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-010,75,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