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Report No. 188


State of New York (Commercial Division)(Supreme Court, New York County):

Rules of the Justices of the Commercial Division, Supreme Court,

New York County (see For electronic filing, these Rules apply unless inconsistent with section 202.5-6 of the Uniform Rules for Trial Courts.

Part I deals with General Rules; Rule 1 refers to 'Appearances by Counsel with knowledge and Authority'; Rule 2 to 'Settlement and Discontinuances'; Rule 3 to 'Cases Marked - Off Calendar'; Rule 4 states Division Justices do not accept pages of any sort by fax unless indicated otherwise by the Justice in a particular case; Rule 5 refers to 'Information on cases' and Rule 6 to 'Special Part 27 Calendar Number'.

Part 2 refers to 'Conferences' and starts with Rule 7. Rule 7 deals with 'Preliminary Conferences'. Such conferences have to be held within 45 days of assignment of a case to the Commercial Division, unless impracticable for other reasons. Rule 8 deals with 'Consultation Among Counsel and with the Client, prior to Preliminary and Compliance Conferences', when counsel will discuss about (i) resolution of the case, in whole or in part, and (ii) discovery and other issues.

Rule 9 deals with 'Familiarity with outstanding motions', Rule 10 with 'Submission of Information', Rule 11 with 'Discovery Schedule', Rule 12 with 'Stay of Discoveries', Rule 13 with 'Non-Appearance at Conference', Rule 14 with 'Adherence to Discovery Schedule' and Rule 15 to 'Disclosure Disputes'; Rule 16 deals with 'Adjournment of Conferences'. It refers to the position before each of the particular judges for example, as follows:

"Contact Chambers by Conference Cell.

Freedman, Moskowitz, Romas JJ: No adjournment permitted.

Gammerman J: Adjournment permitted for good cause. Contact clerk of the Part.

Lowe J: One adjournment only permitted on a showing of good cause. The adjournment may not exceed 30 days

Part III deals with "Motions" and starts with Rule 17, i.e. urgent motions. Rule 17 deals with Form of Motion Papers, Rule 18 with Length of Motion Papers, Rule 19 Sun-Reply and post-submission Papers. Rule 19-a deals with 'Statement of Material Facts on Motion for Summary Judgment'. This rule effective from 3.5.2002 reads as follows:

"Rule 19-a: Statement of Material Facts on Motion for Summary Judgment:

(a) Upon any motion for summary judgment OTHER THAN A MOTION PURSUANT TO CPLR 3213, there shall be annexed to the notice of motion a separate, short and concise statement of the material fact as to which the moving party contends there is no genuine issue to be tried. Failure to submit such a statement may constitute grounds for denial of the motion.

(b) The papers opposing a motion for summary judgment OTHER THAN A MOTION PURSUANT TO CPLR 3213 shall include a separate, short and concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried.

(c) All material facts set forth in the statement required to be served by the moving party will be deemed to be admitted for purposes of the motion unless controverted by the statement required to be served by the opposing party.

(d) Each statement of material fact by a movant or opponent must be followed by citations to evidence submitted in support of or in opposition to the motion".

Rule 23 refers to 'Oral argument'.

Part IV deals with regular 'Trials'. Rule 26 states that once a trial date is set, counsel are immediately to determine the availability of witnesses. If, for any reason, Counsel are not prepared to proceed on the scheduled date, the Court is to be notified within 5 days of the date fixed, failing which they shall be deemed to have waived any request for adjournment of the trial.

Rule 27 states that failure of the counsel to attend the trial at the time and date scheduled will constitute waiver of the right of that attorney and his or her client to participate in the trial for the period of counsel's absence.

Rule 28 states that estimated length of trial will have to be furnished by parties, after consulting their witnesses, at least 5 days before trial.

Rule 30 requires 'Pre-marking of Exhibits' by counsel on both sides, to the extent of documents not in dispute. A separate list of plaintiff's and defendant's undisputed documents will be prepared. Another list will contain disputed documents. Such lists have to be submitted 5 days before trial.

Rule 31 refers to 'Identification of Deposition Testimony' which is referable to those areas of evidence which can be offered without objection and to areas where evidence will be offered in the context of objections raised. This list should also be submitted 5 days in advance. The Court will rule upon the objections at the earliest possible time after consulting the Counsel.

Rule 32 refers to 'Pre-trial' Memorandum. It requires that, in complex cases, counsel should submit Pre-trial memorandum as it will facilitate efficient presentation of proof. It has to be submitted 5 days before trial and should not exceed 25 pages. No Memoranda in response shall be submitted.

Rule 33 deals with scheduling of witnesses. It says that 5 days before trial, each party shall inform the counsel and the opposite side as to the witnesses it wants to examine.

Rule 35 deals with 'Pre-trial' Conference.

Monroe County: Commercial Division, N.Y. State.

The rules are similar to the rules of New York County. Part I is 'General', part II deals with 'Conferences', Part III with 'Motions', Part IV with 'Trials'.

India: We shall refer to our proposals for 'fast track' trials in India in Chapter IX.

Proposals for Constitution of Hitech Fast Track Commercial Divisions in High Courts Back

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