Filing of documents prior to “appeal”: For the convenience of legal counsel, room 130 accepts written terms and conditions daily between 9:00 a.m. and 9:30 a.m. prior to the “call” (1); (2) affidavits/assurances detailing the necessary details of a deferral of consent; (3) the provisions, letters or other documents withdrawing an application; and (4) theses or complete sets of application documents. For applications where these items are submitted before the “call”, it is no longer necessary to leave no one to answer the “call”. Defence counsel and the parties must inform the court between 9 a.m. and 9.30 a.m. or on appeal of any application or case settled by the defence counsel itself, as well as any application that the applicant no longer wishes to pursue. If such a solution is made after the “summons”, the designated judge must be informed as soon as possible by written notice to the party, so that the court does not do unnecessary work. The courtroom also maintains an “All Papers By” schedule, which is used when a party requests an adjournment, but does not comply with courtroom procedures or procedures that require the Registrar to adjourn the application or motion (e.g., failure to provide notice of confirmation or working copies required in a matter filed electronically). The case may be postponed for three days to allow for compliance with these procedures, as described below.
If documents have been submitted to the Office of the Secretary-General in the manner described above to calculate an application or petition, staff will check the documents on the form (for example: To ensure that proof of service has been filed in a paper case, that the application or motion can be returned on a business day at 9:30 a.m. in the application hearing room (Room 130). If deficiencies are found in the documents, staff will note them to legal counsel. Examination papers will not be “rejected” (CPLR 2102(c)) unless they are permitted in electronically filed cases and authorized under Uniform Rule 202.5(d). Irregularities found by the registrar but not remedied by the lawyer may be brought to the attention of the competent judge. In cases filed electronically, required working copies that do not carry a confirmation notice and eligible paper copies that do not carry a paper filing notice – electronically filed will be rejected by the Registrar as set out in the rules. The fee shall be payable in the case of written counterclaims filed against applications subject to a fee and applications or applications for which no application fee is charged. Adjournments by email: Parties to a paper-based proceeding requesting a deferral of consent in accordance with the procedures described herein may do so by email. Legal counsel wishing to avail themselves of this procedure must submit the disposition or affidavit/statement in PDF format as an attachment to an electronic message sent to the following email address: NYMOTCAL@courts.state.ny.us. Such a message can be sent until 17:00 the day before the return date of the request to which it relates.
In addition to the legend and index number, each submission must indicate the date on which the application can then be returned. The party submitting the document must retain the original document for 60 days in case problems with the submitted PDF copy are subsequently raised. Once a request has been made, counsel for all parties are strongly advised to agree on an information session schedule and file a deferral agreement that reflects that schedule using the service or a caseworker. If an information schedule has not been agreed, the requester may avoid having to simply attend to see if someone is handing over opposing documents by requesting documents pursuant to Section 2214(b) of the CPLR. In order to prevent applicants from filing late opposition documents or cross-applications, the Secretariat General examines requests to which these documents do not respond (reply or reply). Objection) to ensure that a reasonable period of time has been allowed for the response, and it will propose an adjournment of one week in cases where such a period has not been granted. In cases filed electronically, all decisions on applications and related orders are sent to the NYSCEF system (and entered if the County Clerk stamps NYSCEF), and notification of the decision and order (which is not a notice of registration by a party) is immediately emailed to all parties to the electronic filing. The publication of the adoption of the decision/order is also recorded in the court`s case management system. All decisions on paper motions and orders are notified to the General Secretariat, which records in the court`s computer whether a decision has been rendered, the date and whether the case has been settled, and takes notes similar to those of lengthy orders. The notification by e-mail of the issuance of the decision or order is carried out by e-Track.
Decisions (with the exception of judgments in matrimonial matters and Article 81 cases and sealed cases) are published within a few working hours of the data being recorded on the court`s computer in the online library of the Supreme Court Archives (“Scroll”) on this website. With the exception of decisions requiring the enforcement of an order or judgment, decisions generally bear the receiving seal of the county clerk, which allows the lawyer to serve a notice of registration without having to go to the courthouse to retrieve a copy of the decision with an entry stamp. The lawyer should not go to the Chambers for information on decisions and orders. The person serving the application documents must complete an affidavit. The affidavit tells the court on whom the documents were served and how and when they were served. The affidavit must be made before a notary. You can download the corresponding civil court form free of charge from the Affidavit of Service. Motions submitted by notice of motion, as well as petitions and petitions submitted to the special procedures, are processed by the Office of the General Secretariat (room 119) and must be returned to the hearing room of the presentation part of the motions (room 130) at 9.30 a.m. each working day of the week.
There are some differences in cases filed electronically, which are listed below and explained in the Protocol on Procedures for Court Clerks and District Clerks for Cases Filed Electronically on this website (under electronic filing). Electronic filing through the New York State courts` electronic filing system (“NYSCEF”) is mandatory in all cases (except habeas corpus section 70, section 78 and suffrage procedures, matrimonial law, and mental health hygiene). Electronic filing is consensual in uncontested matrimonial matters and in the proceedings referred to in Article 78. At the request of some judges, motions filed in Room 130 are automatically set for a fixed hearing date in the game. Other judges decide on a case-by-case basis, after testifying in Room 130, whether to accept a particular substantive motion, request a hearing or hold a conference. Defence counsel wishing to attend a hearing must make a clear request on the front of their documents. See Uniform Rule 202.8(d). If the reasoning is automatically directed by the judiciary, the reasoning and the date of the hearing will be announced in room 130. Each appearing party is expected to notify all parties, and notice to that effect will be given in Room 130. If the application is filed in Room 130 and the judge, after reviewing the record, determines that the argument should be presented, the court will not send notice of the argument and the date of the hearing.
To receive notification of the trial date and other developments, the attorney must use e-Track (see above). If the reasoning is not communicated or conveyed as we have just described, the lawyer must understand that the request for filing was made to rule on the documents.