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New York StateUnified Court System

Uniform Civil Procedural Rules

Conferences

The Court shall schedule a preliminary conference upon compliance with the requirement of .22 NYCRR Par 202.12(a).

Counsel seeking an adjournment of a scheduled conference date must first obtain a list of available adjourned dates from all other parties and then provide that list to the Court at the time the request for adjournment is made. If an adjournment is permitted, the requesting party shall notify all parties of the adjourned date scheduled by the Court.

Attorneys appearing at the conference must be fully conversant with all facets of the case and fully authorized to act on behalf of the client.

The plaintiff must, and defendant may, supply to the court a brief typewritten statement of facts giving rise to the action, the contested issues, special and general damages, foreseeable legal and evidentiary problems and any other relevant matter. Copies of any statement supplied to the court also must be provided to opposing counsel.


Motions and Special Proceedings

When filed with the initial Request for Judicial Intervention, the case will be randomly assigned to an IAS Justice and the motion will be scheduled for the next available motion term scheduled for the assigned Judge. After initial assignment, motions will be made returnable at the next available motion term scheduled for the assigned Judge.

Section 202.8 of the Rules of Court provide that all motions are to be submitted unless otherwise ordered by the Court. The IAS Justices of this district have exercised their discretion to require oral argument on all motions except those which are uncontested and those which, although contested, are returnable on a date designated as a submitted motion term by the assigned Justice. Parties seeking to submit contested motions must obtain the consent of the assigned Justice.

Summary judgment motions must be filed no later than sixty (60) days after the date when the Trial Note of Issue is filed. Permission to file such motions thereafter must be obtained from the IAS Justice for good cause shown [CPLR 3212(a)].

With the exception of Broome County, motion papers, including affidavits of service and memoranda of law, must be filed with the Court Clerk at least eight (8) days before the return date. Answering papers, including affidavits of service and memoranda of law, must be filed with the Court Clerk or Chambers of the assigned Judge at least two (2) days before the return date.

In Broome County, all motion papers, including affidavits of service and memoranda of law, must be filed with the Office of the County Clerk at least eight (8) days before the return date. Answering papers, including affidavits of service and memoranda of law, must be filed with the Office of the County Clerk at least two (2) days before the return date.


Ex Parte Applications

After index and RJI numbers have been obtained, Ex Parte matters may be presented to the assigned Judge in Chambers. Where granted, the papers shall thereafter be filed with the
Court Clerk.


Trials

Trials will be scheduled by the Judge at or after the pretrial conference. Marked pleadings and trial memoranda, if any, shall be filed with the Court two (2) business days prior to
the scheduled trial date.


Uncontested Matrimonials

Uncontested matrimonials shall be filed with the Court Clerk who, in turn, shall deliver them to Chambers as they are received. Rev. Dec. 2006.