UR 202 Volume 1 Flashcards
Section 202.1 Application of Part; Waiver; Additional Rules; Application of CPLR; Definitions.
(a) Application. This Part shall be applicable to civil actions and proceedings in the Supreme Court and the County Court.
Section 202.1 Application of Part; Waiver; Additional Rules; Application of CPLR; Definitions.
(a) Application. This Part shall be applicable to civil actions and proceedings in the Supreme Court and the County Court.
Section 202.1 Application of Part; Waiver; Additional Rules; Application of CPLR; Definitions.
(f) Counsel who appear before the court must be familiar with the case with regard to which they appear and be fully prepared and authorized to discuss and resolve the issues which are scheduled to be the subject of the appearance. Failure to comply with this rule may be treated as a default or failure to appear.
Section 202.1 Application of Part; Waiver; Additional Rules; Application of CPLR; Definitions.
(f) Counsel who appear before the court must be familiar with the case with regard to which they appear and be fully prepared and authorized to discuss and resolve the issues which are scheduled to be the subject of the appearance. Failure to comply with this rule may be treated as a default or failure to appear.
Section 202.2 Terms and Parts of Court.
(a) Terms of Court. A term of court is a four-week session of court, and there shall be ___ terms of court in a year
$13
Section 202.2 Terms and Parts of Court.
(b) Parts of Court. A part of court is a designated unit of the court in which specified business of the court is to be conducted by a judge or quasi- judicial officer. There shall be such parts of court as may be authorized from time to time by the Chief Administrator of the Courts.
Section 202.2 Terms and Parts of Court.
(b) Parts of Court. A part of court is a designated unit of the court in which specified business of the court is to be conducted by a judge or quasi- judicial officer. There shall be such parts of court as may be authorized from time to time by the Chief Administrator of the Courts.
Section 202.3 Individual Assignment System; Structure.
(a) General. There shall be established for all civil actions and proceedings heard in the Supreme Court and County Court an individual assignment system which provides for the continuous supervision of each action and proceeding by a single judge.
Section 202.3 Individual Assignment System; Structure.
(a) General. There shall be established for all civil actions and proceedings heard in the Supreme Court and County Court an individual assignment system which provides for the continuous supervision of each action and proceeding by a single judge.
Section 202.3 Individual Assignment System; Structure.
The Chief Administrator can create a two-track assignment system where a judge supervises a case until it is ready for trial, and then another judge takes over for ______ itself.
the trial
Section 202.4 County Court Judge; Ex Parte Applications in Supreme Court Actions; Applications for Settlement of Supreme Court Actions.
Ex parte applications in actions or proceedings in the Supreme Court, and applications for the settlement of actions or proceedings pending in the Supreme Court, where judicial approval is necessary, may be heard and determined by a judge of the ______________ in the county where venue is laid, during periods when no Supreme Court term is in session in the county.
County Court
Section 202.5 Papers filed in court.
The party filing the _______ in an action, upon payment of the proper fee, shall obtain from the county clerk an index number, which shall be affixed to the paper.
first paper
Section 202.5 Papers filed in court.
- The party causing the first paper to be filed shall communicate in writing the county clerk’s index number forthwith to all other parties to the action.
- Thereafter such number shall appear on the outside cover and first page to the right of the caption of every paper tendered for filing in the action.
Section 202.5 Papers filed in court.
- The party causing the first paper to be filed shall communicate in writing the county clerk’s index number forthwith to all other parties to the action.
- Thereafter such number shall appear on the outside cover and first page to the right of the caption of every paper tendered for filing in the action.
Section 202.5 Papers filed in court.
Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper and, where the case has been assigned to an individual judge, shall contain the name of the assigned judge to the right of the caption.
Section 202.5 Papers filed in court.
Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper and, where the case has been assigned to an individual judge, shall contain the name of the assigned judge to the right of the caption.
Section 202.5 Papers filed in court.
Every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and if typewritten, shall have at least double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins.
Section 202.5 Papers filed in court.
Every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and if typewritten, shall have at least double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins.
Section 202.5 Papers filed in court.
In addition, every paper filed in court, other than an exhibit or printed form, shall contain writing on one side only, except that papers that are fastened on the side may contain writing on both sides, and shall contain print no smaller than _______ , or 8 ½ x 11 inch paper, bearing margins no smaller than _____ inch.
12-point.. one
Section 202.5 Papers filed in court.
The print size of footnotes shall be no smaller than _______
10 point.
Section 202.5 Papers filed in court.
Papers that are stapled or bound securely shall not be rejected for filing simply because they are not bound with a backer of any kind.
Section 202.5 Papers filed in court.
Papers that are stapled or bound securely shall not be rejected for filing simply because they are not bound with a backer of any kind.
Section 202.5 Papers filed in court.
(2) Unless otherwise directed by the court, each electronically-submitted memorandum of law, affidavit and affirmation, exceeding ___________ words, which was prepared with the use of a computer software program, shall include bookmarks providing a listing of the document’s contents and facilitating easy navigation by the reader within the document.
4500
Section 202.5 Papers filed in court.
(b) Submission of Papers to Judge.
- All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or clerk’s office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity.
- All papers for any judge that are filed in the clerk’s office shall be promptly delivered to the judge by the clerk.
- The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and index number of the action in which they are filed, the judge’s name and the name of the attorney or party submitting them.
Section 202.5 Papers filed in court.
(b) Submission of Papers to Judge.
- All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or clerk’s office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity.
- All papers for any judge that are filed in the clerk’s office shall be promptly delivered to the judge by the clerk.
- The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and index number of the action in which they are filed, the judge’s name and the name of the attorney or party submitting them.
Section 202.5 Papers filed in court.
Court, as appropriate, shall refuse to accept for filing papers filed in actions and proceedings only under the following circumstances or as otherwise provided by statute, Chief Administrator’s rule or order of the court:
(i) The paper does not have an _______ number;
(ii) The summons, complaint, petition, or judgment sought to be filed with the County Clerk contains an “et al” or otherwise does not contain a full caption;
(iii) The paper sought to be filed with the County Clerk is filed in the wrong court;
(iv) The paper is not signed in accordance with section 130-1.1-a of the Rules of the Chief Administrator; or
(v) The paper sought to be filed:
(A) is in an action subject to electronic filing pursuant to Rules of the Chief Administrator,
(B) is not being filed electronically, and either
(C) is not being filed by an unrepresented litigant who is not participating in e-filing, or
(D) does not include the notice required by paragraph (1) of subdivision (d) of section 202.5-b of such Rules.**
The County Clerk shall require the payment of any applicable statutory fees, or an order of the Court waiving payment of such fees, before accepting a paper for filing.
Index …….
Section 202.5 Papers filed in court.
(2) A County Clerk or chief clerk shall signify a refusal to accept a paper by use of a stamp on the paper indicating the date of the refusal and by providing on the paper the reason for the refusal.
Section 202.5 Papers filed in court.
(2) A County Clerk or chief clerk shall signify a refusal to accept a paper by use of a stamp on the paper indicating the date of the refusal and by providing on the paper the reason for the refusal.
Section 202.5 Papers filed in court.
(1) Except in a____________ , or a proceeding in surrogate’s court, or a proceeding pursuant to _____________ , or as otherwise provided by rule or law or court order, and whether or not a sealing order is or has been sought, the parties shall omit or redact confidential personal information in papers submitted to the court for filing. For purposes of this rule, confidential personal information (“CPI”) means:
matrimonial action……… article 81 of the mental hygiene law
Section 202.5 Papers filed in court.
(2) The court sua sponte or on motion by any person may order a party to remove CPI from papers or to resubmit a paper with such information redacted; order the clerk to seal the papers
Section 202.5 Papers filed in court.
(2) The court sua sponte or on motion by any person may order a party to remove CPI from papers or to resubmit a paper with such information redacted; order the clerk to seal the papers
Section 202.5 Papers filed in court.
(3) A person may apply to the court for CPI to be _______
included.
Section 202.5 Papers filed in court.
(4) The redaction requirement does not apply to the _________ of the relevant account numbers, if any, in an action arising out of a consumer credit transaction,
last four digits
Section 202.5-a Filing by Electronic Transmission.
- (a) Papers shall not be submitted to the court by ____________ without advance approval of the justice assigned. Correspondence sent by fax should not be followed by hard copy unless requested.
- (b) Papers submitted in digital format. In cases not pending in the court’s Filing by Electronic Means System, the court may permit counsel to communicate with the court and each other by e-mail.
fax
202.5-b. Electronic Filing in Supreme Court; Consensual Program.
(1) On consent, documents may be filed and served by electronic means in the Supreme Court in such civil actions and in such counties as shall be authorized by order of the Chief Administrator of the Courts and only to the extent and in the manner provided in this section.
202.5-b. Electronic Filing in Supreme Court; Consensual Program.
(1) On consent, documents may be filed and served by electronic means in the Supreme Court in such civil actions and in such counties as shall be authorized by order of the Chief Administrator of the Courts and only to the extent and in the manner provided in this section.
