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-JHO-UNIFORM"

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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-JHO-UNIFORM-001 Uniform Rules of the Judicial Hearing Officers and Special Referees — References to Hear and Report and to Hear and Determine 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 Uniform Rules of the Judicial Hearing Officers and Special Referees — References to Hear and Report and to Hear and Determine 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 Uniform Rules of the Judicial Hearing Officers and Special Referees — References to Hear and Report and to Hear and Determine 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 Uniform Rules of the Judicial Hearing Officers and Special Referees — References to Hear and Report and to Hear and Determine 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 Uniform Rules of the Judicial Hearing Officers and Special Referees — References to Hear and Report and to Hear and Determine 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 Uniform Rules of the Judicial Hearing Officers and Special Referees — References to Hear and Report and to Hear and Determine 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 Uniform Rules of the Judicial Hearing Officers and Special Referees — References to Hear and Report and to Hear and Determine 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 Uniform Rules of the Judicial Hearing Officers and Special Referees — References to Hear and Report and to Hear and Determine 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 Uniform Rules of the Judicial Hearing Officers and Special Referees — References to Hear and Report and to Hear and Determine 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 Uniform Rules of the Judicial Hearing Officers and Special Referees — References to Hear and Report and to Hear and Determine 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

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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'
);