(a) Divisions of the court shall be designated as follows:

(1) The Civil Court of the City of New York, County of Bronx.

(2) The Civil Court of the City of New York, County of Kings.

(3) The Civil Court of the City of New York, County of New York.

(4) The Civil Court of the City of New York, County of Queens.

(5) The Civil Court of the City of New York, County of Richmond.

(b) In each division there shall be held such terms as the Chief Administrator of the Courts shall designate. 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 schedules of terms established by the Chief Administrator, which shall also specify the dates of such terms.

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

(a) General. 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.

(b) Number and Types. In each division there shall be such number of calendar parts, trial parts, motion parts, conference parts, multipurpose parts, and other special parts of court, and any combination thereof, as may be established from time to time by the Chief Administrator of the Courts. There shall also be one or more small claims parts in each division for the hearing and disposition of all small claims proceedings, as the Chief Administrator may establish.

(1) Calendar Part. A calendar part is a part of court for the maintaining and calling of a calendar of cases, and for the hearing and disposition of all motions and applications, including orders to show cause and applications for adjournments, in civil actions that have been placed on a reserve or ready calendar but not yet assigned to a trial part.

(2) Trial Part. A trial part is a part of court for the trial of civil actions and for the hearing and determination of all motions and applications, including orders to show cause, made after an action is assigned to a trial part.

(3) Motion Part. A motion part is a part of court for the hearing and determination of motions and applications that are not otherwise required by this Part to be made in a calendar part, trial part or conference part.

(4) Conference Part. A conference part is a part of court for the precalendar or pretrial conference of actions as may be provided by this Part or by order of the Chief Administrator.

(5) Multipurpose Part. A multipurpose part is a part of court for the performance of the functions of a calendar part, a trial part, a motion part, a conference part, as well as other special parts of court, or any combination thereof.

(6) Additional Parts. Additional parts, including parts with special or limited functions, may be established from time to time by order of the Chief Administrator for such purposes as may be assigned by the Chief Administrator.

(7) Transfer of Actions. By order of the Chief Administrator, proceedings and matters may be transferred, as the Chief Administrator deems necessary, from one part of court to another in the same division, regardless of the denomination of the parts.

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

The party causing the first paper to be filed shall obtain an index number and communicate it 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. 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 a 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.

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

Section 208.4-a. Electronic Filing.

(a) Application. There is hereby established a pilot program in which certain civil actions in the New York City Civil Court (“Civil Court”) may be commenced by electronic filing. Documents may be filed by such means only to the extent and in the manner authorized by this section and only in an action brought by a provider of health services specified in section 5102 (a) (1) of the Insurance Law against an insurer for failure to comply with rules and regulations promulgated by the Superintendent of Insurance pursuant to section 5108 (b) of such law.

(b) Definitions. For the purposes of these rules:
(1) “Electronic means” 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 receive and to reproduce the information transmitted in a tangible medium of expression.
(2) “Electronic filing address” shall mean the server accessed via the internet protocol address, and any successor thereto, established by the Unified Court System for receipt by the Civil Court of electronic filings as provided in this section.
(3) “Hard copy” shall mean information set forth in paper form.
(4) “Electronic filing” shall mean the filing by electronic means through the electronic filing address.
(5) The “date of receipt” of a document by the electronic filing address shall mean the date on which electronic transmission of such document is recorded at such address.

(c) Electronic Filing in actions in the Civil Court.
(1) A party may commence an action specified in subdivision (a) of this section by the electronic filing of such documents as are required to be filed by the CPLR or the Civil Court Act in actions in the Civil Court.
(2) (i) Documents may be transmitted at any time to the electronic filing address.
(ii) Documents that are electronically filed to commence an action in compliance with this section will be deemed filed with the clerk of the Civil Court in the county in which the action is brought for the purposes of section 400 of the Civil Court Act upon the date of receipt of those documents by the electronic filing address, provided, however, no document will be deemed filed unless an index number for the action is endorsed thereon .
(iii) No later than two business days following the date of receipt of documents by the electronic filing address, the clerk of the Civil Court shall make available by electronic means a confirmation of electronic filing. This confirmation will constitute the clerk’s return of the copy to the party for the purposes of section 400(1) of the Civil Court Act.
(3) When a document has been filed electronically the official record of that document shall be its electronic recording.

(d) Service of Documents.
(1) A person seeking to obtain personal jurisdiction over a person named as a party to an action specified in subdivision (a) of this section may serve the opposing party by electronic means if the opposing party agrees to accept such service in accordance with the CPLR or the Civil Court Act.
(2) Where an action is commenced by electronic filing pursuant to this section, the original proof of service required by section 409 of the Civil Court Act must be electronically filed. Service is deemed complete for the purposes of section 410(b) of the Civil Court Act upon the date of receipt of the electronic proof of service by the electronic filing address.

(e) Signatures.
(1) Documents filed electronically shall be signed as required by Part 130 of the Rules of the Chief Administrator (“Part 130") and shall provide the signatory’s name, address and telephone number.
(2) A signature on a document filed electronically pursuant to this section, including for the purposes of Part 130, shall be made (i) by autograph of the signatory on a hard copy that is thereafter scanned into portable document format or (ii) by the signatory electronically affixing the digital image of his or her signature to the document.

Historical Note
Added on May 16, 2008 [previous version]

Section 208.05 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 at the 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, and the name of the attorney or party submitting them.

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

Section 208.06 Summons.

(a) The summons shall state the county division and location of the court in which the action is brought, as well as the names of the parties, and shall comply with all the provisions of the NYCCCA applicable to summonses.

(b) The following form is to be used in all cases:

YOU ARE HEREBY SUMMONED to appear in the Civil Court of the City of New York, County of..... at the office of the Clerk of the said Court at ..... in the County of ..... City and State of New York, within the time provided by law as noted below and to file your answer to the (endorsed summons) (annexed complaint) [FNa1] with the Clerk; upon your failure to answer, judgment will be taken against you for the sum of $..... with interest thereon from the ..... day of ..... 19..... , together with the costs of this action.

Dated, the______ day of ______ 19_______

NOTE: The law provides that:

(a) if this summons is served by its delivery to you personally within the City of New York, you must appear and answer within TWENTY days after such service; or

(b) if this summons is served by delivery to any person other than you personally, or is served outside the City of New York, or by publication, or by any means other than personal delivery to you within the City of New York, you are allowed THIRTY days after the proof of service thereof is filed with the Clerk of this Court within which to appear and answer.

[FNa1] If the cause of action is for money only and a formal complaint is not attached to the summons, strike the words "annexed complaint." If a formal complaint is attached to the summons, strike the words " endorsed summons."

(c) Where a defendant appears by an attorney, a copy of his answer shall be served upon the plaintiff's attorney, or upon the plaintiff if the plaintiff appears in person, at or before the time of filing the original answer with proof of service thereof.

(d) In any action arising from a consumer credit transaction, if the form of summons provided for in subdivision (b) of this section is used:

(1) The summons shall have prominently displayed at the top thereof the words CONSUMER CREDIT TRANSACTION and the following additional legend or caveat printed in not less than 12-point bold upper case type:

IMPORTANT!! YOU ARE BEING SUED!!

THIS IS A COURT PAPER--A SUMMONS! DON'T THROW IT AWAY!! TALK TO A LAWYER RIGHT AWAY!! PART OF YOUR PAY CAN BE TAKEN FROM YOU (GARNISHEED). IF YOU DO NOT BRING THIS TO COURT, OR SEE A LAWYER, YOUR PROPERTY CAN BE TAKEN AND YOUR CREDIT RATING CAN BE HURT!! YOU MAY HAVE TO PAY OTHER COSTS TOO!! IF YOU CAN'T PAY FOR YOUR OWN LAWYER, BRING THESE PAPERS TO THIS COURT RIGHT AWAY. THE CLERK (PERSONAL APPEARANCE) WILL HELP YOU!!

(2) Where a purchaser, borrower or debtor is a defendant, the summons shall have set forth beneath the designation of the basis of venue the county of residence of a defendant, if one resides within the State, and the county where the consumer credit transaction took place, if it is within the State.

(3) The summons also shall contain a translation in Spanish as follows:

TRANSACCION DE CREDITO DEL CONSUMIDOR

!IMPORTANTE! UD. HA SIDO DEMANDADO!

ESTE ES UN DOCUMENTO LEGAL--UNA CITACION

!NO LA BOTE! !CONSULTE CON SU ABOGADO ENSEGUIDA! LE PUEDEN QUITAR PARTE DE SU SALARIO (EMBARGARLO). !SI UD. NO SE PRESENTA EN LA CORTE CON ESTA CITACION LE PUEDEN CONFISCAR SUS BIENES (PROPIEDAD) Y PERJUDICAR SU CREDITO! !TAMBIEN ES POSIBLE QUE TENGA QUE PAGAR OTROS GASTOS LEGALES (COSTAS)! SI UD. NO TIENE DINERO PARA UN ABOGADO TRAIGA ESTOS PAPELES A LA CORTE IMMEDIATAMENTE. VENGA EN PERSONA Y EL SECRETARIO DE LA CORTE LE AYUDARA.

Al demandado arriba mencionado:

USTED ESTA CITADO a comparecer en la Corte Civil de la Ciudad de Nueva York, Condado de..... a la oficina del Jefe Principal de dicha Corte en ..... en el Condado de ..... Ciudad y Estado de Nueva York, dentro del tiempo provisto por la ley segun abajo indicado y a presentar su respuesta a la (citacion endorsada) (demanda) [FNa1] al Jefe de la Corte; si usted no comparece a contestar, se rendira sentencia contra usted en la suma de $..... con intereses en dicha cantidad desde el dia .....de 19..... , incluyendo las costas de esta causa.

Fechado, el dia..... de 19.....

[FNa1]Si la causa de accion es para dinero solamente y no esta una demanda formal junto a la citacion, tache las palabras "demanda anexada." Si una demanda formal esta junto a la citacion, tache las palabras " citacion endorsada."

NOTA: La Ley provee que:

(a) Si esta citacion es entregada a usted personalmente en la Ciudad de Nueva York, usted debe comparecer y responderia dentro de VIENTE dias despues de la entrega; o

(b) Si esta citacion es entregada a otra persona que no fuera usted personalmente, o si fuera entregada afuera de la Ciudad de Nueva York, o por medio de publicacion, o por otros medios que no fueran entrega personal a usted en la Ciudad de Nueva York, usted tiene TREINTA dias para comparacer y responder la demanda, despues de haberse presentado prueba de entrega de la citacion al Jefe de esta Corte.

(e) In a case in which a notice of motion for summary judgment in lieu of a complaint (pursuant to CPLR 3213 and NYCCCA 1004) is annexed to the summons, the following form of summons is to be used:

YOU ARE HEREBY SUMMONED and required to submit to plaintiff' s attorney your answering papers on this motion within the time provided in the notice of motion annexed hereto. In the case of your failure to submit answering papers, summary judgment will be taken against you by default for the relief demanded in the notice of motion.

Dated, the_______ day of_______, 19_______

(f) In any action arising from a consumer credit transaction, if the form of summons provided for in subdivision (e) of this section is used:

(1) The summons shall have prominently displayed at the top thereof the words CONSUMER CREDIT TRANSACTION and the following additional legend or caveat printed in not less than 12-point bold upper case type:

IMPORTANT!! YOU ARE BEING SUED!!

THIS IS A COURT PAPER--A SUMMONS

DON'T THROW IT AWAY!! TALK TO A LAWYER RIGHT AWAY!! PART OF YOUR PAY CAN BE TAKEN FROM YOU (GARNISHEED). IF YOU DO NOT BRING THIS TO COURT, OR SEE A LAWYER, YOUR PROPERTY CAN BE TAKEN AND YOUR CREDIT RATING CAN BE HURT!! YOU MAY HAVE TO PAY OTHER COSTS TOO!! IF YOU CAN'T PAY FOR YOUR OWN LAWYER, BRING THESE PAPERS TO THIS COURT RIGHT AWAY. THE CLERK (PERSONAL APPEARANCE) WILL HELP YOU!!

(2) Where a purchaser, borrower or debtor is a defendant, the summons shall have set forth beneath the designation of the basis of venue the county of residence of a defendant, if one resides within the State, and the county where the consumer credit transaction took place, if it is within the State.

(3) The summons also shall contain a translation in Spanish as follows:

TRANSACCION DE CREDITO DEL CONSUMIDOR

!IMPORTANTE! !UD. HA SIDO DEMANDADO!

ESTE ES UN DOCUMENTO LEGAL--UNA CITACION

!NO LA BOTE! !CONSULTE CON SU ABOGADO ENSEGUIDA! LE PUEDEN QUITAR PARTE DE SU SALARIO (EMBARGARLO). !SI UD. NO SE PRESENTA EN LA CORTE CON ESTA CITACION LE PUEDEN CONFISCAR SUS BIENES (PROPIEDAD) Y PERJUDICAR SU CREDITO! !TAMBIEN ES POSIBLE QUE TENGA QUE PAGAR OTROS GASTOS LEGALES (COSTAS)! SI UD. NO TIENE DINERO PARA UN ABOGADO TRAIGA ESTOS PAPELES A LA CORTE IMMEDIATAMENTE. VENGA EN PERSONA Y EL SECRETARIO DE LA CORTE LE AYUDARA.

Corte Civil de La Ciudad de Nueva York No. de Epigrafe....

Condado de..... CITACION

USTED ESTA CITADO y obligado a entregar al abogado del Demandante su contestacion a esta peticion dentro del tiempo indicado en el aviso adjunto. En el caso que usted no entregue su contestacion, se dictara sentecia sumaria contra usted por incumplimiento por la suma demandada en la peticion de demanda.

Fechado, el dia_______ de 19_______

(g) In any action arising from a consumer credit transaction, a default judgment shall not be entered against the defendant unless the plaintiff first shall have submitted to a judge or to the clerk of the court proof, by affidavit or otherwise, that the summons served upon the defendant had displayed and set forth on its face the words and added legend or caveat required by subdivisions (d) and (f) of this section.

(h) Additional mailing of notice on an action arising from a
consumer credit transaction
(1) At the time of filing with the clerk of the proof of service of the summons and complaint in an action arising from a consumer credit transaction, or at any time thereafter, the plaintiff shall submit to the clerk a stamped envelope addressed to the defendant together with a written notice, in both English and Spanish, containing the following language:

CIVIL COURT. CITY OF NEW YORK
TRIBUNAL CIVIL DE LA CIUDAD DE NUEVA YORK
COUNTY OF ________________________ INDEX (LIBRO) NO. ___________
Plaintiff/Demandante________________________ Defendant/Demandado______________

ATTENTION: A SUMMONS AND COMPLAINT HAS BEEN FILED ON A CONSUMER CREDIT TRANSACTION ASKING THE COURT TO RENDER A JUDGMENT AGAINST YOU. YOU MAY WISH TO CONTACT AN ATTORNEY. YOU MUST ANSWER AT THE LOCATION AND WITHIN THE TIME SPECIFIED ON THE SUMMONS. IF YOU DO NOT APPEAR IN COURT THE COURT MAY GRANT A JUDGMENT AGAINST YOU. IF A JUDGMENT IS GRANTED AGAINST YOU YOUR PROPERTY CAN BE TAKEN. PART OF YOUR PAY CAN BE TAKEN FROM YOU (GARNISHEED), AND YOUR CREDIT RATING CAN BE AFFECTED. IF YOU HAVE NOT RECEIVED THE SUMMONS AND COMPLAINT GO TO THE CIVIL COURT CLERK'S OFFICE SPECIFIED ON THE RETURN ADDRESS AND BRING THIS NOTICE WITH YOU.

ATENCIÓ N: BASADO EN UNA TRANSACCIÓ N DE CRÉDITO AL CONSUMIDOR, SE HA SOMETIDO UNA QUERELLA Y UNA CITACIÓN JUDICIAL ANTE EL TRIBUNAL CIVIL, SOLICITÁNDO QUE SE EMITA UN FALLO JUDICIAL EN CONTRA SUYA, POR LO QUE USTED QUERRÁ COMUNICARSE CON UN ABOGADO. USTED TIENE QUE SOMETER UNA RESPUESTA ANTE EL TRIBUNAL, EN EL LUGAR Y EL MOMENTO INDICADO EN LA CITACIÓ N. SI NO COMPARECE ANTE EL TRIBUNAL, SE PUEDE EMITIR UN FALLO JUDICIAL EN SU CONTRA. DE SER ASI, SUS PERTENENCIAS PUEDEN SER EMBARGADAS, PARTE DE SU SALARIO PUEDE SER EMBARGADO Y LA CLASIFICACIÓ N DE SU CRÉDITO PUEDE SER AFECTADA NEGATIVAMENTE. SI NO HA RECIBIDO LA CITACIÓ N Y LA QUERELLA, DIRIJASE AL DESPACHO DEL SECRETARIO JUDICIAL INDICADO EN LA DIRECCIÓN DEL REMITENTE Y TRAIGA ESTA NOTIFICACIÓN CON USTED.

The face of the envelope shall be addressed to the defendant at the address at which process was served in the summons and complaint, and shall contain the defendant's name, address (including apartment number) and zip code. The face of the envelope also shall contain, in the form of a return address, the appropriate address of the clerk's office to which the defendant should be directed. These addresses are:

Bronx: Civil Court of the City of New York
851 Grand Concourse
Basement
Bronx, NY 10451

Kings: Civil Court of the City of New York
141 Livingston Street
Room 302
Brooklyn, New York 11201

New York: Civil Court of the City of New York
111 Centre Street, Room 118
New York, New York 10013

Queens: Civil Court of the City of New York
89-17 Sutphin Boulevard, Room 147
Jamaica, New York 11435

Richmond: Civil Court of the City of New York
927 Castleton Avenue, Basement
Staten Island, New York 10310

(2) The clerk promptly shall mail to the defendant the envelope containing the additional notice set forth in paragraph (1). No default judgment based on defendant's failure to answer shall be entered unless there has been compliance with this subdivision and at least 20 days have elapsed from the date of mailing by the clerk.

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

Added Part 208.6(h) on Jan. 29, 2008 [previous version]

Section 208.07 Pleadings.

(a) Except as required by statute, a formal pleading may be dispensed with in any case in which the party required to serve the pleading appears in person, and an order to that effect may be entered ex parte by the judge presiding at the appropriate motion part, upon application to the clerk, who shall refer the same to such judge. Any other party may move at the appropriate motion part to modify or vacate such ex parte order.

(b) All formal pleadings in this court and verifications thereof shall be in conformity with CPLR article 30.

(c) An order directing the service and filing of a formal pleading, or pleadings, shall specify the time within which the same shall be served and filed.

(d) A defendant's time to move or answer may be extended by ex parte order no more than once, and for no longer than 10 days beyond the expiration of the original time to answer, and only if there has been no previous extension by consent. All further applications for extensions shall be made by motion upon notice returnable in the part designated to hear motions on notice.

(e) In any action to recover damages for personal injuries arising out of use or operation of a motor vehicle, plaintiff shall set forth in the complaint, whether in short or long form, the jurisdictional facts that permit plaintiff to maintain the action and avoid the bar of the Comprehensive Automobile Insurance Reparations Act.

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

Section 208.08 Venue.

(a) Motions for a change of venue. Motions for a change of venue shall be heard in the county division of the court in which the action was instituted. An order of transfer shall direct the disposition of the papers then on file.

(b) Venue of Transitory Action Laid in Wrong County Division. The clerk shall not accept a summons for filing when it appears upon its face that the proper venue is a county division other than the one where it is offered for filing. The clerk shall stamp upon the summons the date of such rejection and shall enter the date of such rejection in a register maintained by him, together with the county division in which the summons should be filed. Where the wrong county division is stated in the summons, the time of the defendant to appear or answer shall be the later of:

(1) the original time to answer; or

(2) the date 10 days after the summons is filed in the proper county division, with proof of service upon the defendant by registered or certified mail of notice stating:

(i) the proper county division;

(ii) the date of filing of the summons;

(iii) the date within which the answer or notice of appearance is to be filed; and

(iv) the address at which it is to be filed.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.
Amended 208.8 on Nov. 7, 2005.

Section 208.09 Preliminary conference.

(a) The Chief Administrator of the Courts may designate a specific class or specific classes of cases in one or more counties to be subject to this section.

(b) The plaintiff in a class of cases designated by the Chief Administrator pursuant to subdivision (a) shall request a preliminary conference within 45 days after joinder of issue. The request shall state the title of the action; index number; date of joinder of issue; name, address, and telephone number of all attorneys appearing in the action; and the nature of the action. The request shall be served on all other parties and filed with the clerk together with stamped postcards addressed to all parties. The court shall order a preliminary conference in the action upon compliance with the requirements of this subdivision.

(c) The clerk shall notify all parties of the scheduled conference date, which shall be not more than 45 days from the date the request for a preliminary conference is filed unless the court orders otherwise. A form of stipulation and order, prescribed by the Administrative Judge, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure. 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 canceled. 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.

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

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

(2) establishment of a timetable for the completion of all disclosure proceedings;

(3) addition of other necessary parties;

(4) settlement of the action;

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

(e) At the conclusion of the conference the court shall make a written order including its directions to the parties as well as any stipulations of counsel.

(f) When a notice of trial and certificate of readiness is filed pursuant to section 208.17 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 notice of trial 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 with the so-ordered stipulation provided for in subdivision (c) of this section.

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

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

(i) Motions in actions to which this section is applicable made before the preliminary conference is held may be denied or marked off the calendar unless good cause is shown why such relief is warranted before that time.

(j) 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.

(k) The court, in its discretion, may order such further conferences as it may deem helpful or necessary at any time in a matter before the court to which this section is applicable.

(l) At the discretion of the Administrative Judge, a judicial hearing officer may preside at a preliminary conference scheduled pursuant to this section.

Added 208.9 on Nov. 7, 2005.

Section 208.10 Calendaring of motions; uniform notice of motion form.

(a) There shall be compliance with the procedures prescribed in the NYCCCA and the CPLR for the bringing of motions. In addition, no motion shall be placed on the calendar for hearing in the appropriate part unless a notice of motion is served and filed with the motion papers. The notice of motion shall read substantially as follows:

Upon the affidavit of_____, sworn to on _____19_____, and upon (list supporting papers if any), the_____will move this court at_____(specify the Part), at the _____Courthouse,_____, _____, New York, on the_____day of_____, 19_____, at 9:30 a.m. for an order (briefly indicate relief requested).¹

The above-entitled action is for (briefly state nature of action, e.g., personal injury, contract, property damage, etc.). This action (is)(is not) on a trial calendar. If on a trial calendar, the calendar number is_____

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 the motion.

[ ]
(check if applicable)

Dated:

(b) The notice of motion set forth in subdivision (a) of this section shall not be required for the return of an order to show cause or an application for ex parte relief.

¹If motion is to reargue, vacate or extend, modify or otherwise affect a prior order, state the name of the judge who decided the prior order.

²If any person is appearing pro se, the name, address and telephone number of such party shall be stated.

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

Section 208.11 Motion parts; motion calendars; motion procedure.

(a) Motion Parts and Calendars. There shall be such motion parts and motion calendars as the Chief Administrator of the Courts shall designate.

(b) Motion Procedure.

(1) All contested motions and proceedings shall be returnable at 9:30 a.m. unless an earlier time is directed by the court. The moving party shall serve copies of all affidavits and briefs upon the adverse 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. Unless otherwise directed by the court, answering and reply affidavits and all other papers required to be furnished to the court by CPLR 2214(c) must be filed no later than the time of argument or submission of the motion.

(2) A judge presiding in any part of court where motions are returnable may determine that any or all motions in that part be orally argued and may direct that moving and responding papers be filed with the court prior to the time of argument.

(3) Unless oral argument has been requested by a party and permitted by the court, or directed by the court, motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the return date. Attendance by counsel or pro se party at the calendar call shall not be required unless:

(i) a party intends to make an application to the court that is not on the consent of all parties;

(ii) attendance of counsel or oral argument is directed by the court; or

(iii) oral argument is requested by a party.Attendance by counsel for a party not requesting oral argument is not required where the hearing of oral argument is based solely upon the request of another party. A party requesting oral argument shall set forth such request in its notice of motion or on the first page of the answering papers, as the case may be. A party requesting oral argument on a motion brought on by an order to show cause shall do so as soon as practicable before the time the motion is to be heard.

(4) Where there is an issue of fact to be tried the court may, in its discretion, order an immediate trial of such issue, in which event the action shall be referred to the administrative judge or a designee for assignment.

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

Section 208.12 Videotape recording of depositions.

Depositions authorized under the provisions of the CPLR or other law may be taken, as permitted by subdivision (b) of section 3113 of the CPLR, by means of simultaneous audio and visual electronic recording, provided such recording is made in conformity with section 202.15 of the Rules of the Chief Administrator (22 NYCRR 202.15).

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

Section 208.13 Exchange of medical reports in personal injury and wrongful death actions.

Except where the court otherwise directs, in all actions in which recovery is sought for personal injuries, disability or death, physical examinations and the exchange of medical information shall be governed by the provisions hereinafter set forth:

(a) At any time after joinder of issue and service of a bill of particulars, the party to be examined or any other party may serve on all other parties a notice fixing the time and place of examination. Unless otherwise stipulated the examination shall be held not less than 30 nor more than 60 days after service of the notice. If served by any party other than the party to be examined, the notice shall name the examining medical provider or providers. If the notice is served by the party to be examined, the examining parties shall, within 10 days of receipt thereof, submit to the party to be examined the name of the medical providers who will conduct the examination. Any party may move to modify or vacate the notice fixing the time and place of examination or the notice naming the examining medical providers, within 10 days of the receipt thereof, on the grounds that the time or place fixed or the medical provider named is objectionable, or that the nature of the action is such that the interests of justice will not be served by an examination, exchange of medical reports or delivery of authorizations.

(b) At least 20 days before the date of such examination, or on such other date as the court may direct, the party to be examined shall serve upon and deliver to all other parties the following, which may be used by the examining medical provider:

(1) copies of the medical reports of those medical providers who have previously treated or examined the party seeking recovery. These shall include a recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those X-ray and technicians' reports which will be offered at the trial, including a description of the injuries sustained, a diagnosis, and prognosis. Medical reports may consist of completed medical provider, workers' compensation, or insurance forms that provide the information required by this paragraph; and

(2) duly executed and acknowledged written authorizations permitting all parties to obtain and make copies of all hospital records and such other records, including X-ray and technicians' reports, as may be referred to and identified in the reports of those medical providers who have treated or examined the party seeking recovery.

(c) Copies of the reports of the medical providers making examinations pursuant to this section shall be served on all other parties within 45 days after completion of the examination. These shall comply with the requirements of paragraph (b)(1) of this section.

(d) In actions where the cause of death is in issue, each party shall serve upon all other parties copies of the reports of all treating or examining medical providers whose testimony will be offered at the trial, complying with the requirements of paragraph (b)(1) of this section, and the party seeking to recover shall deliver to all other parties authorizations to examine and obtain copies of all hospital records, autopsy or post-mortem reports, and such other records as provided in paragraph (b)(2) of this section. Copies of these reports and the required authorizations shall be served and delivered with the bill of particulars by the party seeking to recover. All other parties shall serve copies of the reports of their medical providers within 45 days thereafter. In any case where the interests of justice will not be promoted by service of such reports and delivery of such authorizations, an order dispensing with either or both may be obtained.

(e) Parties relying solely on hospital records may so certify in lieu of serving medical providers' reports.

(f) No case otherwise eligible to be noticed for trial may be noticed unless there has been compliance with this rule or an order dispensing with compliance or extending the time therefor has been obtained; or, where the party to be examined was served a notice as provided in subdivision (a) of this section, and the party so served has not responded thereto.

(g) In the event that the party examined intends at the trial to offer evidence of further or additional injuries or conditions, nonexistent or not known to exist at the time of service of the original medical reports, such party shall, within 30 days after the discovery thereof, and not later than 30 days before trial, serve upon all parties a supplemental medical report complying with the requirements of paragraph (b)(1) of this section, and shall specify a time, not more than 10 days thereafter and a place at which a further examination may be had. Further authorizations to examine and make copies of additional hospital records, other records, X-ray or other technicians' reports as provided in paragraph (b)(2) of this section must also be delivered with the medical reports. Copies of the reports of the examining medical providers, complying with the requirements of subdivision (c) of this section, shall be served within 10 days after completion of such further examination. If any party desires at the trial to offer the testimony of additional treating or examining medical providers, other than whose medical reports have been previously exchanged, the medical reports of such medical providers, complying with the requirements of paragraph (b)(1) of this section shall be served upon all parties at least 30 days before trial.

(h) Unless an order to the contrary is made, or unless the judge presiding at the trial in the interests of justice and upon a showing of good cause shall hold otherwise, the party seeking to recover damages shall be precluded at the trial from offering in evidence any part of the hospital records and all other records, including autopsy or post-mortem records, X-ray reports or reports of other technicians, not made available pursuant to this rule, and no party shall be permitted to offer any evidence of injuries or conditions not set forth or put in issue in the respective medical reports previously exchanged, nor will the court hear the testimony of any treating or examining medical providers whose medical reports have not been served as provided by this rule.

(i) Orders transferring cases pending in other courts which are subject to the provisions of this section, whether or not such cases are consolidated with cases pending in the court to which transferred, shall contain such provisions as are required to bring the transferred cases into compliance with this rule.

(j) Any party may move to compel compliance or to be relieved from compliance with this rule or any provision thereof, but motions directed to the sufficiency of medical reports must be made within 20 days of receipt of such reports. All motions under this rule may be made on affidavits of attorneys, shall be made on notice, returnable at the appropriate motion part and shall be granted or denied on such terms as to costs, calendar position and dates of compliance with any provision of this rule as the court in its discretion shall direct.

(k) Where an examination is conducted on consent prior to the institution of an action, the party to be examined shall deliver the documents specified in paragraphs (b)(1) and (2) of this section, and the report of the examining medical provider shall be delivered as provided in subdivision (c) of this section. In that event examination after institution of the action may be waived. The waiver, which shall recite that medical reports have been exchanged and that all parties waive further physical examination, shall be filed with the note of issue. This shall not be a bar, however, to proceeding under subdivision (g) of this section in a proper case.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed May 4, 1998 eff. April 17, 1998. Amended (a)-(e), (g)-(h), (k).

Section 208.14 Calendar default; restoration; dismissal.

(a) Applicability. This section governs calendar defaults, restorations and dismissals, other than striking a case from the calendar pursuant to a motion under section 208.17 of this Part relating to the notice of trial and certificate of readiness.

(b) At any scheduled call of a calendar or at a pretrial conference, if all parties do not appear and proceed or announce their readiness to proceed immediately or subject to the engagement of counsel, the judge presiding may note the default on the record and enter an order as follows:

(1) If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest.

(2) If the defendant appears but the plaintiff does not, the judge may dismiss the action and may order a severance of counterclaims or cross- claims.

(3) If no party appears, the judge may strike the action from the calendar or make such other order as appears just.

(c) Actions stricken from the calendar may be restored to the calendar only upon stipulation of all parties so ordered by the court or by motion on notice to all other parties, made within one year after the action is stricken. A motion must be supported by affidavit by a person having firsthand knowledge, satisfactorily explaining the reasons for the action having been stricken and showing that it is presently ready for trial.

(d) If an order of restoration is granted, it shall provide that a new notice of trial be filed forthwith and that the case be placed on the general trial calendar in its regular place as of the date of filing the new notice of trial, unless the court in its discretion orders otherwise. A copy of the order shall be served on the calendar clerk and the case shall receive a new calendar number followed by the letter "R" to designate the case as having been restored. Absent exceptional circumstances, if a restored case is not ready when reached, it shall forthwith be dismissed or an inquest or judgment ordered as provided in subdivision (b) of this section.

(e) Applications to restore an action to the ready calendar in the event of a reversal or a direction of a new trial by an appellate court, shall be made returnable in the appropriate motion part, except that if all parties do not appear by attorney, the clerk shall, without formal application, restore the action to the ready calendar.

(f) When an action has been tried and the jury has disagreed, or a verdict set aside, or there has been a mistrial for any reason, or if no decision has been made or judgment rendered within the time specified in the CPLR, or if the court has ordered a new trial under CPLR 4402, such action must be restored to the appropriate ready calendar for a day certain to be fixed by the court.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Nov. 12, 1998 eff. Nov. 5, 1998. Amended (d).

Section 208.15 Transfer of actions.

Actions transferred from the Supreme Court to the Civil Court of the City of New York shall be placed in such order and relative position on the appropriate calendars that they will be reached for trial insofar as practicable as if a notice of trial had been filed in the Civil Court of the City of New York for the same date as that for which the note of issue was filed in the Supreme Court.

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

Section 208.16 Discontinuance of actions.

In any discontinued action, the attorney for the plaintiff shall file a stipulation or statement of discontinuance with the clerk of the court within 20 days of such discontinuance. If the action has been noticed for judicial activity within 20 days of such discontinuance, the stipulation or statement shall be filed before the date scheduled for such activity.

Historical Note
Sec. filed Jan. 9, 1986; repealed, new filed April 27, 1993 eff. April 14, 1993.

Section 208.17 Notice of trial where all parties appear by attorney.

(a) The notice of trial filed by any party pursuant to NYCCCA 1301 shall be accompanied by a certificate of readiness, with proof of service on all parties, in the form prescribed by this section. The notice of trial shall include the index number, name, office address and telephone number of each attorney and pro se party who has appeared, and the name of any insurance carrier acting on behalf of any party.

(b) The clerk shall not place any matter on a trial calendar unless there has been compliance with this rule by the party seeking to place the matter on the calendar.

(c) Within 20 days after service of such notice of trial, any party may move to strike the action from the calendar or to keep it from being placed thereon. The affidavit in support of the application must specify the reason the action is not entitled to be on the calendar.

(d) After any action has been placed on the trial calendar pursuant to this rule, no pretrial examination or other preliminary proceedings may be had, except that if some unusual or unanticipated conditions subsequently develop which make it necessary that further pretrial examination or further preliminary proceedings be had, and if without them the moving party would be unduly prejudiced, the court may make an order granting permission to conduct such examination or proceedings and prescribing the time therefor. Such an order may be made only upon motion on notice showing in detail, by affidavit, the facts claimed to entitle the moving party to relief under this subdivision.

(e) Where a party filing a notice of trial, in a medical malpractice action or an action against a municipality, seeking a sum of money only, is prohibited by the provisions of CPLR 3017(c) from stating in the pleadings the amount of damages sought in the action, the party shall indicate in the notice of trial whether the amount of damages exceeds $6,000, exclusive of costs and interest. If it does not, the party shall also indicate if it exceeds $2,000, exclusive of costs and interest.

(f) The certificate of readiness shall read substantially as follows:

CERTIFICATE OF READINESS FOR TRIAL
(Items 1-5 must be checked)
Complete Waived Not
Required
1. All pleadings served.
2. Bill of particulars served.
3. Physical examinations completed.
4. Medical reports exchanged.
5. Discover proceedings now known to be
necessary completed.
6. There are no outstanding requests for
discovery.
7. There has been a reasonable opportunity to
complete the foregoing proceedings.
8. The case is ready for trial.
Dated: ____________
(Signature) ________________________
Attorney(s) for: ________________________
Office and P.O. address: _____________________

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

Section 208.18 Calendars of triable actions.

There shall be such calendars as may be established, from time to time, in the discretion of the Chief Administrator of the Courts. These calendars may include:

(a)(1) General Calendar. A general calendar is for actions in which issue has been joined.

(2) Preliminary conference calendar. A preliminary conference calendar is for the calendaring for conference of cases after issue has been joined for specific classes of cases designated by the Chief Administrator of the Courts.

(b) Pretrial Conference Calendar. A pretrial conference calendar is for actions awaiting conference in a pretrial conference part. Actions shall be taken in order from the top of the general calendar or preliminary conference calendar and placed at the end of the pretrial conference calendar.

(c) Reserve Calendars. A reserve calendar is for actions in which a notice of trial, conforming to section 1301 of the NYCCCA, and a certificate of readiness have been filed. Upon the filing of such notice in any action with the clerk, at least 10 days before the day fixed for trial, the action shall be placed at the end of either the reserve jury trial calendar or the reserve nonjury trial calendar, as the case may be. Where an action is placed on a reserve nonjury trial calendar but subsequently a demand for a trial by jury is timely served and filed, the action shall immediately be transferred to the end of the reserve jury trial calendar. Once placed on a calendar, the action shall remain thereon until disposed of, stricken, transferred or otherwise removed. The calendars shall be deemed continuous and no change in the order of original placement shall be made except as provided in this Part, by court order or as may be required by provisions of law.

(d) Ready Calendars. A ready calendar is for actions that have been transferred from a reserve calendar because a trial is imminent, for noticed inquests and assessments of damages and for actions in which any party appears in person. There shall be as many ready calendars with such classifications of actions as the Chief Administrator shall direct.

(e) Continuous Calendars. In any court not continuously in session, the calendars at the close of one term or session of court shall be used to open the following term or session, and actions on the calendars shall retain their positions.

(f) Military Calendar. A military calendar shall be utilized to hold in suspense an action that cannot reasonably be tried because a party or witness is in military service. When it shall appear to the satisfaction of the judge presiding that a party to an action or a witness necessary upon the trial is in military service, and is not presently available for trial, and that a deposition cannot be taken, or, if taken, would not provide adequate evidence, the case shall be designated "military" and transferred to a military calendar. Any case on the military calendar may be removed therefrom by further order of the court or by filing with the calendar clerk, at least five days before such date, a stipulation of the parties who have appeared or a notice to restore, together with proof of service of such notice on all other parties; except that if any party appearing in person seeks such restoration, he may apply to the clerk, who shall refer his application to the judge in the appropriate calendar part for disposition upon such notice to all parties or their attorneys as the judge shall direct.

(g) Calendar Progression. With due regard to the requirements of statutory preferences and of section 208.20 of this Part, when actions are advanced from one calendar to another they shall progress from the head of one calendar to the foot of the next calendar and otherwise progress in order insofar as practicable unless otherwise determined by the court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.
Amended 208.8 on Nov. 7, 2005.

Section 208.19 Notice of calendars.

A notice shall be published in a law journal designated by the Chief Administrator of the Courts of any and all calls of the reserve calendars at least five court days before such call. The notice shall specify the calendar numbers of the actions to be called. In the event that the call of any reserve calendar is suspended by the Chief Administrator and actions are added to the ready calendar without first being called on the reserve calendar, a notice of actions added to the ready calendar, with their calendar number, shall be published in such law journal at least five court days before the call of the reserve calendar.

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

Section 208.20 Special preferences.

(a) Any party claiming a preference under CPLR 3403 may apply to the court by making a motion in a motion part, in accordance with CPLR 3403(b), the note of issue therein referred to being deemed a preference to a notice of trial.

(b) Counterclaims and Cross-Claims. A counterclaim or cross-claim which is not entitled to a preference shall not itself defeat the plaintiff's right to a preference under this section.

(c) Result of P