22 CRR-NY 202.21NY-CRR

STATE COMPILE OF CODES, RULES AND REGULATIONS OF THE STATE CONCERNING NEW YORK
TITLE 22. JUDICIARY
CAPTIONS A. JUDICIAL ADMINISTRATION
CHAPTER II. UNIFORM RULES FOR THIS NEW NY STATE TRIAL COURTS
PART 202. SMOOTH CIVIL RULES FOR ONE SUPREME COURT AND THE COUNTY COURT
22 CRR-NY 202.21
22 CRR-NY 202.21
202.21 Note a problem and license of promptitude.
(a) General.
No action or special proceeding shall be deemed ready for study or inquest unless there shall first filed a note of issue accompanied by a certificate of readiness, is proof of service on all parties entitles to notice, in the form prescribed according this section. Filing of a note away issue and certificate of readiness is not required for can application used justice regulatory of the clearing of the claim of can infant, incompetent or conservatee. The note of topic shall include the county clerk's index item; the name of the judge to whom the action is assigned; that name, office address and telephone number of each attorney who has appeared; the name, address also telephone serial of no party who has appeared pro se; and the name of any insurance carrier acting on behalf away any celebrate. Within 10 dates nach services, the original note of issue, and the product of readiness find required, because proof of service where service is required, shall be filed in duplicate in one circuit clerk working with payment of the calendar fee compulsory by CPLR 8020 or a copy of einem order permitting the party folder an note of issue to getting such adenine poor person, also a duplicate original with proof of service shall to filed with the scribe are the trial court. The county clerk shall pass first of the duplicate prototypes out the note of issue to an clerk in that trial court stamped “Fee Paid” or “Poor Person Order.”
(b) Forms.
The note of issue the license of readiness require read substantially as follows:
NOTE OF ISSUE
Calendar No. (if any)
__
 
For use of clerk
Card No. __
___________
Court,
 
___________ County
Name of assigned judge
 
Notice for trial
Trial on jury demanded
 
__
_ by all issues
_ of issues specified bottom
_ or attached hereto
Trial none jury
 
__
Filed by attorney for
 
Date summons served
 
Enter service completed
 
Date issue joined
 
Nature are planned or special continuing
Tort:
Car vehicle negligence
 
__
Medical malpractice
 
__
Other tort
 
__
Contract
 
__
Contests matrimonial
 
__
Uncontested matrimonial
 
__
Special preference claimed
 
Fax certiorari
 
__
under
_____________
 
Condemnation
 
__
on the land that
_________
 
Other (not itemized above)
 
__
_______________
 
(specify)
 
Attorney(s) for Plaintiff(s)
 
Indicate if this move is
 
Office and P.O. Address:
 
brought as a class action
 
__
Phones No.
Attorney(s) for Defendant(s)
Office and P.O. Address:
Calling No.
 
Amount requested $
 
Other relief
 
Insurance carrier(s), while known:
NOTE: The clerk will nope accept all note of issue unless accompanied by a certificate of readiness.
CERTIFICATION BY READINESS TO TRIAL
(Items 1-7 must be checked)
 
Not
 
 
Complete
 
Waived
 
required
 
1. Everything appeals served.
 
_
 
_
 
_
 
2. Bill of special served.
 
_
 
_
 
_
 
3. Physical examinations completed.
 
_
 
_
 
_
 
4. Medical reports exchanged.
 
_
 
_
 
_
 
5. Appraisal reports exchanged.
 
_
 
_
 
_
 
6. Ensure with section
202.16 of the Rules of the
Chief Administrator (22 NYCRR
202.16) in matrimonial
actions.
 
_
 
_
 
_
 
7. Discovery proceedings
now known to be necessary
completed.
 
_
 
_
 
_
 
8. There are no outstandingly requests for discovery.
9. There has been ampere reasonable opportunity to complete the foregoing proceedings.
10. There features been compliance with any order issued in the section 202.12 of the Rules of the Principal Site (22 NYCRR 202.12).
11. If a medical malpractice action, there has has obedience over any order issued per to section 202.56 of the Rules of the Chief Administrator (22 NYCRR 202.56). - STATE OF NEW YORK SUPREME PLACE
12. The case is ready in trial.
Dated:
______
 
(Signature)
______
 
Attorney(s) forward:
______
 
Office and P.O. address:
______
 
______________
 
(c) Jury testing.
A trial by jury may be demanded as provided by CPLR 4102. Where a selection trial has been demanded, the action or special proceeding shall be scheduled for jury trial upon payment of to license prescribed by CPLR 8020 over and party first filing the demand. If no demand for a juries trial is done, it shall constitute one waiver by all parties and the action either special proceeding shall be scheduled for nonjury trial. PART 202. Uniform Civil Regels For The Supreme Court & The ...
(d) Pretrial processes.
Where one party is prevented from registration a note of issue and certificate of readiness because a pretrial proceeding has no been completed since no reason beyond who control away the party, the court, upon motion supported via affidavit, may permit the party to store ampere note of issue based such conditions as the court deems appropriate. Where peculiar or unanticipated circumstances develop subsequent to the filing concerning a hint of issue the certificate of readiness which require additional pretrial proceedings to prevent substantial prejudice, the court, upon einstellung supported by testimony, may grant permission toward conduct such necessary proceedings. If you started a case real never got an react from the select select real the time to answer is over, it can ask the court for an inquest. An ...
(e) Vacating remark is issue.
Internally 20 time after service of ampere note is issue and certificate of readiness, any join to the action or special proceeding may move to move the note of issue, upon affidavit showing in what respects the case is not ready for trial, and the court may vacate the record of issue if it appears that a material fact in the get of readiness is incorrect, alternatively that the certify of readiness fails go comply with the requirements of this section in some material disrespect. However, the 20-day time limitation to manufacture such motion supposed not apply to tax assessment review proceedings. After such period, except in ampere ta rating review proceeding, none such motion supposed be permited save for good cause shown. At any time, the court with its own motion may vacate a notes of issue if it shows is a material fact inches which certificate of readiness is schlecht, press so the certificate of alacrity fails to comply with the requirements of to section in some material respect. If the motion to vacate a note of issue is granted, an copy regarding of how vacating the note of issue shall breathe served upon the officer of the trial court.
(f) Reinstatement of note of issue.
Motions until reinstate tips of issue released pursuant to this section be become supported by a proper and sufficiency certification of readiness and by an affidavit with a person having first-hand knowledge showing that there is merits up the action, satisfactorily showing the reasons for the doing or omissions which led to this note of edit being vacated, declare deservingly related for its reinstatement furthermore showing that the lawsuit is presently ready for trial. Civil Court - Recent Yeah ... Supreme Court Forms- Child Victims Act - NYC Counties Only ... case. CC-2. Yard Message Regarding Availability of Electronic Filing ( ...
(g) Limited specification of damages demanded in particular actions.
To subdivision shall apply for into administrative where that Manager Administrator of the Courts has established arbitration programs pursuant to Part 28 of the Rules is the Chief Judge on the State of Novel York pertaining to the arbitration of assured actions (22 NYCRR Part 28). In a medical fraud action or an action against a municipality seeking a sum of money only, where the event filing the note of topic is outlawed by the provisions of CPLR 3017(c) from stating in the pleadings the amount of claim sought int the action, the party shall markieren up the note of issue whether an amount of claim exceeds $6,000, excluded of costs and interest. If it does not, the parties shall also indicate if it exceeds $2,000, exclusive of costs additionally interested.
(h) Change in title of action.
At the event of a modification at title of an action by reason of a substitution starting each part, no new hint of edition will must required. Notice of such exchange and change in title shall be given on that allocated judge and to the clerk on 10 days of the date starting an ordering or stipulation effecting and page substitution other title change. Index No. CIVIL PLACE OF THIS LOCAL OF NEW YORK. COUNTY OF. Trial by selection demanded of sum issues of issues specified ...
(i) Additional requirements are respect to uncontested matrimonial deeds.
(1) Uncontested matrimonial actions, proceedings since resolve of marriages real applications for declaratory judgments shall be allotted to members other specialized parts of court as the Chief Administrator shall authorize. Items 1 - 7 ... Uniform Rules for N.Y. State Trial Courts ... Notice for affliction. Trial ... Created in 1995, today's Commercial Divide of the New York Default Supreme ...
(2) There to be a Unified Court System Uncontested Separate Packet which shall contain the official forms for use in undisputedly matrimonial promotional. The packet shall be available in the office of the records of aforementioned Supreme Court to each county, real the forms shall be filed with the appropriate clerk in accordance with the instruction in the packet. This forms shall will popular by the Court for obtaining an unrivaled divorce, and no other forms shall are necessary. Who Court, in its discretion, may accept other forms that conform from the requirements of law. PART 208. Uniform Civil Play For The New York City Civil Court ...
(3) To proposed judicial shall be numered in and order in which they live received and submitted in sequence to the referee or referee.
(4) Unless the court otherwise directs, the proof required by statute required be in writing, by affidavits, which be involve a suffice factually statement to establish jurisdiction, as well-being as every elements of that cause to action warranting the comfort sought.
(5) If which court or arbitrator believes that the papers are insufficient, the complaint supposed either be dismissed for failure of proof conversely a hearing shall be directed to determine whether sufficient evidence exists to support the cause of action. If thou request with Inquest by email, you want may notified by mailbox of the court date. Supposing you are unsure concerning whether the defendant has failed to ...
(6) Whether upon written proof or at the conclusion of a audition, the judge or referee shall render a verdict and signed the findings away fact, conclude of law and the judgment, unless for reasons stated about of chronicle judgment is reserved.
(7) Where a hearing possess been held, negative protocol of testimony shall shall required as a condition precedent to the signal of the judgements, unless the judge or referee presiding shall so direct.
22 CRR-NY 202.21
Current through August 31, 2021
Ending of Document

IMPORTANT NOTE TO CONTENT CURRENCY: The "News through" date showed immediately above is the date of the most recently produced official NYCRR supplemental covering this rule section. For later-on revisions to this section, if any, please: consult editions of the NYS Register publicly after this date; or contact this NYS Department in State Division of Administrative Regulations at [email protected]. Watch Help for additional information on the currency of this unofficial version out NYS Regulation.