Provisions
Data license: Government edicts — not subject to copyright · Data source: nycourts.gov
8 rows where judge_id = "NY-SC-9JD-MCELDUFF"
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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-9JD-MCELDUFF-001 | Individual Part Rules of Hon. Timothy P. McElduff, Jr., Surrogate, Orange County, Acting Justice of the Supreme Court 165 | NY-SC-9JD-MCELDUFF | I.A | Correspondence | Correspondence to the Court and Clerk shall be copied to all adversaries and must include the File/Index Number. Correspondence between the parties shall not be copied to the Court unless otherwise directed, or where there is some specific judicial purpose to be served by transmitting copies to the Court. | ["communication-preferences"] | [] | 9 | Orange | supreme | part_rules | |
| NY-SC-9JD-MCELDUFF-002 | Individual Part Rules of Hon. Timothy P. McElduff, Jr., Surrogate, Orange County, Acting Justice of the Supreme Court 165 | NY-SC-9JD-MCELDUFF | I.D | Ex Parte Communications | Ex parte communications are prohibited except when an Order to Show Cause is submitted for signature, or with the prior consent of all parties during settlement negotiations. | ["communication-preferences", "attorney-conduct"] | [] | 9 | Orange | supreme | part_rules | |
| NY-SC-9JD-MCELDUFF-003 | Individual Part Rules of Hon. Timothy P. McElduff, Jr., Surrogate, Orange County, Acting Justice of the Supreme Court 165 | NY-SC-9JD-MCELDUFF | II.A | Adjournments - Surrogate's Court Matters | Adjournment requests are discouraged and, even if on consent, should not be considered effective unless and until approved by the Court. If necessary, an adjournment request must be in writing, copied to all parties, e-mailed to VirtualOrangeSurrogatesCourt@nycourts.gov at least 48 hours in advance of the scheduled date and state: (1) the currently scheduled date, (2) good cause why the adjournment is being sought, (3) whether the other parties consent or object to the request, and (4) if possible, suggest a date certain to which the conference should be adjourned. | ["adjournments"] | [] | 9 | Orange | supreme | part_rules | |
| NY-SC-9JD-MCELDUFF-004 | Individual Part Rules of Hon. Timothy P. McElduff, Jr., Surrogate, Orange County, Acting Justice of the Supreme Court 165 | NY-SC-9JD-MCELDUFF | III.B | Working Copies | Counsel and self-represented litigants MUST provide the Court with working copies of all legal papers which require judicial action (e.g., Orders to Show Cause, motions, notices of settlement, ex parte applications and proposed orders) within 24 hours of e-filing. The working copy of a motion must include all documents filed in support of the motion, including exhibits WITH external tabs. Working copies must include a copy of the NYSCEF Confirmation Notice, firmly fastened. | ["courtesy-copies", "e-filing"] | [] | 9 | Orange | supreme | part_rules | |
| NY-SC-9JD-MCELDUFF-005 | Individual Part Rules of Hon. Timothy P. McElduff, Jr., Surrogate, Orange County, Acting Justice of the Supreme Court 165 | NY-SC-9JD-MCELDUFF | VI | Preliminary Conferences | A party may request a preliminary conference any time after issue has been joined. The Court will schedule a preliminary conference within forty-five (45) days after an RJI requesting a preliminary conference has been filed. Upon scheduling a preliminary conference, the parties shall confer to complete a Preliminary Conference Stipulation/Order. If counsel for all parties sign the Stipulation and return it to chambers prior to the scheduled conference, such form shall be 'So Ordered' by the Court and, unless the Court orders otherwise, appearances will not be required at the preliminary conference. However, appearances are required in all matrimonial, products liability, and medical, dental and podiatric malpractice actions. | ["preliminary-conference"] | [] | 9 | Orange | supreme | part_rules | |
| NY-SC-9JD-MCELDUFF-006 | Individual Part Rules of Hon. Timothy P. McElduff, Jr., Surrogate, Orange County, Acting Justice of the Supreme Court 165 | NY-SC-9JD-MCELDUFF | IX | Pretrial Conference | Upon the filing of a note of issue, the Court shall schedule a pretrial conference. At the pretrial conference, the Court shall schedule a date certain for trial of all outstanding issues. The Court will also explore referring the case to mediation, if appropriate. The Court shall establish a deadline for exchange of expert witness information pursuant to CPLR § 3101(d)(1) which shall, in no event, be later than ninety (90) days before trial for the party bearing the burden of proof on that issue. The opposing party must serve its disclosure within forty-five (45) days of trial. | ["pre-trial-conference", "scheduling-orders"] | ["CPLR \u00a7 3101(d)(1)"] | 9 | Orange | supreme | part_rules | |
| NY-SC-9JD-MCELDUFF-007 | Individual Part Rules of Hon. Timothy P. McElduff, Jr., Surrogate, Orange County, Acting Justice of the Supreme Court 165 | NY-SC-9JD-MCELDUFF | X.B | Summary Judgment Motions - Supreme Court | MOTIONS SHALL BE MADE WITHIN NINETY (90) DAYS AFTER FILING THE NOTE OF ISSUE. Return Dates: Motions made in the Surrogate's Court by Notice of Motion shall be made returnable on a Wednesday at 9:30 a.m. Motions made in the Supreme Court shall be made returnable on a Friday at 9:30 a.m. Return dates for Orders to Show Cause shall be determined by the Court. | ["summary-judgment"] | [] | 9 | Orange | supreme | part_rules | |
| NY-SC-9JD-MCELDUFF-008 | Individual Part Rules of Hon. Timothy P. McElduff, Jr., Surrogate, Orange County, Acting Justice of the Supreme Court 165 | NY-SC-9JD-MCELDUFF | V | Surrogate's Court Proceedings | Accounting Proceedings: Whenever a citation is served in an Accounting Proceeding, a copy of the accounting shall be served on all parties with the Citation. Probate Proceedings: If a beneficiary, attorney or draftsman has a fiduciary or confidential relationship with the testator/testatrix, an affidavit explaining the circumstances surrounding the making of the bequest and the drafting of the Will must be filed with the petition. Objections to Probate: All discovery shall be completed before objections are filed, unless granted prior approval by the Court. Objections shall be filed with the Court within 10 days of the completion of all SCPA §1404 discovery. | ["part-rules"] | ["22 NYCRR \u00a7 207.40(e)", "SCPA \u00a7 1404", "SCPA \u00a7 1410"] | 9 | Orange | 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'
);