If a motion affecting the caption or the trial status of a case e. The following procedures will be implemented after the filing of the note of issue and a jury demand in General Assignment, City, Motor Vehicle, and Transit cases, and in Asbestos matters.
As explained here, cases other than Asbestos matters will generally be processed as follows after the filing of the note of issue and jury demand:. Vigilante and Wilkenfeld will endeavor to settle these cases. Only counsel fully familiar with and authorized to settle shall appear at these conferences.
Cases that are not resolved in the Early Settlement Conference Parts will be referred to the Judicial Mediation Part Part J-Med , where they will undergo an intensive settlement effort. All counsel attending Judicial Mediation conferences must have familiarity with all aspects of the case.
Further, counsel attending the conferences must either i have full authority to discuss settlement and enter into settlement agreements, or ii ensure that the client is present at the conference or is immediately available by telephone. A demand, if not already provided, must be provided to the defendant s in advance of this conference so as to facilitate discussion at the conference.
The discussions in a case in Part J-Med constitute the last opportunity prior to jury selection to settle the matter under judicial auspices.
If a case is not settled in Part J-Med, the matter will be referred to the Administrative Coordinating Part, Part 40 TR, for jury selection and trial at an early date in the future. The attorneys will be given an opportunity to select a trial date that will be convenient for them and their witnesses.
At the final appearance in Part J-Med, attorneys must bring information about their schedules and those of their witnesses, including expert witnesses, so as to allow for the selection of an appropriate appearance date in Part 40 TR.
The date so fixed will be a firm one, as explained hereafter. Immediately after the last J-Med conference, counsel must notify all witnesses, including expert witnesses, of the trial date fixed and of the fact that the trial date is a firm one.
These procedures will ensure that the court can place cases for trial expeditiously and efficiently and that counsel can prepare for trial in an efficient manner in reliance upon the schedule fixed. The functions of the Administrative Coordinating Part Part 40 TR are to send cases out for jury selection and to refer them to an available Part for trial. These things will be done on the date of the scheduled appearance in Part 40 TR.
As noted above, that appearance date the jury selection date shall be a firm date. Counsel must be ready to proceed to jury selection and trial on that date. Accordingly, well before that date attorneys should have already contacted their witnesses and prepared for trial. Notification of an intention to make a request for adjournment based on the foregoing shall be provided to all other counsel on the case. As explained above, counsel should address the scheduling needs of themselves and their witnesses, including expert witnesses, at the last appearance in Part J-Med or the Transit Authority Settlement Part, shall immediately thereafter notify all witnesses of the trial date and that it is a firm one, and should not seek an adjournment because of scheduling concerns on the trial date in Part 40 TR.
Counsel must be prepared on the date of the appearance in Part 40 TR to inform the Administrative Coordinating Judge of the anticipated length of the trial. No settlement discussions will be undertaken in Part 40 TR. The calendars will be called promptly at AM so that attorneys will be able to proceed to the Jury Room as quickly as possible on the morning of the appearance.
After a note of issue and jury demand have been filed in a City case, the case will be referred to Early Settlement Conference Part 2 Room at 80 Centre Street.
An effort will be made by Mr. Wilkenfeld to settle these cases. City cases in which settlement is not achieved in the Early Settlement Part will be scheduled for a final settlement conference, the Last Clear Chance Conference. Wilkenfeld in Early Settlement Conference Part 2 will discuss with counsel a date for the Conference that will be suitable for all counsel. Therefore, at the last Early Settlement Conference counsel must have their schedules with them and those of their witnesses, including expert witnesses, and must consult them when the date of the Last Clear Chance Conference is being fixed.
Therefore, all counsel attending these conferences must have familiarity with all aspects of the case. Counsel attending these conferences in the Last Clear Chance Conference Part must either i have full authority to discuss settlement and enter into settlement agreements, or ii ensure that the client is present at the conference or is immediately available by telephone. If the case is not settled at the Last Clear Chance Conference, no further settlement discussions will be held.
The case will next appear on the calendar of the Administrative Coordinating Part Part 40 TR City , and will be sent out for jury selection and trial. At this appearance in Part 40 TR City there will be no settlement discussions.
Adjournments will not be permitted except under the very limited circumstances set forth in Section 2 above. These conferences will take place in Room at 60 Centre Street, All counsel attending these conferences must have familiarity with all aspects of the case.
Counsel attending the conferences must either i have full authority to discuss settlement and enter into settlement agreements, or ii ensure that the client is present at the conference or is immediately available by telephone. Counsel must contact the Transit Authority in advance of the conference to transmit the demand.
Discussions in Part 40 TASP shall provide the last opportunity prior to jury selection to settle a Transit case under judicial auspices.
If a case is not settled in Part 40 TASP, the attorneys will be given an opportunity to select a convenient trial date in the near future. A firm date shall be fixed for appearance in the Administrative Coordinating Part, Part 40 TR, for immediate jury selection and referral to a Part for trial. At the final appearance in the Transit Authority Settlement Part, attorneys must bring information about their schedules and those of their witnesses, including expert witnesses, so as to allow for the selection of an appropriate selection and trial date in Part 40 TR.
Counsel will be required to complete a form in which the appearance date will be fixed. The date so fixed will be a firm one. EF Statement of Authorization for Electronic Filing Single Attorney Authorizing Filing Agent Entity A fill-in-the-blanks form authorizing a filing agent entity and its employees to e-file documents on behalf of an attorney.
EF Revocation of Authorization for Electronic Filing — Single Attorney A fill-in-the-blanks form revoking a prior authorization given to a filing agent to e-file documents on behalf of an attorney. EF Authorization of Agent for Service A fill-in-the-blanks form authorizing a filing agent to act on behalf of an attorney with respect to electronic service and notification.
EF Revocation of Authorization — Agent For Service A fill-in-the-blanks form revoking a prior authorization given to a filing agent to act on behalf of an attorney with respect to electronic service and notification in an e-filed matter. EF Notice of Hard Copy Submission — E-Filed Cases This form must be annexed to hard copy submissions in e-filed cases when and as permitted by local rules or protocols.
EF Notice of Hard Copy Exhibit Filing A fill-in-the-blanks form to be completed and e-filed when authorized to submit exhibits in hard copy pursuant to Rule EF Notification of Confidentiality Issue or Error A sample form that may be used to provide the notice that must be given when a party or other affected person intends to seek judicial relief due to the e-filing of a document containing confidential information or otherwise filed in error.
EF Request for Restricted Status This form must be e-filed or otherwise delivered to the County Clerk to request restricted status for an e-filed document containing confidential information or otherwise filed in error. EFa Notice of Conversion to Electronic Filing This form is to be served on all other parties once an applicant as a result of submitting EF is notified that a matter has been converted to E-Filing — proof of service of this form must be e-filed into the converted matter via NYSCEF.
EF Notice of Limited Appearance Foreclosure Matter A form that may be used in residential foreclosure actions where Attorney representation of a homeowner is limited. EFM-1 Notice of Electronic Filing A notice, with information on e-filing, to be served in hard copy along with commencement papers in a mandatory case.
EFM-1A Notice of Electronic Filing Mandatory Commencement ONLY This form must be served in hard copy along with commencement documents in two case types authorized in several counties for mandatory commencement only with subsequent documents to be electronically served and filed on consent.
EFM-5 Notice of Intent to Cease E-Filing A notice to be filed and served when unrepresented parties choose to remove themselves from e-filing on a case. Note: This statement of authorization must be e-filed prior to or together with the first e-filing in the matter by the agent. AD-EFC Revocation of Authorization for Electronic Filing — Individual Attorney A fill-in-the-blanks form revoking a prior authorization given to a filing agent to e-file documents on behalf of an individual attorney.
Statement of E-Filing A fill-in-the-blanks form required for any matter that was e-filed in the trial court in which the notice of appeal was filed on or after April 1, OR for any matter in which all parties consent to the case being e-filed and where the notice of appeal is filed on or after April 1, CC-3 Stipulation and Consent to E-Filing A stipulation and consent to e-filing that must be printed, completed, and e-filed.
CC-7a Notice of Conversion to Electronic Filing This form is to be served on all other parties once an applicant as a result of submitting CC-7 is notified that a matter has been converted to E-Filing - proof of service of this form must be e-filed into the converted matter via NYSCEF.
SC-3 Notice of Intent to Cease E-Filing A notice to be filed and served when unrepresented parties choose to remove themselves from e-filing on a case.
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