UR 208 volume 3 Flashcards
§ 208.19 Notice of calendars
A notice shall be published in a law journal designated by the Chief Administrator of the Courts of any and all calls of the reserve calendars at least _____ court days before such call
five
§ 208.20 Special preferences
Any party claiming a preference under CPLR 3403 may apply to the court by making a motion in a motion part. If a preference is granted, the action shall be placed on a ready calendar for a day certain ahead of all non-preferred pending cases, as directed by the court, unless the court otherwise orders.
§ 208.20 Special preferences
Any party claiming a preference under CPLR 3403 may apply to the court by making a motion in a motion part. If a preference is granted, the action shall be placed on a ready calendar for a day certain ahead of all non-preferred pending cases, as directed by the court, unless the court otherwise orders.
§ 208.21 Objection to applications for special preference
Any other party may file opposing papers to special preference:
▪ Within _____ days of notice of trial + motion for special preference
▪ OR ________ days of service of motion for special preference Rebuttal must be filed within ______ days.
20… 10… 5
§ 208.22 Pretrial and prearbitration conference calendars
There shall be such pretrial conference parts and calendars and such mandatory pretrial and pre- arbitration conferences as may be established by the Chief Administrator of the Courts.
§ 208.22 Pretrial and prearbitration conference calendars
There shall be such pretrial conference parts and calendars and such mandatory pretrial and pre- arbitration conferences as may be established by the Chief Administrator of the Courts.
§ 208.23 CALL OF RESERVE, READY AND GENERAL CALENDARS
There shall be a call of actions on the reserve calendars in sequence and in sufficient number to insure a steady supply of cases to the ready calendar.
When such a call is held, the actions thereon, if marked “ready,” action shall be added to the ready calendar, or may be marked “disposed” or stricken from the calendar.
Actions on the ready calendar shall be called in order and shall be announced “ready,” “ready subject to engagement,” or “disposed.”
If the inability to proceed to trial is expected to exceed ____ days, the action shall be returned to the reserve calendar or stricken from the calendar as circumstances warrant.
Actions announced “ready” on the call of the calendar shall be assigned in order to the available trial parts.
When an action has been announced “ready” but no part is immediately available, counsel may arrange with the calendar judge to be summoned by telephone. At such time or times and in such manner as the Chief Administrator may direct, a call shall be made of all actions on the general calendar not reached on a ready calendar.
10
§ 208.24 Day certain for trial
- Applications for a day certain for trial shall be made to the calendar judge.
- If no calendar part has been established, to the trial judge on an affidavit of the attorney or a stipulation of the attorneys for all parties.
- If a day certain is ordered, the action shall be withheld from the ready calendar until that day, at which time it shall appear at the top of the ready calendar.
§ 208.24 Day certain for trial
- Applications for a day certain for trial shall be made to the calendar judge.
- If no calendar part has been established, to the trial judge on an affidavit of the attorney or a stipulation of the attorneys for all parties.
- If a day certain is ordered, the action shall be withheld from the ready calendar until that day, at which time it shall appear at the top of the ready calendar.
§ 208.25 Engagement of counsel
No adjournment shall be granted on the ground of ______
engagement of counsel.
§ 208.27 Submission of papers for trial
The following papers, if not yet submitted, shall be submitted to the court by the party who has filed the notice of trial:
- copies of all marked pleadings
- a copy of any statutory provision, in effect at the time the cause of action arose upon which either the plaintiff or defendant relies
- a copy of the bill of particulars, if any
If so ordered, the parties shall submit to the court, before the commencement of trial, trial memoranda which shall be exchanged among counsel.
§ 208.27 Submission of papers for trial
The following papers, if not yet submitted, shall be submitted to the court by the party who has filed the notice of trial:
- copies of all marked pleadings
- a copy of any statutory provision, in effect at the time the cause of action arose upon which either the plaintiff or defendant relies
- a copy of the bill of particulars, if any
If so ordered, the parties shall submit to the court, before the commencement of trial, trial memoranda which shall be exchanged among counsel.
§ 208.28 Absence of attorney during trial
- All trial counsel shall remain in attendance at all stages of the trial until the jury retires to deliberate unless excused by the judge.
- The court may permit counsel to leave, provided counsel remain in telephone contact with the court.
- Any counsel not present during the jury deliberation waives any irregularity in proceedings taken in his or her absence.
§ 208.28 Absence of attorney during trial
- All trial counsel shall remain in attendance at all stages of the trial until the jury retires to deliberate unless excused by the judge.
- The court may permit counsel to leave, provided counsel remain in telephone contact with the court.
- Any counsel not present during the jury deliberation waives any irregularity in proceedings taken in his or her absence.
***§ 208.29 Traverse hearings
- A traverse hearing is a scheduled hearing to determine whether ____________ validly and timely upon a party.
- In a traverse hearing the ______________ will testify as to the service and will bring to the hearing all records in his possession to the matter at issue.
- Where the process server is ____________ , he also shall bring the license to the court.
process was served….. process server…licensed
§ 208.31 Restoration after jury disagreement, mistrial or order for new trial.
An action, in which there has been an inability by a jury to reach a verdict, a mistrial or a new trial granted by the trial judge or an appellate court, shall be restored to the ready calendar by filing a notice with the appropriate clerk.
§ 208.31 Restoration after jury disagreement, mistrial or order for new trial.
An action, in which there has been an inability by a jury to reach a verdict, a mistrial or a new trial granted by the trial judge or an appellate court, shall be restored to the ready calendar by filing a notice with the appropriate clerk.
§ 208.32 Damages, inquest after default; proof
In any action where it is necessary to take an inquest before the court, the party seeking damages may submit the proof required by oral testimony of witnesses in open court or by written statements of the witnesses, in narrative or question-and-answer form, signed and sworn to.
§ 208.32 Damages, inquest after default; proof
In any action where it is necessary to take an inquest before the court, the party seeking damages may submit the proof required by oral testimony of witnesses in open court or by written statements of the witnesses, in narrative or question-and-answer form, signed and sworn to.
§ 208.33 Submission of orders, judgments and decrees for signature
Proposed orders or judgments must be submitted for signature, unless otherwise directed by the court, within________ days after the signing and filing of the decision directing that the order be settled or submitted.
60
§ 208.33 Submission of orders, judgments and decrees for signature
Failure to submit the order or judgment timely shall be deemed an __________ of the motion or action, unless for good cause shown.
abandonment
§ 208.33 Submission of orders, judgments and decrees for signature
When settlement of an order or judgment is directed by the court, a copy of the proposed order or judgment with notice of settlement shall be served on all parties either:
- by personal service not less than ____ days before the date of settlement
- by mail not less than _______ days before the date of settlement
05…….10
