(a) Terms of Court. A term of court is a four-week session of court, and there shall be 13 terms of court in a year, unless otherwise provided in the annual schedule of terms established by the Chief Administrator of the Courts, which also shall specify the dates of such terms.

(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.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

(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. Except as otherwise may be authorized by the Chief Administrator or by these rules, every action and proceeding shall be assigned and heard pursuant to the individual assignment system.

(b) Assignments. Actions and proceedings shall be assigned to the judges of the court upon the filing with the court of a request for judicial intervention pursuant to section 202.6 of this Part. Assignments shall be made by the clerk of the court pursuant to a method of random selection authorized by the Chief Administrator. The judge thereby assigned shall be known as the "assigned judge" with respect to that matter and, except as otherwise provided in subdivision (c) of this section, shall conduct all further proceedings therein.

(c) Exceptions.

(1) Where the requirements of matters already assigned to a judge are such as to limit the ability of that judge to handle additional cases, the Chief Administrator may authorize that new assignments to that judge be suspended until the judge is able to handle additional cases.

(2) The Chief Administrator may authorize the establishment in any court of special categories of actions and proceedings, including but not limited to matrimonial actions, medical malpractice actions, tax assessment review proceedings, condemnation actions and actions requiring protracted consideration, for assignment to judges specially assigned to hear such actions or proceedings. Where more than one judge is specially assigned to hear a particular category of action or proceeding, the assignment of such actions or proceedings to the judges so assigned shall be at random.

(3) The Chief Administrator may authorize the assignment of one or more special reserve trial judges. Such judges may be assigned matters for trial in exceptional circumstances where the needs of the courts require such assignment.

(4) Matters requiring immediate disposition may be assigned to a judge designated to hear such matters when the assigned judge is not available.

(5) The Chief Administrator may authorize the transfer of any action or proceeding and any matter relating to an action or proceeding from one judge to another in accordance with the needs of the court.

(6) The Chief Administrator may authorize the establishment in any court or county or judicial district of a dual track system of assignment. Under such system each action and proceeding shall be supervised continuously by the individually assigned judge until the note of issue and certificate of readiness have been filed and the pretrial conference, if one is ordered, has been held. The action or proceeding then may be assigned to another judge for trial in a manner prescribed by the Chief Administrator.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Feb. 16, 1988 eff. April 1, 1988. Added (c)(6).

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 County Court in the county where venue is laid, during periods when no Supreme Court term is in session in the county.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed March 25, 1987 eff. March 13, 1987.

Section 202.05 Papers filed in court.

(a) Index Number; Form; Label. The party filing the first paper 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. 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. 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. In addition to complying with the provisions of CPLR 2101, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and every paper, other than an exhibit or printed form, shall contain writing on one side only, 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. 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.

(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.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Feb. 16, 1988; May 9, 1994 eff. May 16, 1994. Amended (a).

Section 202.05a Filing by Facsimile Transmission.

(a) Application.

(1) There is hereby established a pilot program in which papers may be filed by facsimile transmission with the Supreme Court and, as is provided in section 206.5-a of this Title, with the Court of Claims. In the Supreme Court, the program shall be limited to commercial claims and tax certiorari, conservatorship, and mental hygiene proceedings in Monroe, Westchester, New York and Suffolk Counties.

(2) "Facsimile transmission" for purposes of these rules shall mean any method of transmission of documents to a facsimile machine at a remote location which can automatically produce a tangible copy of such document.

(b) Procedure.

(1) Papers in any civil actions or proceedings designated pursuant to this section, including those commencing an action or proceeding, may be filed with the appropriate court clerk by facsimile transmission at a facsimile telephone number provided by the court for that purpose. The cover page of each facsimile transmission shall be in a form prescribed by the Chief Administrator and shall state the nature of the paper being filed; the name, address and telephone number of the filing party or party's attorney; the facsimile telephone number that may receive a return facsimile transmission, and the number of total pages, including the cover page, being filed. The papers, including exhibits, shall comply with the requirements of CPLR 2101(a) and section 202.5 of this Part and shall be signed as required by law. Whenever a paper is filed that requires the payment of a filing fee, a separate credit card or debit card authorization sheet shall be included and shall contain the credit or debit card number or other information of the party or attorney permitting such card to be debited by the clerk for payment of the filing fee. The card authorization sheet shall be kept separately by the clerk and shall not be a part of the public record. The clerk shall not be required to accept papers more than 50 pages in length, including exhibits but excluding the cover page and the card authorization sheet.

(2) Papers may be transmitted at any time of the day or night to the appropriate facsimile telephone number and will be deemed filed upon receipt of the facsimile transmission, provided, however, that where payment of a fee is required, the papers will not be deemed filed unless accompanied by a completed credit card or debit card authorization sheet. The clerk shall date-stamp the papers with the date that they were received. Where the papers initiate an action, the clerk also shall mark the papers with the index number. No later than the following business day, the clerk shall transmit a copy of the first page of each paper, containing the date of filing and, where appropriate, the index number, to the filing party or attorney, either by facsimile or first class mail. If any page of the papers filed with the clerk was missing or illegible, a telephonic, facsimile, or postal notification transmitted by the clerk to the party or attorney shall so state, and the party or attorney shall forward the new or corrected page to the clerk for inclusion in the papers.

(c) Technical failures. The appropriate clerk shall deem the UCS fax server to be subject to a technical failure on a given day if the server is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour after 12:00 noon of that day. The clerk shall provide notice of all such technical failures by means of the UCS fax server which persons may telephone in order to learn the current status of the Service which appears to be down. When filing by fax is hindered by a technical failure of the UCS fax server, with the exception of deadlines that by law cannot be extended, the time for filing of any paper that is delayed due to technical failure shall be extended for one day for each day in which such technical failure occurs, unless otherwise ordered by the court.

Historical Note
Sec. filed Oct. 13, 1999; amd. filed Jan. 6, 2003 eff. Jan. 2, 2003. Amended (a)(1).

Section 202.05b Filing by Electronic Means.

(a) Application.

(1) There is hereby established a pilot program in which papers in the following civil actions may be served or filed by electronic means (FBEM):

(i) tax certiorari claims in the Supreme Court in Monroe, Westchester, New York and Suffolk Counties; and

(ii) commercial claims in the Commercial Divisions of Supreme Court in Albany, Monroe, Nassau, New York, Suffolk and Westchester Counties. The pilot program also shall apply to claims in the Court of Claims as provided in section 206.5-aa of this Title.

(2) "Electronic means" for purposes of these rules shall mean any method of transmission of information between computers or other machines, other than facsimile machines, designed for the purpose of sending and receiving such transmissions, and which allows the recipient to reproduce the information transmitted in a tangible medium of expression.

(3) An "action" for the purposes of these rules shall include a special proceeding.

(4) "Hard copy" shall mean information set forth in paper form.

(b) Designation of Actions Subject to FBEM.

(1) In any case designated pursuant to this section, a party may commence an action by filing the initiating papers by electronic means with the County Clerk, or by filing a hard copy of those papers with the County Clerk. Upon such filing, the County Clerk shall provide the filing party with a copy of a Notice Regarding Availability of Electronic Filing in a form approved by the Chief Administrator. If that party desires that the action be subject to FBEM, the party shall serve the other parties with such Notice, together with the initiating papers.

(2) Parties who consent to participate in FBEM shall promptly file with the court and serve on all parties of record a Consent to FBEM, in hard copy, in conformance with subdivision (c) of this section. A party represented by an attorney who has already registered as a Filing User pursuant to subdivision (d) may instead file and serve the Consent to FBEM electronically by checking the designated box and following the instructions on the New York State Unified Court System, Internet Site (UCS Internet Site) (http:// fbem.courts.state.ny.us).

(3) A judge assigned to a case in the FBEM pilot program shall be denominated a "participating judge", and upon the assignment of a participating judge, the clerk shall so notify the parties. If the judge assigned does not wish to be a "participating judge" or orders that the action should not be subject to FBEM, the clerk shall direct the parties to file all papers, including any papers previously filed electronically, in hard copy. The assigned judge shall note on the initial Preliminary Conference Stipulation and Order form whether the action is subject to FBEM. All papers may be served and filed in hard copy in accordance with the Civil Practice Law and Rules until an action is subject to FBEM. Upon an action being subject to FBEM, all papers shall be served and filed in accordance with this section.

(4) The parties may apply at any time for an order that an action be subject to FBEM by submitting a Consent by all parties to FBEM satisfying the requirements of subdivision (c) of this section, which application the court in its discretion may grant or deny.

(5) When an action becomes subject to FBEM, the court may direct that papers previously filed in the action in the County Clerk's office be filed electronically. The parties shall be responsible for converting all previously filed hard copy documents into electronic form.

(6) The court may terminate or modify the application of FBEM to an action at any time and may excuse a party from compliance with any provision of these rules in order to prevent prejudice and promote substantial justice.

(7) When a case subject to FBEM is removed from FBEM, in whole or in part, the clerk shall convert into hard-copy those documents comprising the case file which had been received by FBEM.

(c) Consents to FBEM and E-Mail Addresses of Record.

(1) The consent to FBEM shall state that the submitting party consents to the use of FBEM in the action, including consent to be bound by the service and filing provisions in these rules, and shall set forth up to three Internet e-mail addresses for the purposes of service and giving notice of each filing (the E-Mail Addresses of Record). In addition, the consent to FBEM shall state that the party agrees to comply with the User's Manual approved by the Chief Administrator.

(2) The UCS Internet Site shall include for each action subject to FBEM a current list of the E-Mail Addresses of Record maintained by the County Clerk and the Chief Clerk of the Supreme Court. Access to e-mail addresses may be restricted to prevent unwanted e-mail solicitations. Each attorney of record and each unrepresented party shall promptly serve notice upon all parties of any change in such person's E-Mail Addresses of Record, and shall promptly notify the appropriate clerks of such change, including identifying to the clerks each action subject to FBEM in which the e-mail address must be updated and confirming that such person has received test e-mail messages successfully from all persons who have consented to FBEM in the action.

(d) Filing Users, Passwords and Other Attorney Information.

(1) An attorney admitted to practice in the State of New York, or admitted pro hac vice for purposes of an action, may register as a Filing User of the UCS Internet Site. A party to an action subject to FBEM who is not represented by an attorney may register as a Filing User of the UCS Internet Site for purposes of such action. Registration shall be by paper on a form prescribed by the appropriate clerk, which shall require identification of the action and the name, address, telephone number and Internet e-mail address of the Filing User. An attorney registering as a Filing User shall declare on the registration form that the attorney is admitted to the Bar of the New York State or admitted pro hac vice in the particular action. If, during the course of the action, an unrepresented party retains an attorney who appears on the party's behalf, the appearing attorney shall ask the clerk to terminate the party's registration as a Filing User upon the attorney's appearance.

(2) A Filing User shall notify the clerk immediately of any change in the information provided in the Filing User's registration.

(3) A Filing User shall be issued a User Identification Designation (user ID) and a password by the appropriate clerk upon registration. The clerk shall maintain a confidential record of issued user IDs and passwords.

(4) A Filing User shall maintain as confidential, except as provided in paragraph (6) of this subdivision, the user ID and password issued by the clerk. Upon learning of the compromise of the confidentiality of either the user ID or the password, the Filing User shall immediately notify the appropriate clerk, who shall issue the user a new user ID or password as appropriate.

(5) The clerk may at any time issue a new user ID or password to any Filing User. A Filing User may at any time obtain a new user ID or password upon request to the clerk by following procedures prescribed by the clerk.

(6) In the event the Filing User authorizes another person to file a paper on the Filing User's behalf using the user ID and password of the Filing User, such Filing User shall retain full responsibility for any papers filed.

(e) Electronic filing of papers.

(1) In any case subject to FBEM, all papers required to be filed with the clerk shall be filed electronically on the UCS Internet Site, except as expressly provided herein. Only a Filing User as defined in subdivision (d) of this section may file papers under FBEM.

(2) Every paper filed electronically shall be signed for the purposes of Part 130 of the Rules of the Chief Administrator (22 NYCRR) in accordance with subdivision (f) of this section. The paper shall provide the signatory's name, address and telephone number.

(3) Whenever papers are filed electronically that require the payment of a filing fee, such papers shall include a separate credit or debit card authorization sheet and shall contain the card number or other information of the party or attorney permitting such card to be debited by the County Clerk for the payment of the filing fee. The card authorization shall be kept separately by the clerk and shall not be a part of the public record. The Chief Administrator may establish alternative methods for the payment of a filing fee by credit or debit card in some or all classes of cases and may permit other methods of paying filing fees from remote locations, such as electronic funds transfers and digital cash payments, and may provide guidelines for their use.

(4)

(i) Papers may be transmitted at any time of the day or night to the UCS Internet Site, and will be deemed filed upon the receipt of those papers by that Site, provided, however, that where payment of a fee is required, the papers will not be deemed filed unless accompanied by a completed credit card or debit card authorization sheet.

(ii) No later than the business day following transmittal of papers to the UCS Internet Site, the clerk shall transmit electronically to the sender a Confirmation of Electronic Filing. When papers initiating an action are filed electronically, an index number shall be assigned to the action and the number shall be transmitted to the filing party as part of the Confirmation of Electronic Filing.

(iii) When transmitting papers to the UCS Internet Site, a Filing User shall indicate whether the document to be transmitted contains any of the following: individually identifiable health information, a social security number, a credit card number, a bank account number, an individual's date of birth, an individual's home address, a minor child's name, or trade secrets. If the Filing User indicates that any of this information is contained in the document being transmitted, the document being transmitted may be viewed on-line electronically only by the court, counsel of record for the parties to the action in which this document is filed, and any party to that action. The document will, however, be available for public inspection at the courthouse unless otherwise sealed by the court.

(5) When a paper has been filed electronically, the official record shall be the electronic recording of the paper stored by the clerk. Such document also may be filed in hard copy with the appropriate clerk. The participating judges may request courtesy hard copies of the papers.

(6) A Filing User seeking to file electronically any paper that requires a judge's signature shall also transmit such document in hard copy to the court. Orders signed by a judge shall be filed in hard copy, converted into electronic form by the appropriate clerk, and entered into the official record.

(7) A participating judge, by use of a password and participating judge designation issued by the clerk, may approve preliminary conference, scheduling, and other non-dispositive orders which shall be effective upon filing and issuance of an electronic notice of entry by the clerk.

(8) Nothing in the procedures for FBEM shall be interpreted to permit access to material filed under seal except upon order of the court.

(f) Signatures. A paper filed or served electronically shall be deemed to be signed by a person (the "signatory") when the paper identifies the person as a signatory in compliance with paragraph (1), (2), or (3) of this subdivision. The filing or service shall bind the signatory as if the paper were physically signed, and shall function as the signatory' s signature.

(1) In the case of a signatory who is a Filing User such paper shall be deemed signed regardless of the existence of a physical signature on the paper, provided that such paper is filed using the User ID and password of the signatory.

(2) In the case of a signatory who is not a Filing User, such as an affiant or a deponent, or who is a Filing User but whose User ID and password will not be utilized in the electronic filing or service of the paper, such paper must be physically signed by the signatory before it is filed. A Filing User who files or serves such paper represents that he or she possesses the executed hard copy of such paper and agrees to produce it at the request of a party or the court.

(3) A party may add his or her signature to a filed paper by signing and filing a Certification of Signature for such paper in a form prescribed by the Chief Administrator. Such Certification shall provide the title, sequential number on the List of Papers Filed, and date and time filed of the paper being so signed.

(g) Service on parties who have consented to FBEM.

(1) An attorney or party seeking to effect service upon the opposing party to obtain personal jurisdiction may serve the party by any of the methods permitted by Article 3 of the CPLR, or may serve the party by electronic means if the party agrees to accept service by this method. A party that agrees to accept service by electronic means shall provide the serving party or attorney with an electronic confirmation within 24 hours of service that the service has been effected.

(2) An attorney or a party filing an interlocutory paper pursuant to the FBEM procedures shall, on the day of filing, send electronically a Notice of Filing of the paper to all E-Mail Addresses of Record. Such Notice shall provide the sequential number on the list of documents filed and the title of the paper filed, and the date and time filed, as set forth in the Confirmation of Electronic Filing received from the court. The party receiving the Notice of Filing shall be responsible for accessing the UCS Internet Site to obtain a copy of the paper filed. The electronic transmission of the Notice of Filing shall constitute service of the paper on the addressee. Proof of service shall be filed electronically with the court pursuant to the FBEM procedures, but such proof of service need not itself be served on other parties. Nothing in this section shall preclude a party from utilizing other service methods permitted by the CPLR.

(h) Service on parties who are added to the case.

(1) In an action subject to FBEM, initial service of papers on parties who are added to the case shall be in hard copy and shall include, in addition to the papers, a notice that the action is subject to FBEM. Responsive papers may be served in hard copy and shall include:

(i) a Consent to FBEM for purposes of the action; or

(ii) a statement that the party does not wish to utilize the FBEM option and will file and serve all papers in hard copy. Papers served on a party that declines the FBEM option shall be served in hard copy.

(2) In an action subject to FBEM, a proposed intervenor or other person seeking relief from the court who is not a party may:

(i) file a consent to FBEM procedures and thereby, upon being represented by or registering as a Filing User, become subject to FBEM procedures for such an application; or

(ii) file or serve papers in hard copy, together with a statement that he or she does not wish to utilize the FBEM option.

(i) List of Papers Filed. For each action subject to FBEM, the UCS Internet Site shall provide a sequentially numbered list of all papers filed with the court and shall note the entry of any order or judgment by the court, regardless whether such paper was filed electronically. The record of those filings and entries for each case shall constitute the List of Papers Filed.

(j) Notice and Entry of Orders and Judgments. In an action subject to FBEM, the clerk shall file electronically orders and judgments of the court in accordance with the procedures for FBEM, which shall constitute entry of the order or judgment. This shall not prevent the appropriate clerk from filing and maintaining a paper copy of such orders or judgments, in his or her discretion. At the time of the entry of an order or judgment, the clerk shall transmit by e-mail to the E-Mail Addresses of Record a notification that the order or judgment has been entered and shall make a note in the Electronic Filing Index of the transmission. Such notice by the clerk shall not constitute service of notice of entry by any party. A party may serve notice of entry of an order or judgment on another party by separately transmitting to the party to be served the notification received from the clerk, a copy of the order or judgment, together with an express statement that the transmittal constitutes notice of entry.

(k) Technical Failures. The appropriate clerk shall deem the UCS Internet Site to be subject to a technical failure on a given day if the Site is unable to accept filings or provide access to filed documents continuously or intermittently over the course of any period of time greater than one hour after 12:00 noon of that day. The clerk shall provide notice of all such technical failures on the UCS Internet Site and by means of the UCS Internet Site status line, which persons may telephone in order to learn the current status of the Site. When filing by electronic means is hindered by a technical failure, a party may file with the appropriate clerk in hard copy. With the exception of deadlines that by law cannot be extended, the time for filing of any paper that is delayed due to technical failure of the UCS Internet Site shall be extended for one day for each day in which such technical failure occurs, unless otherwise ordered by the court.

(l) Electronic Filing of Papers Not Otherwise Permitted to be Filed. In any action subject to FBEM procedures, the court may enter an order authorizing the electronic filing of discovery requests, discovery responses, discovery materials or other matter to the degree and upon terms and conditions to which all of the parties (or non-parties producing such materials) have previously agreed in a stipulation submitted to the court. In the absence of such an order, no party shall file electronically any such materials except in the form of excerpts, quotations, or selected exhibits from such materials as part of motion papers, pleadings or other filings with the court.

(m) Copyright, Confidentiality, and Other Proprietary Rights.

(1) Submissions pursuant to FBEM shall have the same copyright, confidentiality and proprietary rights as paper documents.

(2) In an action subject to FBEM, any person may apply for an order prohibiting or restricting the electronic filing in the action of specifically identified materials on the grounds that such materials are subject to copyright or other proprietary rights, or trade secret or other privacy interests, and that electronic filing in the action is likely to result in substantial prejudice to those rights or interests. Unless otherwise permitted by the court, a motion for such an order shall be filed not less than five days before the materials to which the motion pertains are due to be produced or filed with the court.

Historical Note
Sec. filed Oct. 13, 1999; amds. filed: Oct. 23, 2000; Jan. 6, 2003 eff. Jan. 2, 2003. Amended (a)-(e), (h), (k).

Section 202.06 Request for judicial intervention.

(a) At any time after service of process, a party may file a request for judicial intervention. Except as provided in subdivision (b) of this section, in an action not yet assigned to a judge, the court shall not accept for filing a notice of motion, order to show cause, application for ex parte order, notice of petition, note of issue, notice of medical, dental or podiatric malpractice action, statement of net worth pursuant to section 236 of the Domestic Relations Law or request for a preliminary conference pursuant to section 202.12(a) of this Part, unless such notice or application is accompanied by a request for judicial intervention. Where an application for poor person relief is made, payment of the fee for filing the request for judicial intervention accompanying the application shall be required only upon denial of the application. A request for judicial intervention must be submitted, in duplicate, on a form authorized by the Chief Administrator of the Courts, with proof of service on the other parties to the action (but proof of service is not required where the application is ex parte).

(b) The filing of a request for judicial intervention and payment of the fee required by CPLR 8020(a) for said filing shall not be required with respect to an application not filed in an action or proceeding, nor with respect to a petition for the sale of church property, an application for change of name, a habeas corpus proceeding where the movant is institutionalized, an application for default judgment to the clerk pursuant to CPLR 3215(a), an application under CPLR 3102(e) for court assistance in obtaining disclosure in an action pending in another state, a retention proceeding authorized by Article 9 of the Mental Hygiene Law, an appeal to a county court of a civil case brought in a court of limited jurisdiction, an application to vacate a judgement on account of bankruptcy, a motion for an order authorizing emergency surgery, or within the City of New York, an uncontested action for a judgment for annulment, divorce or separation commenced pursuant to Article 9, 10 or 11 of the Domestic Relations Law.

(c) In the counties within the City of New York, when a request for judicial intervention is filed, the clerk shall require submission of a copy of the receipt of purchase of the index number provided by the County Clerk, or a written statement of the County Clerk that an index number was purchased in the action. Unless otherwise authorized by the Chief Administrator, the filing of a request for judicial intervention pursuant to this section shall cause the assignment of the action to a judge pursuant to section 202.3 of this Part. The clerk may require that a self-addressed and stamped envelope accompany the request for judicial intervention.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Feb. 16, 1988; Sept. 11, 1989; Jan. 6, 1999; Jan. 8, 2001 eff. Dec. 27, 2000. Amended (b).

Section 202.07 Calendaring of motions; uniform notice of motion form; affirmation of good faith.

(a) There shall be compliance with the procedures prescribed in the CPLR for the bringing of motions. In addition, except as provided in subdivision (d) of this section, no motion shall be filed with the court unless there have been served and filed with the motion papers (1) a notice of motion, and (2) with respect to a motion relating to disclosure or to a bill of particulars, an affirmation that counsel has conferred with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion.

(b) The notice of motion shall read substantially as follows:

__________________ COURT OF THE STATE OF NEW YORK

COUNTY OF_______________________

____________________________________ x

A.B.,
		Notice of Motion
Plaintiff,		Index No.
-against-		_____________________
C.D.,		Name of Assigned Judge
Defendant		_____________________
		Oral argument is requested (check box if applicable)

____________________________________ x

Upon the affidavit of_____, sworn to on _____, 19 _____, and upon (list supporting papers if any), the . . . will move this court (in Room _____) at the ___________ Courthouse, ___________ New York, on the _____day of ___________, 20 _____ , at _____ (a.m.) (p.m.) for an order (briefly indicate relief requested).

The above-entitled action is for (briefly state nature of action, e.g., personal injury, medical malpractice, divorce, etc.).

This is a motion for or related to interim maintenance or child support . (check box if applicable)

An affirmation that a good faith effort has been made to resolve the issues raised in this motion is annexed hereto.

(required only where the motion relates to disclosure or to a bill of particulars)

Pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of this motion. (check box if applicable)

Dated:

(c) The affirmation of the good faith effort to resolve the issues raised by the motion shall indicate the time, place and nature of the consultation and the issues discussed and any resolutions, or shall indicate good cause why no such conferral with counsel for opposing parties was held.

(d) An order to show cause or an application for ex parte relief need not contain the notice of motion set forth in this section, but shall contain the affirmation of good faith set forth in this section if such affirmation otherwise is required by this section.

(e) Ex parte motions submitted to a judge outside of the county where the underlying action is venued or will be venued shall be referred to the appropriate court in the county of venue unless the judge determines that the urgency of the motion requires immediate determination.

(f) Any application for temporary injunctive relief, including but not limited to a motion for a stay or a temporary restraining order, shall contain, in addition to the other information required by this section, an affirmation demonstrating there will be significant prejudice to the party seeking the restraining order by giving of notice. In the absence of a showing of significant prejudice, the affirmation must demonstrate that a good faith effort has been made to notify the party against whom the temporary restraining order is sought of the time, date and place that the application will be made in a manner sufficient to permit the party an opportunity to appear in response to the application. This subdivision shall not be applicable to orders to show cause or motions in special proceedings brought under Article 7 of the Real Property Actions and Proceedings Law, nor to orders to show cause or motions requesting an order of protection under section 240 of the Domestic Relations Law, unless otherwise ordered by the court.

¹If any party is appearing pro se, the name, address and telephone number of such party shall be stated.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Feb. 16, 1988 eff. April 1, 1988.

Added (f) on Oct. 1, 2006

Amended (f) on Feb. 13, 2007

Amended (f) on Jun. 11, 2007 (previous version)

Section 202.08 Motion procedure.

(a) All motions shall be returnable before the assigned judge, and all papers shall be filed with the court on or before the return date.

(b) Special Procedure for Unassigned Cases. If a case has not been assigned to a judge, the motion shall be made returnable before the court, and a copy of the moving papers, together with a request for judicial intervention, shall be filed with the court, with proof of service upon all other parties, where required by section 202.6 of this Part, within five days of service upon the other parties. The moving party shall give written notice of the index number to all other parties immediately after filing of the papers. Copies of all responding papers shall be submitted to the court, with proof of service and with the index number set forth in the papers, on or before the return date. The case shall be assigned to a judge as soon as practicable after the filing of the request for judicial intervention pursuant to section 202.6 of this Part, but in no event later than the return date. After assignment to the judge, the court shall provide for appropriate notice to the parties of the name of the assigned judge. Motion papers noticed to be heard in a county other than the county where the venue of the action has been placed by the plaintiff shall be assigned to a judge in accordance with procedures established by the Chief Administrator.

(c) The moving party shall serve copies of all affidavits and briefs upon all other parties at the time of service of the notice of motion. The answering party shall serve copies of all affidavits and briefs as required by CPLR 2214. Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of the relevant law.

(d) Motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the return date. The assigned judge, in his or her discretion or at the request of a party, thereafter may determine that any motion be orally argued and may fix a time for oral argument. A party requesting oral argument shall set forth such request in its notice of motion or in its order to show cause or on the first page of the answering papers, as the case may be. Where all parties to a motion request oral argument, oral argument shall be granted unless the court shall determine it to be unnecessary. Where a motion is brought on by order to show cause, the court may set forth in the order that oral argument is required on the return date of the motion.

(e)

(1) Stipulations of adjournment of the return date made by the parties shall be in writing and shall be submitted to the assigned judge. Such stipulation shall be effective unless the court otherwise directs. No more than three stipulated adjournments for an aggregate period of 60 days shall be submitted without prior permission of the court.

(2) Absent agreement by the parties, a request by any party for an adjournment shall be submitted in writing, upon notice to the other party, to the assigned judge on or before the return date. The court will notify the requesting party whether the adjournment has been granted.

(f) Where the motion relates to disclosure or to a bill of particulars, and a preliminary conference has not been held, the court shall notify all parties of a scheduled date to appear for a preliminary conference, which shall be not more than 45 days from the return date of the motion unless the court orders otherwise, and a form of a stipulation and order, prescribed by the Chief Administrator of the Courts, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure within 12 months, and for a resolution of any other issues raised by the motion. If all parties sign the form and return it to the court before the return date of the motion, such form shall be "so ordered" by the court, and the motion shall be deemed withdrawn. If such stipulation is not returned by all parties, the conference shall be held on the assigned date. Issues raised by the motion and not resolved at the conference shall be determined by the court.

(g) Unless the circumstances require settlement of an order, a judge shall incorporate into the decision an order effecting the relief specified in the decision.

(h) Reports of Pending Motions in the Supreme Court

(1) To assist in preparing the quarterly report of pending civil matters required by section 4.1 of the Rules of the Chief Judge, the Chief Administrator of the Court or his or her designee shall provide to a justice of the Supreme Court, upon request, an automated open motion report of all motions pending before the justice which appear undecided 60 days after final submission. This open motion report may be used by the justice to assist in the preparation of his or her official quarterly report.

(2) Since motions are decided on a daily basis and further submissions may be received on a pending motion, the only report that shall be considered current is the official quarterly report submitted by the particular justice.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Feb. 16, 1988; Dec. 14, 1992 eff. Jan. 1, 1993. Amended (a)-(e); added (f)-(g).

Added (h) on Jan. 17, 2006

Amended (h) on Mar. 24, 2006

Amended (h) on Oct. 1, 2006

Amended (h) on Nov. 7, 2007 (previous version)

Section 202.09 Special proceedings.

Special proceedings shall be commenced and heard in the same manner as motions that have not yet been assigned to a judge as set forth in section 202.8 of this Part, except that they shall be governed by the time requirements of the CPLR relating to special proceedings.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.10 to 202.11 [Reserved]

Section 202.12 Preliminary conference.

(a) A party may request a preliminary conference at any time after service of process. The request shall state the title of the action; index number; names, addresses and telephone numbers of all attorneys appearing in the action; and the nature of the action. If the action has not been assigned to a judge, the party shall file a request for judicial intervention together with the request for a preliminary conference. The request shall be served on all other parties and filed with the clerk for transmittal to the assigned judge. The court shall order a preliminary conference in any action upon compliance with the requirements of this subdivision.

(b) The court shall notify all parties of the scheduled conference date, which shall be not more than 45 days from the date the request for judicial intervention is filed unless the court orders otherwise, and a form of a stipulation and order, prescribed by the Chief Administrator of the Courts, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure within 12 months of the filing of the request for judicial intervention for a standard case, or within 15 months of such filing for a complex case. If all parties sign the form and return it to the court before the scheduled preliminary conference, such form shall be "so ordered" by the court, and, unless the court orders otherwise, the scheduled preliminary conference shall be cancelled. If such stipulation is not returned signed by all parties, the parties shall appear at the conference. Except where a party appears in the action pro se, an attorney thoroughly familiar with the action and authorized to act on behalf of the party shall appear at such conference.

(c) The matters to be considered at the preliminary conference shall include:

(1) simplification and limitation of factual and legal issues, where appropriate;

(2) establishment of a timetable for the completion of all disclosure proceedings, provided that all such procedures must be completed within the timeframes set forth in subdivision (b) of this section, unless otherwise shortened or extended by the court depending upon the circumstances of the case;

(3) addition of other necessary parties;

(4) settlement of the action;

(5) removal to a lower court pursuant to CPLR 325, where appropriate; and

(6) any other matters that the court may deem relevant.

(d) At the conclusion of the conference, the court shall make a written order including its directions to the parties as well as stipulations of counsel. Alternatively, in the court's discretion, all directions of the court and stipulations of counsel may be recorded by a reporter. Where the latter procedure is followed, the parties shall procure and share equally the cost of a transcript thereof unless the court in its discretion otherwise provides. The transcript, corrected if necessary on motion or by stipulation of the parties approved by the court, shall have the force and effect of an order of the court. The transcript shall be filed by the plaintiff with the clerk of the court.

(e) The granting or continuation of a special preference shall be conditional upon full compliance by the party who has requested any such preference with the foregoing order or transcript. When a note of issue and certificate of readiness are filed pursuant to section 202.21 of this Part, in an action to which this section is applicable, the filing party, in addition to complying with all other applicable rules of the court, shall file with the note of issue and certificate of readiness an affirmation or affidavit, with proof of service on all parties who have appeared, showing specific compliance with the preliminary conference order or transcript.

(f) In the discretion of the court, failure by a party to comply with the order or transcript resulting from the preliminary conference, or with the so- ordered stipulation provided for in subdivision (b) of this section, or the making of unnecessary or frivolous motions by a party, shall result in the imposition upon such party of costs or such other sanctions as are authorized by law.

(g) A party may move to advance the date of a preliminary conference upon a showing of special circumstances.

(h) Motions in actions to which this section is applicable made after the preliminary conference has been scheduled, may be denied unless there is shown good cause why such relief is warranted before the preliminary conference is held.

(i) No action or proceeding to which this section is applicable shall be deemed ready for trial unless there is compliance with the provisions of this section and any order issued pursuant thereto.

(j) The court, in its discretion, at any time may order such conferences as the court may deem helpful or necessary in any matter before the court.

(k) The provisions of this section shall apply to preliminary conferences required in matrimonial actions and actions based upon a separation agreement, in medical malpractice actions, and in real property tax assessment review proceedings within the City of New York, only to the extent that these provisions are not inconsistent with the provisions of sections 202.16, 202.56 and 202.60 of this Part, respectively.

(l) The provisions of this section shall apply where a request is filed for a preliminary conference in an action involving a terminally ill party governed by CPLR 3407 only to the extent that the provisions of this section are not inconsistent with the provisions of CPLR 3407. In an action governed by CPLR 3407 the request for a preliminary conference may be filed at any time after commencement of the action, and shall be accompanied by the physician's affidavit required by that provision, but need not be accompanied by an affirmation of good faith prescribed by subdivision (a) of this section.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Feb. 16, 1988; Nov. 19, 1992; Dec. 14, 1992; Feb. 12, 1996; Aug. 4, 1998; Jan. 6, 1999 eff. Dec. 21, 1998. Amended (a).

Section 202.13 Removal of actions without consent to courts of limited jurisdiction.

Actions may be removed to courts of limited jurisdiction without consent pursuant to the provisions of CPLR 325(d) as follows:

(a) from the Supreme Court in counties within the First, Second, Eleventh and Twelfth Judicial Districts to the Civil Court of the City of New York;

(b) from the Supreme Court in counties within the Ninth Judicial District to county and city courts within such counties;

(c) from the Supreme Court in counties within the Tenth Judicial District to county courts within such counties;

(d) from the Supreme Court in counties within the Third Judicial Department to county and city courts within such counties;

(e) from the Supreme Court in counties within the Fourth Judicial Department to county and city courts within such counties;

(f) from the County Court of Broome County to the City Court of Binghamton;

(g) from the County Court of Albany County to the City Court of Albany;

(h) from the Supreme Court and County Court of Nassau County to the District Court of Nassau County and to the city courts within such county; and

(i) from the Supreme Court and County Court of Suffolk County to the District Court of Suffolk County.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: March 25, 1987; March 30, 1988; Feb. 13, 1989; April 30, 1999; July 26, 1999 eff. July 21, 1999. Amended (h).

Section 202.14 Special masters.

The Chief Administrator of the Courts may authorize the creation of a program for the appointment of attorneys as special masters in designated courts to preside over conferences and hear and report on applications to the court. Special masters shall serve without compensation.

Historical Note
Sec. filed Feb. 16, 1988 eff. April 1, 1988.

Section 202.15 Videotape recording of civil depositions.

(a) When Permitted. Depositions authorized under the provisions of the Civil Practice Law and Rules or other law may be taken, as permitted by section 3113(b) of the Civil Practice Law and Rules, by means of simultaneous audio and visual electronic recording, provided such recording is made in conformity with this section.

(b) Other Rules Applicable. Except as otherwise provided in this section, or where the nature of videotaped recording makes compliance impossible or unnecessary, all rules generally applicable to examinations before trial shall apply to videotaped recording of depositions.

(c) Notice of Taking Deposition. Every notice or subpoena for the taking of a videotaped deposition shall state that it is to be videotaped and the name and address of the videotape operator and of the operator's employer, if any. The operator may be an employee of the attorney taking the deposition. Where an application for an order to take a videotaped deposition is made, the application and order shall contain the same information.

(d) Conduct of the Examination.

(1) The deposition shall begin by one of the attorneys or the operator stating on camera:

(i) the operator's name and address;

(ii) the name and address of the operator's employer;

(iii) the date, the time and place of the deposition; and

(iv) the party on whose behalf the deposition is being taken.

The officer before whom the deposition is taken shall be a person authorized by statute and shall identify himself or herself and swear the witness on camera. If the deposition requires the use of more than one tape, the end of each tape and the beginning of each succeeding tape shall be announced by the operator.

(2) Every videotaped deposition shall be timed by means of a time-date generator which shall permanently record hours, minutes and seconds. Each time the videotape is stopped and resumed, such times shall be orally announced on the tape.

(3) More than one camera may be used, either in sequence or simultaneously.

(4) At the conclusion of the deposition, a statement shall be made on camera that the recording is completed. As soon as practicable thereafter, the videotape shall be shown to the witness for examination, unless such showing and examination are waived by the witness and the parties.

(5) Technical data, such as recording speeds and other information needed to replay or copy the tape, shall be included on copies of the videotaped deposition.

(e) Copies and Transcription. The parties may make audio copies of the deposition and thereafter may purchase additional audio and audio-visual copies. A party may arrange to have a stenographic transcription made of the deposition at his or her own expense.

(f) Certification. The officer before whom the videotape deposition is taken shall cause to be attached to the original videotape recording a certification that the witness was fully sworn or affirmed by the officer and that the videotape recording is a true record of the testimony given by the witness. If the witness has not waived the right to a showing and examination of the videotape deposition, the witness shall also sign the certification in accordance with the provisions of section 3116 of the Civil Practice Law and Rules.

(g) Filing and Objections.

(1) If no objections have been made by any of the parties during the course of the deposition, the videotape deposition may be filed by the proponent with the clerk of the trial court and shall be filed upon the request of any party.

(2) If objections have been made by any of the parties during the course of the deposition, the videotape deposition, with the certification, shall be submitted to the court upon the request of any of the parties within 10 days after its recording, or within such other period as the parties may stipulate, or as soon thereafter as the objections may be heard by the court, for the purpose of obtaining rulings on the objections. An audio copy of the sound track may be submitted in lieu of the videotape for this purpose, as the court may prefer. The court may view such portions of the videotape recording as it deems pertinent to the objections made, or may listen to an audiotape recording. The court, in its discretion, may also require submission of a stenographic transcript of the portion of the deposition to which objection is made, and may read such transcript in lieu of reviewing the videotape or audio copy.

(3)

(i) The court shall rule on the objections prior to the date set for trial and shall return the recording to the proponent of the videotape with notice to the parties of its rulings and of its instructions as to editing. The editing shall reflect the rulings of the court and shall remove all references to the objections. The proponent, after causing the videotape to be edited in accordance with the court's instructions, may cause both the original videotape recording and the deleted version of the recording, clearly identified, to be filed with the clerk of the trial court, and shall do so at the request of any party. Before such filing, the proponent shall permit the other party to view the edited videotape.

(ii) The court may, in respect to objectionable material, instead of ordering its deletion, permit such material to be clearly marked so that the audio recording may be suppressed by the operator during the objectionable portion when the videotape is presented at the trial. In such case the proponent may cause both the original videotape recording and a marked version of that recording, each clearly identified, to be filed with the clerk of the trial court, and shall do so at the request of any party.

(h) Custody of Tape. When the tape is filed with the clerk of the court, the clerk shall give an appropriate receipt for the tape and shall provide secure and adequate facilities for the storage of videotape recordings.

(i) Use at Trial. The use of videotape recordings of depositions at the trial shall be governed by the provisions of the Civil Practice Law and Rules and all other relevant statutes, court rules and decisional law relating to depositions and relating to the admissibility of evidence. The proponent of the videotaped deposition shall have the responsibility of providing whatever equipment and personnel may be necessary for presenting such videotape deposition.

(j) Applicability to Audio Taping of Depositions. Except where clearly inapplicable because of the lack of a video portion, these rules are equally applicable to the taking of depositions by audio recording alone. However, in the case of the taking of a deposition upon notice by audio recording alone, any party, at least five days before the date noticed for taking the deposition, may apply to the court for an order establishing additional or alternate procedures for the taking of such audio deposition, and upon the making of the application, the deposition may be taken only in accordance with the court order.

(k) Cost. The cost of videotaping or audio recording shall be borne by the party who served the notice for the videotaped or audio recording of the deposition, and such cost shall be a taxable disbursement in the action unless the court in its discretion orders otherwise in the interest of justice.

(l) Transcription for Appeal. On appeal, visual and audio depositions shall be transcribed in the same manner as other testimony and transcripts filed in the appellate court. The visual and audio depositions shall remain part of the original record in the case and shall be transmitted therewith. In lieu of the transcribed deposition and, on leave of the appellate court, a party may request a viewing of portions of the visual deposition by the appellate court but, in such case, a transcript of pertinent portions of the deposition shall be filed as required by the court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.16 Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite,and child support; special rules.

(a) Applicability.

This section shall be applicable to all contested actions and proceedings in the Supreme Court in which statements of net worth are required by section 236 of the Domestic Relations Law to be filed and in which a judicial determination may be made with respect to alimony, counsel fees, pendente lite, maintenance, custody and visitation, child support, or the equitable distribution of property, including those referred to Family Court by the Supreme Court pursuant to section 464 of the Family Court Act.

(b) Form of Statements of Net Worth.

Sworn statements of net worth, except as provided in subdivision (k) of this section, exchanged and filed with the court pursuant to section 236 of the Domestic Relations Law, shall be in substantial compliance with the Statement of Net Worth form contained in Chapter III, Subchapter A of Subtitle D (Forms) of this Title.

(c) Retainer Agreements

(1) A signed copy of the attorney's retainer agreement with the client shall accompany the statement of net worth filed with the court, and the court shall examine the agreement to assure that it conforms to Appellate Division attorney conduct and disciplinary rules. Where substitution of counsel occurs after the filing with the court of the net worth statement, a signed copy of the attorney's retainer agreement shall be filed with the court within 10 days of its execution.

(2) An attorney seeking to obtain an interest in any property of his or her client to secure payment of the attorney's fee shall make application to the court for approval of said interest on notice to the client and to his or her adversary. The application may be granted only after the court reviews the finances of the parties and an application for attorney's fees.

(d) Request for Judicial Intervention.

A request for judicial intervention shall be filed with the court by the plaintiff no later than 45 days from the date of service of the summons and complaint or summons with notice upon the defendant, unless both parties file a notice of no necessity with the court, in which event the request for judicial intervention may be filed no later than 120 days from the date of service of the summons and complaint or summons with notice upon the defendant. Notwithstanding section 202.6(a) of this Part, the court shall accept a request for judicial intervention that is not accompanied by other papers to be filed in court.

(e) Certification.

Every paper served on another party or filed or submitted to the court in a matrimonial action shall be signed as provided in section 130-1.1a of this Title.

(f) Preliminary Conference.

(1) In all actions or proceedings to which this section of the rules is applicable, a preliminary conference shall be ordered by the court to be held within 45 days after the action has been assigned. Such order shall set the time and date for the conference and shall specify the papers that shall be exchanged between the parties. These papers must be exchanged no later than 10 days prior to the preliminary conference, unless the court directs otherwise. These papers shall include:

(i) statements of net worth, which also shall be filed with the court no later than 10 days prior to the preliminary conference;

(ii) all paycheck stubs for the current calendar year and the last paycheck stub for the immediately preceding calendar year;

(iii) all filed State and Federal income tax returns for the previous three years, including both personal returns and returns filed on behalf of any partnership or closely held corporation of which the party is a partner or shareholder;

(iv) all W-2 wage and tax statements, 1099 forms, and K-1 forms for any year in the past three years in which the party did not file State and Federal income tax returns;

(v) all statements of accounts received during the past three years from each financial institution in which the party has maintained any account in which cash or securities are held;

(vi) the statements immediately preceding and following the date of commencement of the matrimonial action pertaining to:

(a) any policy of life insurance having a cash or dividend surrender value; and

(b) any deferred compensation plan of any type or nature in which the party has an interest including, but not limited to, Individual Retirement Accounts, pensions, profit- sharing plans, Keogh plans, 401(k) plans and other retirement plans.

Both parties personally must be present in court at the time of the conference, and the judge personally shall address the parties at some time during the conference.

(2) The matters to be considered at the conference may include, among other things:

(i) applications for pendente lite relief, including interim counsel fees;

(ii) compliance with the requirement of compulsory financial disclosure, including the exchange and filing of a supplemental statement of net worth indicating material changes in any previously exchanged and filed statement of net worth;

(iii) simplification and limitation of the issues;

(iv) the establishment of a timetable for the completion of all disclosure proceedings, provided that all such procedures must be completed and the note of issue filed within six months from the commencement of the conference, unless otherwise shortened or extended by the court depending upon the circumstances of the case; and

(v) any other matters which the court shall deem appropriate.

(3) At the close of the conference, the court shall direct the parties to stipulate, in writing or on the record, as to all resolved issues, which the court then shall "so order," and as to all issues with respect to fault, custody and finance that remain unresolved. Any issues with respect to fault, custody and finance that are not specifically described in writing or on the record at that time may not be raised in the action unless good cause is shown. The court shall fix a schedule for discovery as to all unresolved issues and, in a noncomplex case, shall schedule a date for tri