provisions: NY-SC-1JD-MOYNE-010

Individual rule provisions extracted from part rules documents

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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-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