(From the August 2008 Newsletter)
Uniform Forms
(From the December 2006 Newsletter)
RULE CHANGES
The United States Court of Appeals for
the Second Circuit hereby gives notice to interim changes and proposed permanent
changes in its Local Rules 0.23 (Dispositions by Summary Order), and invites
comments thereon. The new rule will go into effect immediately on an interim
basis. Comments should be submitted in writing no later than December 29, 2006
to Thomas Asreen, Acting Clerk of the Court, Unites States Court of Appeals for
the Second Circuit, 40 Foley Square, Room 1802, New York, NY 10007. For a copy
of this rule, please contact (212) 857-8500.
(From the October 2006 Newsletter)
Pursuant
to the authority vested in the Chief Administrative Judge of the Courts, and
with the advice and consent of the Administrative Board of the Courts:
*
amended,
effective October 1, 2006, section 202.7 of the Uniform Civil Rules for the
Supreme and County Courts, to add a new subdivision (f), relating to
temporary restraining orders: §202.7 Calendaring of Motions; Uniform Notice
of Motion Form; Affirmation of Good Faith
click here for a complete description
* effective
January 15, 2007, §1200 on lawyer advertising
click here for a
complete description
(From the October 2005 Newsletter)
NOTICE TO ATTORNEYS & LITIGANTS IN CIVIL MATTERS
Pursuant to an amendment (of UCCA § § 400, 409 and 411)
which takes effect on September 7, 2005, "an action is commenced in this
court by the filing of a summons and complaint." "The actual index
number shall be on the summons...as served."
This means that a plaintiff must file the summons and complaint and obtain an index number prior to its service upon the defendant (s). Plaintiff will then have 120 days in order to serve the summons and complaint upon the defendant (s). If you have any questions, please contact Christopher Aldrich at 434-5109.
NEW RULES
At a Stated Term of the US Court of Appeals for the Second Circuit, held at the
Thurgood Marshall United States Courthouse in the City of New York on August 25,
2005, it is ordered that the Local Rules of the United States Court of Appeals
for the Second Circuit are amended by the adoption of Local Rule § 0.29 and the
amendment of Local Rule § 0.18 by the addition of clause (8). For a copy of the
new rules, contact Roseann B. MacKechnie, Clerk of the Court, (212) 857-9500.
**********************************
(From the Dec. 2004 Newsletter)
NEW RULES
The Administrative Board of the Courts has recommended for public comment proposed amendments and additions to Part 100.0, 100.3, 100.5, 100.6 and Part 150 of the Chief Administrator of the Courts’ Rules Governing Judicial Conduct. The proposed changes are based upon the reports of the Commission to Promote Public Confidence in Judicial Elections. Please visit the web at www.courts.state.ny.us/press/index.shtml for copies of the reports. Deadline is December 22, 2004.
(From the Sept. 2004 Newsletter)
IMPORTANT NOTICE
The NYS Legislature has adopted a budget which includes a FEE INCREASE for filing the mandatory RP5217 form, effective September 1, 2004. Filing fees will go from $50 to $75 for qualifying residential or farm property and $165 for all other properties. These new fees apply to deeds submitted for recording on or after September 1, 2004.
If the following box is
checked: 7A, 7B, 7E or both 7G and 8 or if the property classification code
(item 18) is: 100 through 199; or 200 through 299; or 411 - C the fee will be
$75. All others the fee will be $165. A more detailed explanation of the new
fees will be posted on www.orps.state.ny.us
(From the April 2004
Newsletter)
NEW RULES
Pursuant to the authority of the Chief Administrative Judge
of the Courts, and with the advice and consent of the Administrative Board of
the Courts, amended, effective immediately, section 202.5 of the Uniform Civil
Rules for the Supreme and County Courts, to add a new subdivision (c) relating
to papers filed in court.
Please contact the ACBA’s office for a copy of this new rule.
HIPPA FORM
A new form (OCA Official Form 960) to be used to obtain medical information
needed for litigation, which complies with the privacy requirements of the
federal Health Insurance Portability and Accountability Act (HIPPA) and its
implementing regulations has been placed on the OCA website,
www.nycourts.gov/forms/
together with a set of instructions.
(From the March 2004 Newsletter)
NEW RULES
Pursuant to section 212 of the Judiciary Law, the Chief Administrative Judge
of the Courts rescinds the following nine Surrogate’s Court Procedure Act
Article 17-A guardianship forms for use in proceedings in the Surrogate’s
Court:
The following ten forms for use in Surrogate’s Court SCPA Article 17 - A proceedings in the Unified Court System of the State of New York are prescribed:
Additionally, prescribed the following two forms for use in Surrogate’s Court proceedings in the Unified Court System of the State of New York:
| JA - 9 | Compulsory Accounting Citation |
| JA - 10 | Petition for a Compulsory Accounting and Related Relief |
For copies of these forms, please contact the Surrogate’s Court at 487-5393.
Pursuant to the authority vested in the Chief Administrative Judge of the
Courts, and with the approval of the Court of Appeals of the State of New York,
amended, effective immediately, section 100.5(c)(4) of the Chief Administrator’s
Rules Governing Judicial Conduct.
Please contact the ACBA’s office for a copy of this rule change.
(From the February 2004 Newsletter)
NEW RULES
Pursuant to Article VI, section 28(c), of the State
Constitution and section 211 (1)(a) of the Judiciary Law, and upon consultation
with the Administrative Board of the Courts and with the approval of the Court
of Appeals of the State of New York, the Chief Judge of the State of New York
promulgated, effective immediately, new Part 41 and Part 141 of the Rules of the
Chief Judge related to Integrated Domestic Violence Parts of Supreme Court and
relating to operation of Integrated Domestic Violence Parts in Supreme Court,
respectively.
Please contact ACBA's office for a copy of this new rule.
CASE
FILING BY
ELECTRONIC MEANS
Under
the terms of recent legislation[1], the New York State Unified Court System ("UCS")
now allows for the commencement of actions and ongoing submission of court
papers by Filing By Electronic Means ("FBEM") in cases involving
certain commercial claims in the Commercial Division of the Albany County
Supreme Court. Hon. Louis C. Benza,
J.S.C., is the Presiding Judge of Albany County's Commercial Division which was
established in May of 2002 to handle complex commercial matters.
Effective February 2, 2004 any actions eligible for inclusion in the
Albany County Commercial Court Part will be accepted for filing and processing
pursuant to the authorized FBEM protocol.
[1]
Chapter 110 of the Laws of 2002; re-authorized by Chapter 261 of the Laws of
2003.
[2]
A Filing User may indicate that a document contains confidential information
(ASecure
Document@)
which will restrict the ability to view the filing to the Court, counsel of
record and/or any registered unrepresented party.
(From the January 2004 Newsletter)
NOTICE
TO MEMBERS
Judge
Littlefield of the U.S. Bankruptcy Court has ordered that all bankruptcy filings
must be electronically filed as of July 1, 2004.
Pursuant to the authority vested in the administrative
Judge of the Courts, and with the advice and consent of the Administrative Board
of the Courts, added, effective immediately, new section 200.25 of the Uniform
Rules for Courts Exercising Criminal Jurisdiction, authorizing a procedure for
accepting guilty please by mail in New York City Criminal Court.
Please contact the ACBA’s office for a copy of this new rule.
(From the December Newsletter)
NEW RULES
Pursuant to the authority vested in the Administrative Judge of the Courts, and
upon consultation with the Administrative Board of the Courts, amended,
effective immediately, Part 104 of the Rules of the Chief Administrator of the
Courts, relating to the format of retained court records. Please contact the
ACBA’s office for a copy of this new rule.
(From the November 2003 Newsletter)
Pursuant to the authority vested in the Chief Administrative
Judge of the Courts, amended, effective immediately:
ˇ
Part 104 of the Rules of the Chief Administrator of the Courts, relating to the format of retained court recordsˇ
Section 205.53(b)(7) of the Uniform Rules for the Family Court, and section 207.55(b)(7) of the Uniform Rules for the Surrogate’s Court, relating to the attorney’s affidavit fo financial disclosure in adoption cases.ˇ
Pursuant to the authority vested in the Chief Administrative Judge of the Courts, and with the consultation and agreement of the Appellate Divisions; First, Second, Third and Fourth Departments, the Annual Orders for the First, Second, Third and Fourth Departments (AO/465/02, AO/466/02 and AO/402/02) and the Court of Claims (AO/403/02) by amending the Court Terms set out therein as follows: Court Term 13, 2003 will commence on December 1, 2003 and will end on January 4, 2004.ˇ
The new Part 137 Rule, effective January 1, 2002, expanded the existing attorney-client fee dispute program to include all areas of representation with the exception noted in the Rule.Copies are available at the ACBA’s office.
(From the October 2003 Newsletter)
NEW RULES
Pursuant to the authority of the Chief Judge of
the State of New York, and in consultation with the Administrative Board of the
Courts:
g and with the approval of the Court of Appeals of the State of New York, and in accordance with Chapter 13 of the Laws of 2003 prohibiting smoking inside places of employment, repealed, effective July 24, 2003, Part 39 of the Rules of the Chief Judge, entitled "Smoking Policy for New York State Unified Court System" and adopted, effective July 24, 2003 a new Part 39 "Prohibition of Smoking in the Unified Court System."
g and with the approval of the Court of Appeals of the State of New York, amended, effective immediately, section 25.16(a) of the Rules of the Chief Judge, relating to the nondiscrimination policy of the court system and the Equal Employment Opportunity.
g amended, effective immediately, section 202.28 of the Uniform Civil Rules of the Supreme and County Courts, relating to discontinuance of civil actions.
g amended, effective immediately, sections 130-1.4 and 130-2.4 of the Rules of the Chief Administrator of the Courts, relating to the creation of the title of support magistrates.
g amended, effective immediately, sections 205.3, 205.32, 205.33, 205.34, 205.35, 205.36, 205.37 and 205.43 of the Uniform Rules for the Family Court, relating to the creation of the title of support magistrates.
Copies are available at the Bar Association’s office for your convenience.
(From the September 2003 Newsletter)
RULES CHANGES
Pursuant to the authority vested in the Chief
Administrative Judge of the Courts, and with the advice and consent of the
Administrative Board of the Courts, amended, effective September 1, 2003,
section 208.42(f)(2) and 208.43(d)(10)(iii) of the Uniform Rules for the New
York City Civil Court relating to the venue of Housing Part proceedings in the
Red Hook Community Justice Center. Details available at the ACBA’s office.
(From the August 2003 Newsletter)
ORDERS OF PUBLICATION
Copies of the Orders of Publication for Rule 5.1.2
of Local Rules of Civil Procedure - Electronic Case Filing (General Order #22)
and Rule 1.2 of Local Rules of Criminal Procedure - Electronic Case Filing
(General Order #22) can be obtained from the court’s web page at www.nynd.uscourts.gov
All comments should be submitted by the close of business on August 8, 2003.
RULES CHANGES
All comments are sought for the proposed changes to the Northern District of
New York Local Rules of Practice. The comments or suggestions are due by
September 2nd, 2003, and may be forwarded electronically to LocalRules2004@nynd.uscourts.gov,
or via mail at Lawrence K. Baerman, Clerk of Court, 100 S. Clinton Street, PO
Box 7367, Syracuse, New York 13261 Attn: Local Rules Committee.
(From the July 2003 Newsletter)
NEW WEBSITE
The Third Judicial District has launched a new
website at www.nycourts.gov/courts/3jd
It contains information, special rules, directions and forms for all the Courts,
Jury Service and Law Libraries.
NEW RULES
Pursuant to the authority vested in the Chief Administrative Judge of the
Courts, and in accordance with section 17 of a chapter of the Laws of 2003, I
hereby amend, effectively July 14, 2003 section 118.1(g) of the Rules of the
Chief administrator [22 NYCRR], relating to the attorney registration fee, to
read as follows:
(g) Each registration statement filed pursuant to ths section shall be accompanied by a registration fee of [$300] $350....
FEES INCREASE
Effective July 14, 2003, the County Clerk and Surrogate Court fees will
dramatically increase. For the first time, there will fees for filing a Motion
or Cross Motion ($45) and a Stipulation of Settlement or Voluntary
Discontinuance ($35). Index Numbers will cost $210, RJI’s $95, Note of Issues
$125, and Notices of Appeal $65. Significant increases will also affect the fee
schedule for probate and administration of estates. The full schedule is
available at the Bar Association office, your local courts or www.nycourts.gov/courts/3jd
(From the May 2003 Newsletter)
CASE MANAGEMENT/ELECTRONIC CASE FILES
The Northern District of New York is preparing for a new automated filing system, scheduled for implementation January 1, 2004, called CM/ECF - Case Management/Electronic Case Files. In preparation of this new technology, we would like to educate attorneys and conduct demonstrations to thoroughly explain how electron filing works. For more details on CM/ECF please visit their website at
www.nynd.uscourts.govUNIFIED COURT SYSTEM FIDUCIARY APPOINTMENTS
Effective June 1, 2003, the existing lists for inclusion in the Unified Court System fiduciary appointments will expire. Those interested must complete and file a new application form. The newly amended Part 36 of the Rules of the Chief Judge and the application form are available online at
www.nycousts.gov or part36@courts.state.ny.us There are new limits on the amount of compensation available on a yearly and per case basis as well as special rules for performance of judicial functions.
(From March 2003 Newsletter)
ATTENTION MEMBERS
Changes to the Rules for Judicial Appointment
Of Guardians, Receivers and Others
Attorneys looking to be appointed as guardians, guardians ad litem, receivers, referees and to other positions should be aware that the rules governing these appointments have changed. Part 36 of the Rules of the Chief Judge, relating to judicial appointments, have been amended to remedy concerns arising primarily out of the City of New York. Some of the changes are effective now and some will go into effect on June 1, 2003.
Until June 1, 2003, Judges may select appointees from a list of applicants established by the Chief Administrator of the Courts. However, in practice court evaluators currently must be selected from the list. After June 1, 2003, all appointments shall be made by the appointing judge from the lists of applicants established for each type of appointment. The appointing judge may appoint outside the lists only for "good cause," and must file a written statement explaining his or her reasons. The practical effect is that most appointments are likely to be made from these lists.
The Chief Administrator is to provide forms for applications. However, these forms have not yet been prepared.
The Chief Administrator is also to establish education and training requirements for placement on the lists of available applicants. Registration will be required every two years to remain on the lists.
The new rules also contain numerous reasons for disqualification from appointment, as well as limitations upon total compensation. As of January 1, 2003, any attorney appointed must sign an affirmation of qualification.
Attorneys seeking appointments should consult Part 36 for a complete understanding of the new rules.
Caution on Filing of Papers
Attorneys filing papers with the Albany County Clerk’s Office, and in other counties, should be aware that many clerk’s offices are backlogged and papers sent by mail may not be stamped as filed when received. This not only affects filings of summons and complaints but also motions when an RJI is required. This can have disastrous consequences when an attorney is bumping up against the statute of limitations or other filing deadline.
To remedy this situation, the Albany County Legislature has authorized the hiring of two new staff members in the Clerk’s Office. Even before this step was taken, the delay had been reduced to an average of five days, although it had been as long as three weeks earlier in the year due to a continued heavy volume of refinancings resulting in new mortgage filings.
If a statute of limitations issue is confronted, the Albany County Clerk is keeping track of when mail is received, and will issue a certificate attesting to the date of receipt. However, whether this will be adequate to fend off a motion to dismiss is presently uncertain.
The lesson is that papers should be personally filed when time is running short.
(From February 2003 Newsletter)
NEW RULES - COURT OF CLAIMS
Chief Administrative Judge Jonathan Lippman has approved new rules which extend
filing by electronic means to practice in the Court of Claims. This pilot
project, which will initially apply to tort claims in the Albany District of the
Court of Claims, became operative January 2, 2003: Pursuant to 22 NYCRR §
206.5-aa(3): Pursuant to § 206.5-aa(c) of the Uniform Rules for the Court of
Claims (22 NYCRR § 206.5-aa[c]), and the request of the Attorney General, the
court hereby designates the following claims as subject to Filing by Electronic
Means in accordance with the provisions of section 202.5-b of the Rules of the
Chief Administrator of the Courts: claims for personal injury or property damage
accruing in the Albany District (i.e., in the following counties: Albany, Essex,
Rensselaer, Ulster, Clinton, Franklin, Saratoga, Warren, Columbia, Greene,
Schenectady or Washington). For a copy of this order, visit their web site at www.nyscourtofclaims.state.ny.us