parties shall schedule a phone or virtual conference with the Special Referee/JHO to set the procedure for filing a formal motion.",3,"[""hearing-procedures"", ""briefing-schedule""]",[],1,New York,supreme,uniform_rules
NY-SC-1JD-JHO-UNIFORM-007,35,NY-SC-1JD-JHO-UNIFORM,7,Resolutions and Settlements,"If a referred issue has been resolved or if the entire case is settled, or if there are other developments in the case that affect the reference, counsel shall immediately notify the JHO/Special Referee by emailing the JHO/Referee, and then following whatever direction is given by the JHO/Referee under the circumstances.",4,"[""communication-preferences"", ""settlement-conferences""]",[],1,New York,supreme,uniform_rules
NY-SC-1JD-JHO-UNIFORM-008,35,NY-SC-1JD-JHO-UNIFORM,8,Post-Hearing and Post-Trial Memoranda,"The schedule for the submission of post-hearing and post-trial memoranda and the length thereof shall be set by the JHO/Referee by no later than the date of the final appearance. Unless otherwise directed, no opposition or reply memoranda shall be submitted. If such memoranda are submitted in violation of this rule, they will be ignored.",4,"[""briefing-schedule"", ""deadlines""]",[],1,New York,supreme,uniform_rules
NY-SC-1JD-JHO-UNIFORM-009,35,NY-SC-1JD-JHO-UNIFORM,9,Ex Parte Communications,The JHO/Referee will not entertain ex parte communications except when such communications would be permitted if made to a Justice of the court.,4,"[""communication-preferences""]",[],1,New York,supreme,uniform_rules
NY-SC-1JD-JHO-UNIFORM-010,35,NY-SC-1JD-JHO-UNIFORM,10,Reports and Determinations,"When a report or determination is issued by a JHO/Referee in an e-filed case, it will be filed with the Clerk of the court by posting to the NYSCEF system. The Special Referee Clerk will make a notation of the issuance in CCIS, which will generate an e-mail notification to attorneys who have subscribed to e-Track for that case. Reports and determinations will be posted in the Supreme Court Records On-Line Library, except in matrimonial and guardianship cases, cases under seal, or cases in which the JHO or Referee directs that such posting not be made.",4,"[""e-filing"", ""courtroom-procedures""]",[],1,New York,supreme,uniform_rules
NY-SC-1JD-UNIFORM-001,37,NY-SC-1JD-UNIFORM-JUSTICES,I,Public Access On-Line Project (Scroll) — Redaction and Access,"Rule A-1: Attorneys filing documents with the County Clerk or the Court shall omit or redact from such documents confidential personal information as provided in Uniform Rule 202.5(e).
Rule A-2: A party who claims that the availability of a document in the Scroll system may cause harm may apply to the Court for a directive restricting access.
Rule A-3: Where the Court grants a request to limit access, the directive shall take the form of an administrative direction to staff that the document not be included in or be deleted from the Scroll database.",1,"[""e-filing"", ""filing""]","[""Uniform Rule 202.5(e)""]",1,New York,supreme,uniform_rules
NY-SC-1JD-UNIFORM-002,37,NY-SC-1JD-UNIFORM-JUSTICES,II,"General Rules — Appearances, Settlements, Information","Rule 1. Counsel who appear at preliminary conferences must have sufficient familiarity with the case and authority to discuss a discovery schedule and enter into agreements thereto. Counsel who appear at other conferences and at the argument of motions must be familiar with the entire case and fully authorized to enter into agreements on behalf of their clients.
Rule 2. (a) If an action is settled or discontinued, a stipulation shall be submitted promptly to the County Clerk with the appropriate fee and a copy shall be forwarded to the Part. (b) If counsel is changed on consent, a copy of the form shall be filed in the General Clerk's Office (Room 119).
Rule 3. County Clerk data, case history information, and many documents are available on-line in the Supreme Court Records On-Line Library (Scroll) at www.nycourts.gov/supctmanh. Counsel should not telephone Chambers.
Rule 4. Unless indicated otherwise, Justices do not accept papers by fax.",2,"[""appearances"", ""attorney-conduct"", ""communication-preferences""]",[],1,New York,supreme,uniform_rules
NY-SC-1JD-UNIFORM-003,37,NY-SC-1JD-UNIFORM-JUSTICES,III,Conferences and Discovery,"Rule 5. Preliminary Conferences: A preliminary conference will be held within 45 days of assignment of a case to a Justice.
Rule 6. Adjournments of Conferences: The parties may adjourn any preliminary conference once for no more than 21 days by written stipulation to the Part Clerk. Further adjournments will be allowed only with permission of the court for good cause.
Rule 7. Prior to a preliminary or compliance conference, counsel for all parties shall consult one another about resolution of the case and discovery.
Rule 8. Strict compliance with all discovery orders is required. See Kihl v. Pfeffer, 94 N.Y.2d 118 (1999). No extensions of deadlines except with permission of the court for good cause shown.
Rule 9. When a defendant in a personal injury action serves a demand for authorizations together with a demand for a bill of particulars, counsel for plaintiff shall serve the authorizations with the bill.
Rule 10. Prior to making a discovery motion, counsel shall consult one another in a good faith effort to resolve any discovery disputes (see Uniform Rule 202.7).
Rule 11. Expert Disclosure: A party having the burden of proof shall serve a response to an expert demand no later than 30 days prior to the date set for trial. Within 15 days after receipt, any adverse party shall serve its response.
Rule 12. Conferences Regarding Settlement of Actions by Infants: Any proposed infant's compromise must be considered by the court at an appearance in court on the record.",3,"[""preliminary-conference"", ""compliance-conference"", ""conference-procedures"", ""adjournments"", ""discovery-scheduling"", ""discovery-disputes"", ""scheduling-orders""]","[""Uniform Rule 202.19(b)"", ""Uniform Rule 202.7"", ""CPLR 3126"", ""Kihl v. Pfeffer, 94 N.Y.2d 118""]",1,New York,supreme,uniform_rules
NY-SC-1JD-UNIFORM-004,37,NY-SC-1JD-UNIFORM-JUSTICES,IV,Motions,"Rule 13. Motions on Notice: Motions brought by notice of motion shall be made returnable in the General Clerk's Office Motion Submission Courtroom (Room 130). Motions should be brought by order to show cause only in a proper case (CPLR 2214(d)). Opposition papers on OSCs shall be delivered to the Part Clerk at least one business day prior to the return date; reply papers should not be submitted.
Rule 14. Motion Papers: (a) Counsel must attach to motion papers copies of all pleadings and other documents required by the CPLR. Exhibits should be tabbed and legible. (b) Memoranda of law shall not exceed 30 pages each (exclusive of table of contents and table of authorities) and affidavits/affirmations shall not exceed 25 pages each. (c) Sur-reply papers are not provided for by the CPLR and will not be read.
Rule 15. Oral Argument; Adjournments: Argument may be adjourned for good cause; there shall be only one adjournment, for no more than 14 days, unless otherwise directed by the court.
Rule 16. Orders: A copy of any order affecting the caption of a case shall be served on the General Clerk's Office and upon the County Clerk.
Rule 17. Motions for Summary Judgment: A motion for summary judgment shall be made no later than 120 days after the filing of the note of issue, except with leave of court for good cause shown.
Rule 18. Neutral Evaluation Program: City cases and many other cases will be referred to the court's Neutral Evaluation Program (Mediation) after filing of the note of issue.",4,"[""briefing-schedule"", ""page-limits"", ""hearing-procedures"", ""summary-judgment"", ""oral-argument"", ""adjournments"", ""mediation""]","[""CPLR 2214(d)"", ""Uniform Rule 202.48(c)(2)"", ""CPLR 2101(b)""]",1,New York,supreme,uniform_rules
NY-SC-1JD-UNIFORM-005,37,NY-SC-1JD-UNIFORM-JUSTICES,V,Trials,"Rule 19. Pretrial Conference: In cases to be tried in IAS Parts, the court will conduct a pretrial conference at which settlement will be explored and a trial date will be confirmed. Each party must be represented at the pretrial conference by counsel having full knowledge of the case and specific authority to settle.
Rule 20. Trial Schedule in Pure IAS Parts: Trials will be scheduled at least one month in advance. If counsel are not prepared to proceed on the scheduled date, counsel must inform the court within seven days of receiving the firm trial date. Absent extraordinary circumstances, failure to provide such notification will be deemed a waiver.
Rule 21. Pretrial Identification of Exhibits and Deposition Testimony: Counsel shall consult prior to trial and attempt in good faith to agree upon the exhibits and portions of deposition testimony that will be offered into evidence on the direct case without objection.
Rule 22. Marked Pleadings and Other Pre-Trial Submissions: At least ten days prior to trial, counsel shall submit marked pleadings, the bill of particulars, a list of witnesses; and in a jury case, requests to charge, a proposed verdict sheet, and pretrial memoranda.
Rule 23. Subpoenaed Records: Subpoenaed records should be directed to and may be reviewed at the Subpoenaed Records Office, 60 Centre Street, Room 145 M.",6,"[""pre-trial-conference"", ""trial-procedures"", ""witness-lists"", ""exhibits"", ""jury-charges"", ""scheduling-orders""]","[""Uniform Rule 202.33"", ""Uniform Rule 202.26""]",1,New York,supreme,uniform_rules
NY-SC-1JD-UNIFORM-006,37,NY-SC-1JD-UNIFORM-JUSTICES,VI,Matrimonial Rules,"Rule 24. Counsel and client must appear at the preliminary conference, all compliance conferences and the pre-trial conference. Failure to appear may result in costs or sanctions.
Rule 25. Each party is required to submit at the preliminary conference a properly certified net worth statement and a copy of the retainer agreement in accordance with Section 202.16 of the Uniform Rules.
Rule 26. No stipulations of adjournment will be honored without prior approval of the court.
Rule 27. Parties with unemancipated children may be assigned to the P.E.A.C.E. Program.
Rule 28. All cases scheduled for trial must appear for a pre-trial conference. All motions in limine must be presented at this time.
Rule 29. At the pre-trial conference, counsel shall provide: (a) marked pleadings; (b) proposed statement of disposition; (c) child support worksheet (if applicable); (d) updated net worth statement; (e) list of all proposed exhibits; (f) witness list; (g) any expert report not previously provided; (h) pre-trial memoranda; (i) proof of filing of the note of issue.",7,"[""preliminary-conference"", ""pre-trial-conference"", ""adjournments"", ""matrimonial"", ""exhibits"", ""witness-lists""]","[""Section 202.16 Uniform Rules""]",1,New York,supreme,uniform_rules
NY-SC-1JD-UNIFORM-007,37,NY-SC-1JD-UNIFORM-JUSTICES,VII,Eminent Domain,"Rule 30. Index Numbers for Fee Claims: Within sixty days from the expiration of the time set forth pursuant to EDPL 503(B) for filing written claims, condemnor shall obtain an index number for each of the fee claims on file with the court and notify the claimant of the index number assigned.
Rule 31. Index Numbers for Fixture Claims: Within six months after appraisals of fixtures have been exchanged pursuant to Uniform Rule § 202.61(a)(1), condemnor shall obtain an index number for each individual claim for which an appraisal has been exchanged.
Rule 32. Submission and Filing of Appraisal Reports: Within the nine-month period for filing of appraisals, the parties may agree by stipulation to a direct exchange of appraisals without filing copies with the court, extendable by further stipulation for no more than an additional nine months.
Rule 33. Index Numbers for Other Matters: If the condemnor seeks relief against a person who has not filed a claim, the condemnor shall commence a special proceeding or action as may be appropriate.",8,"[""tax-certiorari"", ""scheduling-orders"", ""deadlines""]","[""EDPL 503(B)"", ""Uniform Rule \u00a7 202.61""]",1,New York,supreme,uniform_rules