3/24/21 N.Y. St. Reg. Court Notices

NY-ADR

3/24/21 N.Y. St. Reg. Court Notices
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 12
March 24, 2021
COURT NOTICES
 
AMENDMENT OF RULE
Rules of the Chief Judge
Pursuant to Article VI, § 28(c) of the State Constitution and section 211 of the Judiciary Law, upon consultation with the Administrative Board of the Courts, and with the approval of the Court of Appeals of the State of New York, I hereby amend, effective immediately, Part 36 of the Rules of the Chief Judge, by deleting the bracketed material and adding the underlined material to section 36.1(b)(2)(iii) as follows:
Section 36.1 Application.
(b) Except for sections 36.2(c)(6) and 36.2(c)(7) of this Part, this Part shall not apply to:
(2) the appointment of, or the appointment of any persons or entities performing services for, any of the following:
(iii) a nonprofit institution performing property management or personal needs services, or acting as court evaluator[;], attorney for an alleged incapacitated person, or guardian ad litem;
AMENDMENT OF RULE
Rules of the Chief Administrative Judge of the Courts
Pursuant to the authority vested in me, with the advice and consent of the Administrative Board of the Courts, I hereby delete section 102.3 of the Rules of the Chief Administrative Judge of the Courts (22 NYCRR § 102.3), relating to reimbursement of long-term rental arrangements for judges and justices, effective February 11, 2021.
Section 102.3 [Apartment rental and long-term rental arrangements.] (Reserved)
[If a judge or justice rents an apartment or hotel or motel room other than at a daily rate, the Chief Administrator may permit reimbursement for lodging expenses at a rate to be determined by the Chief Administrator not to exceed the rate for lodging determined by the Chief Administrator pursuant to section 102.2(a)2 of this Part for each night when the judge or justice actually stayed overnight in the rented premises, provided that:
(a) the provisions of subdivision (c) of section 102.2 of this Part are satisfied as to each night's lodging expenses for which the judge or justice seeks reimbursement;
(b) prior approval of the rental arrangement is given by the Chief Administrator;
(c) a copy of the rental agreement is filed with the Chief Administrator;
(d) the total reimbursement of expenses for lodging in any period shall not exceed the rent for that period; and
(e) where the amount payable as reimbursement during any one month exceeds the monthly rent, the excess amount payable as reimbursement can be used as an offset against the rent for the same premises for another month within the rental period during which the amount payable as reimbursement was not sufficient to meet the monthly rent. No judge or justice will be reimbursed for other than actual and necessary expenses for lodging necessitated by the conduct of judicial business.]
AMENDMENT OF RULE
Uniform Rules for the Supreme and County Courts
Pursuant to the authority vested in me, and with the advice and consent of the Administrative Board of the Courts, I hereby amend, effective immediately, Sections 202.16(k) and 202.16-b of Part 202 of the Uniform Civil Rules for the Supreme and County Courts in matrimonial contested actions, as follows:
Section 202.16 Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite, and child support; special rules.
* * * *
(k) Motions for alimony, maintenance, counsel fees pendente lite and child support (other than under section 237[c] or 238 of the Domestic Relations Law).
* * * *
(3) No motion for counsel fees and expenses shall be heard unless the moving papers also include the affidavit of the movant's attorney stating the moneys, if any, received on account of such attorney's fee from the movant or any other person on behalf of the movant, the hourly amount charged by the attorney, the amounts paid, or to be paid, to counsel and any experts, and any additional costs, disbursements or expenses, and the moneys such attorney has been promised by, or the agreement made with, the movant or other persons on behalf of the movant, concerning or in payment of the fee. 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.
* * * *
Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.
* * * *
(2) Unless otherwise expressly provided by any provision of the CPLR or other statute, and in addition to the requirements of 22 NYCRR § 202.16 (k) where applicable, the following rules and limitations are required for the submission of papers [on pendente litein] all applications (including postjudgment applications) for alimony, maintenance, counsel fees, child support, exclusive occupancy, custody and visitation unless said requirements are waived by the judge for good cause shown:
AMENDMENT OF RULE
Rules of Practice for the Commercial Division
Pursuant to the authority vested in me, and with the advice and consent of the Administrative Board of the Courts, I hereby amend Rule 31 of the section 202.70(g) of the Uniform Rules for the Supreme and County Courts (Rules of Practice for the Commercial Division) to read as follows. This order shall take effect on March 1, 2021.
Rule 31. Pre-Trial Memoranda, [Exhibit Book] Trial Exhibits and Requests for Jury Instructions
(a) [Counsel]If requested by the Court, counsel shall submit pre-trial memoranda at [the pre-trial conference, or] such [other] time as the court may set. Counsel shall comply with CPLR 2103(e). A single memorandum of no [longer] more than [25 pages] 7,000 words shall be submitted by each side. No memoranda in response shall be submitted.
(b) At the pre-trial conference or at such other time as the court may set, counsel shall submit [an indexed binder or notebook] a copy of trial exhibits for each attorney’s and the court's use. [A copy for each attorney on trial and the originals] Unless otherwise directed in [a similar binder or notebook for the witnesses shall be prepared and submitted. Plaintiff's] the Court’s individual part rules, plaintiff’s exhibits shall be tabbed numerically [tabbed], and defendant’s exhibits shall be tabbed alphabetically.
(c) Where the trial is by jury, counsel shall, on the pre-trial conference date or such other time as the court may set, provide the court with case-specific requests to charge and proposed jury interrogatories. Where the requested charge is from the New York Pattern Jury Instructions--Civil, a reference to the PJI number will suffice. [Submissions should be by hard copy and disk or e-mail attachment in WordPerfect 12 format, as directed by the court.]
(d) In cases brought before paperless commercial parts, counsel shall submit the pre-trial memoranda, copy of trial exhibits and requests to charge on a USB flash drive. In all other commercial parts, counsel shall submit the pre-trial memoranda and requests to charge in a Word document, 12-point type, and submit the copy of trial exhibits in an indexed binder or notebook.
End of Document