Ny trial

Their work, as well as the work on the settlements, were supported by Senior Advisor and Special Counsel M. Visit the Press Release Archive. The Office of Attorney General's website is provided in English. However, the "Google Translate" option may assist you in reading it in other languages.

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The Office of Attorney General does not make any promises, assurances, or guarantees as to the accuracy of the translations provided. A copy of this disclaimer can also be found on our Disclaimer page. Skip to main content. Parties to a lawsuit have a right to object to the introduction of evidence or the way a question is being asked or answered.

The proper way to object is to say "objection. If the Judge agrees with the objection, the Judge will say "sustained" and the evidence will not be admitted. If the Judge disagrees with the objection, the Judge will say "overruled" and the evidence will be admitted. Trial Decision. When the trial is completed, you may have to wait for the Judge to write a decision. You may contact the court to see if a trial decision has been issued.

To find out where to visit or call in your county, click on locations. If there is a decision in your case, and you are the winning party, you will want to come to court to have the clerk prepare and enter a judgment.

Click on Entering Judgments to learn more about this. If you are the losing party, you may want to appeal. You may click on Appeals to learn more. If a document to be annexed to an affidavit or affirmation is voluminous and only discrete portions are relevant to the motion, counsel shall attach excerpts and submit the full exhibit separately.

Documents in a foreign language shall be translated as required by CPLR b. Whenever reliance is placed upon a decision or other authority not readily available to the court, a copy of the case or of pertinent portions of the authority shall be submitted with the motion papers.

When appropriate, proposed orders should be submitted with motions, e. No proposed order should be submitted with motion papers on a dispositive motion. Unless the court orders otherwise, no motion may be adjourned on consent more than three times or for a cumulative total of more than 60 days. The counsel certifying compliance may rely on the word count of the word-processing system used to prepare the document.

In the event that the court grants permission for an oversize submission, the certification required by paragraph b above shall set forth the number of words in the document and certify compliance with the limit, if any set forth by the court. Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits of a motion are not permitted, except that counsel may inform the court by letter of the citation of any post-submission court decision that is relevant to the pending issues, but there shall be no additional argument.

Materials submitted in violation hereof will not be read or considered. Opposing counsel who receives a copy of materials submitted in violation of this Rule shall not respond in kind.

Motions shall be brought on by order to show cause only when there is genuine urgency e. See Section Absent advance permission of the court, reply papers shall not be submitted on orders to show cause. Unless the moving party can demonstrate significant prejudice by reason of giving notice, or that notice could not be given despite a good faith effort to provide notice, a temporary restraining order should not be issued ex parte. Unless excused by the court, the applicant must give notice of the time, date and place that the application will be made in a manner, and provide copies of all supporting papers, to the opposing parties sufficiently in advance to permit them an opportunity to appear and contest the application.

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 either that: a notice has been given; or b notice could not be given despite a good faith effort to provide it or c there will be significant prejudice to the party seeking the restraining order by giving of notice.

The procedure to be adopted shall set forth whether oral argument is required on all motions or whether the court will determine, on a case-by-case basis, whether oral argument will be heard and how counsel shall request argument and, if oral argument is permitted, when counsel shall appear.

Notice of the date selected by the court shall be given, if practicable, at least 14 days before the scheduled oral argument. 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 Except as otherwise provided in such subsection and in this section, such a special proceeding shall be subject to the provisions of article four of the CPLR and of section Such a special proceeding shall be commenced in the Supreme Court in: i Albany County; or.

Notwithstanding any provision of Article eighty of the CPLR, no fee shall be collected pursuant to such Article in such a special proceeding. In order to commence such a special proceeding, the petitioner must be: i either A an employee of the State or of a political subdivision thereof, or B an attorney who represents or has represented the respondent in a criminal court; and ii a person identified as a debtor in a financing statement filed pursuant to Subpart one of Part five of Article nine of the Uniform Commercial Code; and.

A petition in such a special proceeding shall substantially conform to the model petition set forth in Appendix A of this section and shall allege that:.

The petition shall demand the expungement or redaction of such financing statement or, as appropriate, any amendment thereof, in the office in which the financing statement is filed; and may demand any additional relief authorized under section of the Uniform Commercial Code. The court may order a referee to hear and determine such a special proceeding. Where the court also finds that the respondent has engaged in a repeated pattern of falsely filing financing statements under Subpart one of Part five of Article nine of the Uniform Commercial Code, the court may enjoin the respondent from filing or amending any further financing statement without court leave; and, in such case, where respondent is incarcerated at the time such injunction issues, the court shall cause a copy thereof to be transmitted to the head of the correctional facility in which respondent is incarcerated.

Historical Note Added on April 9, Where feasible and appropriate, the court is encouraged to grant such requests. An adjournment of a conference will not change any date in any court order, including but not limited to the preliminary conference order, unless otherwise directed by the court.

Historical Note Added on May 24, Amended Dec. Counsel for all parties shall consult prior to a preliminary or compliance conference about i resolution of the case, in whole or in part; ii discovery, including discovery of electronically stored information, and any other issues to be discussed at the conference, iii the use of alternate dispute resolution to resolve all or some issues in the litigation; and iv any voluntary and informal exchange of information that the parties agree would help aid early settlement of the case.

Counsel shall make a good faith effort to reach agreement on these matters in advance of the conference. Added Dec. 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. 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. Where a case is reasonably likely to include electronic discovery counsel shall, prior to the preliminary conference, confer with regard to any anticipated electronic discovery issues. Further, counsel for all parties who appear at the preliminary conference must be sufficiently versed in matters relating to their clients' technological systems to discuss competently all issues relating to electronic discovery: counsel may bring a client representative or outside expert to assist in such e-discovery discussions.

In establishing the method and scope of electronic discovery, the court may consider the following non-exhaustive list, including but not limited to: i identification of potentially relevant types or categories of ESI and the relevant time frame; ii disclosure of the applications and manner in which the ESI is maintained; iii identification of potentially relevant sources of ESI and whether the ESI is reasonably accessible; iv implementation of a preservation plan for potentially relevant ESI; v identification of the individual s responsible for preservation of ESI; vi the scope, extent, order, and form of production; vii identification, redaction, labeling, and logging of privileged or confidential ESI; viii claw-back or other provisions for privileged or protected ESI; ix the scope or method for searching and reviewing ESI; and x the anticipated cost and burden of data recovery and proposed initial allocation of such cost.

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. When a note of issue and certificate of readiness are filed pursuant to section In an action governed by CPLR 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.

Amended c on Mar. Amended l on Apr. Amended b on Jul. Amended sections This section shall be applicable to residential mortgage foreclosure actions involving a home loan secured by a mortgage on a one- to four-family dwelling or condominium, in which the defendant is a resident of the property subject to foreclosure.

The RJI shall contain the name, address, telephone number and e-mail address, if available, of the defendant in the action, and the name of the mortgage servicer, and shall request that a settlement conference be scheduled.

If the mortgage servicer involved in the case and listed on the RJI is changed at any time following the filing of the RJI, plaintiff shall file with the court and serve on all the parties a notice setting forth the name and contact information of the new or substituted mortgage servicer. The Chief Administrator may take such further action as she deems fit with respect to such case or cases, including but not limited to a placing a case on a delinquency calendar; b providing case information to a housing counseling agency or agencies; and c ordering a status conference.

The Notice shall be mailed to all parties or their attorneys, which must include mailing to the address of the property subject to the mortgage. The Notice shall be on a form prescribed by the Chief Administrator, and it shall set forth the purpose of the conference, the requirements of CPLR Rule , instructions to the parties on how to prepare for the conference, and what information and documents to bring to the conference as specified in CPLR Rule e.

The Notice shall further provide that the defendant contact the court by telephone, no later than seven days before the conference is scheduled, to advise whether the defendant will be able to attend the scheduled conference.

The court may also use the conference for whatever other purposes the court deems appropriate. Where appropriate, the court may permit representatives of either party to attend the conference telephonically or by video-conference. Any representative participating in the conference, whether in person, telephonically or by video conference, shall be fully authorized to dispose of the case, as required by CPLR Rule c. The court shall ensure that procedures are in place to enforce the duty to negotiate in good faith, as defined in CPLR Rule f , consistent with the mandates of CPLR Rule i , j , and k.

The court shall ensure that procedures are in place to note the vacatur of any defaults upon service and filing of answers pursuant to CPLR Rule m. The court shall schedule such other conferences as may be necessary to help resolve the action.

A party may not charge, impose or otherwise require payment from the other party for any cost, including but not limited to attorneys' fees, for appearance at or participation in the settlement conference. The Chief Administrator shall establish requirements for education and training of all judges and nonjudicial personnel assigned to conduct foreclosure conferences pursuant to this section. The Chief Administrator shall submit a report no later than the first day of November of each year to the Governor, and to the legislative leaders set forth in section a 2 of chapter of the Laws of , on the adequacy and effectiveness of the settlement conferences, which shall include number of adjournments, defaults, discontinuances, dismissals, conferences held and the number of defendants appearing with and without counsel.

Added Amended Added f on Dec. Amended c 5 i on Mar. Amended b 3 on Nov 28, Amended b 1 on Nov 22, Amended c 2 on November 5, , effective December 1, Actions may be removed to courts of limited jurisdiction without consent pursuant to the provisions of CPLR d as follows:. July 21, Amended h. 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. Depositions authorized under the provisions of the Civil Practice Law and Rules or other law may be taken, as permitted by section 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. 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.

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.

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.

Each time the videotape is stopped and resumed, such times shall be orally announced on the tape. 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. 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. 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 of the Civil Practice Law and Rules. 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.

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. 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.

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.

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.

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.

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.

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.

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 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 of the Family Court Act.

Sworn statements of net worth, except as provided in subdivision k of this section, exchanged and filed with the court pursuant to section 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.

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. The application may be granted only after the court reviews the finances of the parties and an application for attorney's fees.

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 days from the date of service of the summons and complaint or summons with notice upon the defendant.

Notwithstanding section Every paper served on another party or filed or submitted to the court in a matrimonial action shall be signed as provided in section 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:. 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.

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 trial not later than six months from the date of the conference.

The court may appoint an attorney for the infant children, or may direct the parties to file with the court, within 30 days of the conference, a list of suitable attorneys for children for selection by the court.

The court also may direct that a list of expert witnesses be filed with the court within 30 days of the conference from which the court may select a neutral expert to assist the court.

The court shall schedule a compliance conference unless the court dispenses with the conference based upon a stipulation of compliance filed by the parties. Unless the court excuses their presence, the parties personally must be present in court at the time of the compliance conference. If the parties are present in court, the judge personally shall address them at some time during the conference.

Failure to file with the court a report in conformance with these requirements may, in the court's discretion, preclude the use of the expert. Except for good cause shown, the reports exchanged between the parties shall be the only reports admissable at trial. Late retention of experts and consequent late submission of reports shall be permitted only upon a showing of good cause as authorized by CPLR d 1 i.

In the discretion of the court, written reports may be used to substitute for direct testimony at the trial, but the reports shall be submitted by the expert under oath, and the expert shall be present and available for cross- examination.

In the discretion of the court, in a proper case, parties may be bound by the expert's report in their direct case. The other party, if he or she has not already done so, shall file with the court a statement complying with paragraph 1 of this subdivision within 20 days of such service. No action or proceeding to which this section is applicable shall be deemed ready for trial unless there is compliance with this section by the party filing the note of issue and certificate of readiness.

In all actions or proceedings to which this section is applicable referred to the Family Court by the Supreme Court pursuant to section of the Family Court Act, all statements, including supplemental statements, exchanged and filed by the parties pursuant to this section shall be transmitted to the Family Court with the order of referral. Unless, on application made to the court, the requirements of this subdivision be waived for good cause shown, or unless otherwise expressly provided by any provision of the CPLR or other statute, the following requirements shall govern motions for alimony, maintenance, counsel fees other than a motion made pursuant to section c or of the Domestic Relations Law for counsel fees for services rendered by an attorney to secure the enforcement of a previously granted order or decree or child support or any modification of an award thereof:.

Fees and expenses of experts shall include appraisal, accounting, actuarial, investigative and other fees and expenses including costs for processing of NYSCEF documents because of the inability of a self-represented party that desires to e-file to have computer access or afford internet accessibility to enable a spouse to carry on or defend a matrimonial action or proceeding in the Supreme Court.

Any such motion shall be determined within 30 days after the motion is submitted for decision. With respect to other issues before the court, to the extent feasible, trial should proceed from day to day to conclusion. June 11, Amended f 1. Amended c 1 and c 2 on Aug. Amended f 2 on Apr. Added m on Dec. Amended m on June 22, Amended k 3 on January 19, After both sides rest their cases, the parties can make closing arguments to the judge or jury to point out the facts most favorable to the claims.

If there is a jury, the judge tells the jury about the law that should be used to make its decision and what level of proof is needed. This is called the jury charge. After the jury is dismissed, it is possible for the judge to change or modify the verdict. If there is no jury, the judge makes a decision, but he or she may not make a decision right away. Read more about Judgments. After the verdict and final judgment, the winning side can take steps to collect or enforce the judgment.

The losing side can appeal if he or she thinks the judge made a mistake. A party can object if he or she thinks there is a reason why the testimony or the document should not be allowed by the Judge.