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(b) The order will also contain a comprehensive disclosure schedule, including dates for the service of third-party pleadings, discovery, motion practice, a compliance conference, if needed, a date for filing the note of issue, a date for a pre-trial conference and a trial date. Discovery is not stayed during the pendency of any motion unless the court directs otherwise. A list of the exhibits shall be provided to the Court prior to trial. Search and browse the laws of New York State: Consolidated Laws, Unconsolidated Laws, Court Acts, Senate and Assembly Rules, the Constitution of New York, and the New York City Charter and Administrative Code. Chapter 5 - BUILDINGS AND STRUCTURES. Counsel should consult MBIA Insurance Corporation v Countrywide Home Loans, Inc. (No. call may be arranged with the Judge or Law Clerk pursuant to Kings County Commercial Division Rule 18 and must take place prior to any motions being made. (c) Prior to the making or filing of a motion, counsel for the moving party shall advise the court in writing (no more than two pages) on notice to opposing counsel outlining the issue(s) in dispute and requesting a telephone conference. Request for oral argument must be made by email to hsuh@nycourts.gov three days before the motions return date. (b) In such a case, the papers opposing a motion for summary judgment shall include a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party and, if necessary, additional paragraphs containing a separate short and concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried. If no such motion is filed, such documents or materials shall continue to be treated as Confidential Information or Highly Confidential Attorneys Eyes-Only Information. In connection with their review of electronically stored information and hard copy documents for production (the "Documents Reviewed") the Parties agree as follows: a. to implement and adhere to reasonable procedures to ensure Documents Reviewed that are protected from disclosure pursuant to CPLR 3101(c), 3101(d)(2) and 4503 ("Protected Information") are identified and withheld from production. Courtroom 741 Motions where a hearing or trial on a material factual issue may be particularly useful in disposition of a material part of a case, include, but are not limited to: (a) dispositive motions to dismiss or motions for summary judgment; (b) preliminary injunction motions, including but not limited to those instances where the parties are willing to consent to the hearing being on the merits; (c) spoliation of evidence motions where the issue of spoliation impacts the ultimate outcome of the action; (d) jurisdictional motions where issues, including application of long arm jurisdiction, may be dispositive; In advance of an immediate trial or evidentiary hearing, the parties may request, if necessary, that the court direct limited expedited discovery targeting the factual issue to be tried. Any subpoena served on a non-party shall be simultaneously served on all parties and within five (5) days of compliance therewith, each party shall be given notice of receipt and of availability for inspection and copying, specifying the time and place thereof, CPLR 3120 (3). Meserole Hub LLC v. Solomon Rosenzweig, & Solomon Rosenzweig - Casetext Rule 16. If, for any reason, counsel are not prepared to proceed on the scheduled date, the court is to be notified within 10 days of the date on which counsel are given the trial date or, in extraordinary circumstances, as soon as reasonably practicable. The New York State Division of Child Support Enforcement offers information and services related to child support, including paternity establishment and enforcement of child support orders. (c) In the event the parties wish to incorporate a privilege claw-back provision into either: (1) the confidentiality order to be utilized in their commercial case; or. Order to Show Cause Foreclosure Conferences Trials GENERAL INFORMATION REGARDING CENTRAL COMPLIANCE PART (CCP) Courtroom 282 Supreme Court of the State of New York, Kings County 360 Adams Street Brooklyn, NY 11201 Courtroom Phone #: 347-296-1626. My client: ( ) presently wishes to jointly engage a mediator at an appropriate time to aid settlement. Commercial Div. Rule 25. Chambers: 347-296-1461. Kings County Commercial Division | New York Commercial Division Practice (c) Producing Party shall mean the parties to this action and any non-parties producing Confidential Information or Highly Confidential Attorneys Eyes-Only Information in connection with depositions, document production or otherwise, or the Party or non-party asserting the confidentiality privilege, as the case may be. Sylvia G. Ash and Hon . Exhibits should be submitted in support of all requests for damages. These Guidelines are not intended to modify governing case law or to replace any parts of the Rules of the Commercial Division of the Supreme Court (the Commercial Division Rules), the Uniform Civil Rules for the Supreme Court (the Uniform Civil Rules), the New York Civil Practice Law and Rules (the CPLR), or any other applicable rules or regulations pertaining to the New York State Unified Court System. The requesting party and the nonparty should meet and confer concerning the scope of the ESI discovery, the timing and form of production, ways to reduce the cost and burden of the ESI discovery (including but not limited to: an agreement providing for the clawing-back of privileged ESI; and the use of advanced analytic software applications and other technologies that can screen for relevant and privileged ESI), and the requesting partys defrayal of the nonpartys reasonable production expenses. (f) For good cause shown, the court may alter the limits on the number of depositions or the duration of an examination. 1. Unless the moving party can demonstrate that there will be significant prejudice by reason of giving notice, a temporary restraining order will not be issued. Kings County Commercial Part 12 Counsel for the Receiving Party obtaining the certificate shall supply a copy to counsel for the other Parties at the time designated for expert disclosure, except that any certificate signed by an expert or consultant who is not expected to be called as a witness at trial is not required to be supplied. Motions shall be heard every Wednesday in Room 741, in 360 Adams Street. If a party objects to a document being filed unsealed and unredacted, that party may move by Order to Show Cause giving proper reasons to seal and good cause therefore, pursuant to 22 NYCRR section 216.1. Any person receiving Confidential Information shall not reveal or discuss such information to or with any person not entitled to receive such information under the terms hereof and shall use reasonable measures to store and maintain the Confidential Information so as to prevent unauthorized disclosure. Notwithstanding anything to the contrary, counsel of record for the Parties may retain one copy of documents constituting work product, a copy of pleadings, motion papers, discovery responses, deposition transcripts and deposition and trial exhibits. This Stipulation shall not preclude counsel for any Party from using during any deposition in this action any Documents or Testimony which has been designated as Confidential Information or Highly Confidential Attorneys Eyes-Only Information under the terms hereof. Request for Judicial Intervention - New York Kings Supreme - SmartRules Accordingly, the divisions judges are chosen for their extensive experience in resolving sophisticated commercial disputes. APPENDIX A. Lawrence Knipel, does not link to the individual rules for either Justice. (b) In the event that the Partys (or, as appropriate, non-partys) filing includes Confidential Information or Highly Confidential Attorneys Eyes-Only Information produced by a Producing Party that is a non-party, the filing Party shall so notify that Producing Party within twenty four (24) hours after the Redacted Filing by providing the Producing Party with a copy of the Redacted Filing as well as a version of the filing with the relevant Producing Partys Confidential Information or Highly Confidential Attorneys Eyes-Only Information unredacted. Rule 10. 5. The following procedure shall apply in those parts of the Commercial Division where the justice presiding so elects: (a) For all commercial cases that warrant the entry of a confidentiality order, the parties shall submit to the Court for signature the proposed stipulation and order that appears in Appendix B to these Rules of the Commercial Division. (main office): 400 RXR Plaza, Uniondale, NY 11556 (516) 227-0700, A RICO Claim in an Ordinary Business Dispute? Rule 3. (e) If the matter can be resolved during the conference, an order consistent with such resolution may be issued or counsel will be directed to forward a letter confirming the resolution to be so ordered. At the discretion of the court, the conference may be held on the record. Forms for statewide use include Family Court, Domestic Violence, Surrogate's Court, Divorce, Criminal, and various general and procedural forms. View information about Mobilization for Justice, which provides free civil legal assistance to low-income residents of New York City with housing, consumer, employment, mental health, elder, foreclosure, caregiving, and public benefits issues. (2) another form of order utilized by the Justice presiding over the matter, they shall utilize the text set forth in Appendix E to these Rules of the Commercial Division. (1) In the discretion of the Commercial Division justice assigned, if a case does not fall within the jurisdiction of the Commercial Division as set forth in this section, it shall be transferred to a non-commercial part of the court. Training resources, laws, forms, summaries of relevant cases, and a Guardian ad Litem Manual are included. Rule 31. At the first pre-trial conference, the court will set a firm trial date generally three to five months out as well as a date for the second pre-trial conference. 7. Some local court forms are included. Advance Notice of Motions (a) Nothing in this rule shall be construed to prevent or limit counsel from making any motion deemed appropriate to best represent a party's interests. Please note: No attorney in chambers may communicate with a litigant ex parte, nor will he or she assist litigants in the practice of law, such as by advising as to how to interpret a particular rule or law. Only those cases with pending future appearances dates are included. Rule 28. Leon Ruchelsman J.S.C. (7) attorney malpractice actions except as otherwise provided in paragraph (b)(8) of this section. A fee applies. All appearances are virtual unless otherwise specified by the court. At the pre-trial conference date, each side shall then mark its exhibits into evidence as to those to which no objection has been made. View information about the foreclosure process in Kings County Supreme Court, including rules and sample forms. D. Other costs as may be identified by the nonparty. Prior to the expiration of such fifteen (15) day period (or until a designation is made by counsel, if such a designation is made in a shorter period of time), all such Documents and Testimony shall be treated as Confidential Information. Motions in General. Commercial Division - Kings County / Brooklyn - Judiciary of New York Since then, they have served as the central rationale for the divisions commitment to excellence in the administration of the rule of law in business in New York. (2) In the event the requesting party refuses to permit a categorical approach, and instead insists on a document-by-document listing on the privilege log, then unless the court deems it appropriate to issue a protective order pursuant to CPLR 3103 based upon the facts and circumstances before it, the requirements set forth in CPLR 3122 shall be followed. Except in cases before justices who require oral argument on all motions, the court will determine, on a case-by-case basis, whether oral argument will be heard and, if so, when counsel shall appear. The attorney having supervisory responsibility over the privilege review shall be actively involved in establishing and monitoring the procedures used to collect and review documents to determine that reasonable, good faith efforts are undertaken to ensure that responsive, non-privileged documents are timely produced. (e) All pleadings, briefs or memoranda which reproduce, paraphrase or disclose any materials which have previously been designated by a party as comprising or containing Confidential Information or Highly Confidential Attorneys Eyes-Only Information shall identify such documents by the production number ascribed to them at the time of production. To express their consent to the exclusive jurisdiction of the Commercial Division, parties may include specific language in their contract, such as: THE PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL DIVISION, NEW YORK STATE SUPREME COURT, WHICH SHALL HEAR ANY DISPUTE, CLAIM OR CONTROVERSY ARISING IN CONNECTION WITH OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO THE VALIDITY, BREACH, ENFORCEMENT OR TERMINATION THEREOF., Alternatively, in the event that parties wish to express their consent to the exclusive jurisdiction of either the Commercial Division or the Federal courts in New York State, the parties may include specific language in their contract, such as: THE PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL DIVISION, NEW YORK STATE SUPREME COURT, OR THE FEDERAL COURTS IN NEW YORK STATE, WHICH SHALL HEAR ANY DISPUTE, CLAIM OR CONTROVERSEY ARISING IN CONNECTION WITH OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO THE VALIDITY, BREACH, ENFORCMENT OR TERMINATION THEREOF.. In addition, the statement to be submitted by counsel shall contain categories of information about the case prescribed by the Office of Court Administration which may assist the court, counsel and the parties in considering the role mediation might play in the resolution of the case. If that happens, you only have 30 days to file your Notice of Appeal, 35 days if you are served by mail! A link to a mobile version is provided. View information about Drug Treatment Courts, Mental Health Courts, Sex Offense Courts, Veterans Courts, Community Courts, and Adolescent Diversion Parts, which can set up treatment programs, monitoring, and access to services in lieu of incarceration for some offenders. If the trial exhibits are voluminous, counsel shall consult the clerk of the part for guidance. Except for good cause shown, no preliminary conference shall be adjourned more than once or for more than 30 days. This Stipulation is being entered into to facilitate the production, exchange and discovery of documents and information that the Parties and, as appropriate, non-parties, agree merit confidential treatment (hereinafter the Documents or Testimony). Electronic Submission of Papers. Parties will receive an email with a Teams link and call-in information. Please consult Commercial Division Rules 1 and 8. (b) Pre-trial conference. 2. When appropriate, proposed orders should be submitted with motions. Rule 13. The word count shall exclude the caption, table of contents, table of authorities, and signature block. In the event that any Receiving Party chooses to destroy physical objects and documents, such Party shall certify in writing within sixty (60) days of the final termination of this litigation that it has undertaken its best efforts to destroy such physical objects and documents, and that such physical objects and documents have been destroyed to the best of its knowledge. At least 10 days prior to trial or such other time as the court may set, the parties, after considering the expected testimony of and, if necessary, consulting with their witnesses, shall furnish the court with a realistic estimate of the length of the trial. I hereby submit to the jurisdiction of this court for the purpose of enforcement of the Stipulation in this action. Nothing herein shall be deemed to waive any privilege recognized by law, or shall be deemed an admission as to the admissibility in evidence of any facts or documents revealed in the course of disclosure. 2. Any Party or, as appropriate, non-party, may designate Documents produced, or Testimony given, in connection with this action as confidential, either by notation on each page of the Document so designated, statement on the record of the deposition, or written advice to the respective undersigned counsel for the Parties hereto, or by other appropriate means. (a) If requested by the court, counsel shall submit pre-trial memoranda at such time as the court may set. (b) In the event the parties wish to deviate from the form set forth in Appendix B, they shall submit to the Court a red-line of the proposed changes and a written explanation of why the deviations are warranted in connection with the pending matter. (d) By agreement of the parties to a date no later than one month prior to the close of fact discovery, or at such time set by the Court, the responding party shall state, for each individual request: (i) whether the production of documents in its possession, custody or control and that are responsive to the individual request, as propounded or modified, is complete; or (ii) that there are no documents in its possession, custody or control that are responsive to the individual request as propounded or modified. Counsel for the parties shall consult prior to the pre-trial conference and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection. (g) Deposition testimony given pursuant to this Rule shall be usable against the entity on whose behalf the testimony is given to the same extent provided in CPLR 3117(2) and the applicable rules of evidence. Search Supreme Court civil case records by index number, party name, attorney name, or justice name. 13. (d) In the event that the Partys (or, as appropriate, non-partys) filing includes Confidential Information or Highly Confidential Attorneys Eyes-Only Information produced by a Producing Party that is non-party, the Party (or, as appropriate, non-party) making the filing shall so notify the Producing Party within twenty four (24) hours after the Redacted Filing by providing the Producing Party with a copy of the Redacted Filing as well as a version of the filing with the relevant non-partys Confidential Information or Highly Confidential Attorneys Eyes-Only Information unredacted. As hyperlinked within any number of past posts on this blog, the Commercial Divisions official webpage which encompasses all eight of its statewide locations, including the busy metro counties of New York, Queens, and Kings provides users with county- and judge-specific practice information, including individual rules and procedures for many of its Justices. | version: Jun 6, 2023 (current) Code of Ordinances OF THE COUNTY OF KINGS STATE OF CALIFORNIA. Note: This certification must be served and filed pursuant to Rule 10 of the Commercial Division Rules, with a copy submitted to the court at the time of the Preliminary Conference and each subsequent Compliance or Status Conference. The court denied the motion, explaining: Venue may be changed as of right on the ground that the county designated is not a proper county (CPLR 510 [1]) or on the discretionary ground that the convenience of material witnesses and ends of justice will be promoted by the change (CPLR 510 [3]). 20. If granted, parties will receive an email from chambers with a Teams link. 2. Code, sec. (e) For the purposes of subsection (a)(2) of this Rule, the deposition of an entity shall be treated as a single deposition even though more than one person may be designated to testify on the entitys behalf. A single memorandum of no more than 7,000 words shall be submitted by each side. Rule 29. Video | Transcript, Modification of Monetary Threshold in New York County (Uniform Rule 202.70 (a)), The Chief Judge's Task Force on Commercial Litigation in the 21st Century - Report. However, in order to permit the court the opportunity to resolve issues before motion practice ensues, and to control its calendar in the context of the discovery and trial schedule, pre-motion conferences in accordance herewith must be held. View a directory of Women's Bar Association of New York members. Any person receiving Confidential Information or Highly Confidential Attorneys Eyes-Only Information shall not reveal or discuss such information to or with any person not entitled to receive such information under the terms hereof and shall use reasonable measures to store and maintain the Confidential Information or Highly Confidential Attorneys Eyes-Only Information so as to prevent unauthorized disclosure. Motions in Limine. Conferences and arguments, when necessary, will be scheduled by the court using the information in e-file. Clerk of the Court (559) 582-1010, Ext. Assignment to the Commercial Division Indicate "Commercial" On Request Form Room changes may be made upon appropriate notice. (b) Proposed orders. An alternative sample choice of forum provision to that effect can also be found at Appendix C to these Rules of the Commercial Division. A link to a mobile version is provided. Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the portions of deposition testimony to be offered into evidence without objection. Such correspondence shall not be considered by the court in reaching its decision on the merits of the motion. APPENDIX F. STANDARD FORM OF CONFIDENTIALITY ORDER WITH ATTORNEYS EYES-ONLY DESIGNATED. Service is availble for Supreme Court civil cases in all counties, some local civil courts, and criminal cases in 13 counties. Except as set forth in subdivision (b) of this section, the monetary thresholds of the Commercial Division, exclusive of punitive damages, interests, costs, disbursements and counsel fees claimed, are established as follows: Actions in which the principal claims involve or consist of the following will be heard in the Commercial Division provided that the monetary threshold is met or equitable or declaratory relief is sought: (1) breach of contract or fiduciary duty, fraud, misrepresentation, business tort (. View Document - New York Codes, Rules and Regulations - Westlaw Kings County Nassau County New York County Onondaga County Queens County Seventh Judicial District Suffolk County Westchester County $50,000 $75,000 $100,000 $150,000 $200,000 .

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