Provisions
Data license: Government edicts — not subject to copyright · Data source: nycourts.gov
13 rows where judge_id = "NY-SC-9JD-EVERETT"
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Suggested facets: cross_references, topics (array), cross_references (array)
topics 13
- ["adjournments", "communication-preferences"] 1
- ["adjournments", "compliance-conference"] 1
- ["attorney-conduct", "conference-procedures"] 1
- ["communication-preferences", "attorney-conduct"] 1
- ["compliance-conference", "discovery-scheduling"] 1
- ["conference-procedures", "preliminary-conference", "compliance-conference"] 1
- ["discovery-disputes"] 1
- ["discovery-scheduling", "compliance-conference"] 1
- ["e-filing"] 1
- ["hearing-procedures", "adjournments"] 1
- ["settlement-conferences", "case-management"] 1
- ["summary-judgment", "note-of-issue"] 1
- ["trial-procedures", "pre-trial-conference", "exhibits"] 1
judicial_district 1
- 9 13
doc_type 1
- part_rules 13
county 1
- Westchester 13
| provision_id ▼ | doc_id | judge_id | rule_number | title | text | source_page | topics | cross_references | judicial_district | county | court_type | doc_type |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| EVERETT-001 | Individual Part Rules – Hon. David F. Everett, J.S.C. 129 | NY-SC-9JD-EVERETT | I.A | Conferences | This Part conducts preliminary conferences and compliance conferences in accordance with the Westchester Supreme Court Civil Case Management Rules effective December 6, 2021. | ["conference-procedures", "preliminary-conference", "compliance-conference"] | ["Westchester Supreme Court Civil Case Management Rules"] | 9 | Westchester | supreme | part_rules | |
| EVERETT-002 | Individual Part Rules – Hon. David F. Everett, J.S.C. 129 | NY-SC-9JD-EVERETT | I.B | Appearances by Counsel with Knowledge and Authority | All counsel appearing must be familiar with the case and fully authorized to enter into agreements on substantive and procedural matters. Attorneys appearing of counsel and self-represented parties are held to the same requirements. Failure to comply may be regarded as a default. | ["attorney-conduct", "conference-procedures"] | [] | 9 | Westchester | supreme | part_rules | |
| EVERETT-003 | Individual Part Rules – Hon. David F. Everett, J.S.C. 129 | NY-SC-9JD-EVERETT | I.C | Settlements and Discontinuances | If an action is settled, discontinued, or otherwise disposed of, counsel and self-represented parties shall immediately inform the Court via NYSCEF and email to the Part Clerk at ldavis1@nycourts.gov, attaching a copy of the Stipulation of Discontinuance. | ["settlement-conferences", "case-management"] | [] | 9 | Westchester | supreme | part_rules | |
| EVERETT-004 | Individual Part Rules – Hon. David F. Everett, J.S.C. 129 | NY-SC-9JD-EVERETT | I.D | Immediate Attention / Adjournment Requests | Requests to adjourn a scheduled appearance must be submitted in writing via NYSCEF and emailed to the Part Clerk at least 36 hours in advance, unless the Court determines there are extraordinary circumstances. The Court does not make determinations on substantive matters via correspondence. | ["adjournments", "communication-preferences"] | [] | 9 | Westchester | supreme | part_rules | |
| EVERETT-005 | Individual Part Rules – Hon. David F. Everett, J.S.C. 129 | NY-SC-9JD-EVERETT | I.F | Ex Parte Communications | Ex parte communications are strictly prohibited except upon consent of all counsel, for scheduling matters, presentation of orders to show cause for signature, or where otherwise permitted by law. | ["communication-preferences", "attorney-conduct"] | [] | 9 | Westchester | supreme | part_rules | |
| EVERETT-006 | Individual Part Rules – Hon. David F. Everett, J.S.C. 129 | NY-SC-9JD-EVERETT | II | E-Filing Rules and Protocol | Counsel shall familiarize themselves with statewide E-Filing Rules (22 NYCRR §§ 202.5-b and 202.5-bb) and the Westchester County E-Filing Protocol. All submissions to the Court, including pleadings, motions, proposed orders, stipulations, judgments, and letters must be electronically filed in NYSCEF. | ["e-filing"] | ["22 NYCRR \u00a7 202.5-b", "22 NYCRR \u00a7 202.5-bb"] | 9 | Westchester | supreme | part_rules | |
| EVERETT-007 | Individual Part Rules – Hon. David F. Everett, J.S.C. 129 | NY-SC-9JD-EVERETT | III.A | Compliance Conference | The first compliance conference shall be held approximately 150 days prior to the date fixed as the last day of discovery. Compliance conferences shall be conducted by this Part. Once a preliminary conference order has been issued, the case will remain on this court's inventory for discovery proceedings. | ["compliance-conference", "discovery-scheduling"] | [] | 9 | Westchester | supreme | part_rules | |
| EVERETT-008 | Individual Part Rules – Hon. David F. Everett, J.S.C. 129 | NY-SC-9JD-EVERETT | III.B | Discovery Schedule | Compliance conferences shall be conducted by the Principal Court Attorney, who shall monitor the progress of discovery. Applications for extensions of discovery deadlines shall be made by stipulation showing good cause as soon as practicable and prior to the expiration of the deadline. Requests shall be submitted via email and uploaded to NYSCEF. | ["discovery-scheduling", "compliance-conference"] | ["22 NYCRR 202.20-e"] | 9 | Westchester | supreme | part_rules | |
| EVERETT-009 | Individual Part Rules – Hon. David F. Everett, J.S.C. 129 | NY-SC-9JD-EVERETT | III.C | Adjournment of Compliance Conference | Adjournment shall be granted upon a showing of good cause (22 NYCRR 202.10). When practicable, request must be made at least two business days before the scheduled conference. A stipulation of adjournment filed in NYSCEF and emailed to the Part Clerk is preferred. The next compliance conference shall be scheduled no later than 120 days prior to the last day of discovery, unless there are special circumstances. | ["adjournments", "compliance-conference"] | ["22 NYCRR 202.10"] | 9 | Westchester | supreme | part_rules | |
| EVERETT-010 | Individual Part Rules – Hon. David F. Everett, J.S.C. 129 | NY-SC-9JD-EVERETT | IV | Motion Practice Rules | Motion practice is in accordance with the Civil Case Management Rules. All motions must be referred to the Motion Support Office. All motions must be made returnable in the Motion Support Office. A motion may not be adjourned more than three times and the return date may not be adjourned for more than a total of 60 days. Working copies are not required unless directed by this Part. | ["hearing-procedures", "adjournments"] | ["Westchester Supreme Court Civil Case Management Rules"] | 9 | Westchester | supreme | part_rules | |
| EVERETT-011 | Individual Part Rules – Hon. David F. Everett, J.S.C. 129 | NY-SC-9JD-EVERETT | IV.D | Discovery Disputes | Prior to seeking judicial intervention, counsel shall communicate with each other and attempt to resolve or limit any discovery issues. A discovery conference may be obtained by submitting a letter application not exceeding one page to the Part Clerk. No discovery motion will be entertained absent a pre-motion conference authorizing the application. After the pre-motion conference, if issues are not resolved, any motion must be made by order to show cause. | ["discovery-disputes"] | [] | 9 | Westchester | supreme | part_rules | |
| EVERETT-012 | Individual Part Rules – Hon. David F. Everett, J.S.C. 129 | NY-SC-9JD-EVERETT | IV.G.1 | Summary Judgment Motions | Summary judgment motions may be accompanied by a separate statement with numbered paragraphs of material facts. Numbered paragraphs in the moving party's statement will be deemed admitted unless specifically controverted by a corresponding numbered paragraph in the opposing party's statement. Post-note of issue summary judgment motions must be made within 60 days following the filing of the Note of Issue. Once fully submitted, the Court CANNOT grant any further adjournment. | ["summary-judgment", "note-of-issue"] | ["CPLR 2214(c)"] | 9 | Westchester | supreme | part_rules | |
| EVERETT-013 | Individual Part Rules – Hon. David F. Everett, J.S.C. 129 | NY-SC-9JD-EVERETT | V | Trial Practice Rules | Counsel must ascertain availability of all witnesses and subpoenaed documents prior to trial. Upon assignment for trial, counsel must submit: marked pleadings and bills of particulars, estimated trial length, witness list, exhibit list, stipulation of undisputed facts (matrimonial: updated net worth statement), statutory provisions relied upon, and all expert witness reports. | ["trial-procedures", "pre-trial-conference", "exhibits"] | [] | 9 | Westchester | 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'
);