Uniform Rules for New York State Trial Courts Review

PART 200 – UNIFORM RULES FOR THE NEW YORK STATE CRIMINAL COURT

• § 200.1 Scope and Definitions:

  • The rules within this Part govern procedures in every criminal court within the State of New York.

  • Chief Administrator of the Courts: Includes any designee of the Chief Administrator.

  • Clerk: Refers to the chief clerk or the appropriate clerk of the trial court.

• § 200.2 Court Term and Parts:

  • Term: Defined as 4-week sessions, resulting in $13$ total terms per year.

  • Parts: A designated unit of the court where specific business is conducted by a judge or quasi-judicial officer. These are established by the Chief Administrator of the Courts.

• § 200.3 Form of Papers:

  • Papers must comply with CPLR $2101$, excluding exhibits or printed forms.

  • Requirement: Must be one-sided.

  • Typewriting: Must be double-spaced between each line.

  • Margins: Must be $1$-inch on all sides.

• § 200.4 Submission of Papers:

  • Papers for any judge must be filed in the clerk’s office with the clerk of the trial court.

  • Exception: If the clerk is unavailable or the judge directs otherwise, papers may be submitted directly to the judge, with a copy filed with the clerk at the first available opportunity.

  • Required Identifiers: Papers addressed to the judge must show the nature of the papers, title, identification number of the accusatory instrument(s), the assigned judge, the name of the attorney or party, and the return date of any motion.

• § 200.5 Appearance of Counsel:

  • Attorneys must file a Notice of Appearance on or before the first court appearance or no later than $10$ days after being appointed or retained (whichever is sooner).

  • Notice contents: Attorney name, office address, telephone number, name of the represented person, and identification number of the accusatory instrument(s).

• § 200.6 Engagement of Counsel:

  • Adjournments based on the engagement of counsel are only granted in accordance with Part $125$ of the Rules of the Chief Administrator ($22\,NYCRR\,Part\,125$).

• § 200.7 Authority to Administer Oaths:

  • Court clerks and other designated employees are authorized to: Administer oaths, take acknowledgments, and sign the process of the court under seal.

• § 200.8 Official Forms:

  • "Forms for use in courts exercising criminal jurisdiction" are the official forms and must be uniformly used throughout the State.

• § 200.9 Certificate of Relief from Disabilities:

  • Pre-sentence reports must state the defendant's eligibility for a Certificate of Relief and provide a recommendation on its appropriateness.

  • Probation requirement: If an eligible defendant is on probation, the Probation Officer must inform them of their rights and provide paperwork before probation expires.

  • Sentencing: If the court ignores or denies relief, it must advise the defendant of future rights. Failure to comply does NOT affect the validity of the sentence.

• § 200.9-a Electronic Appearances:

  • Proceeding types: In-person, hybrid, and virtual.

  • General rule: Physical presence is required in the courtroom for all parties and counsel unless the court orders an electronic appearance.

  • Public access: Virtual proceedings must be viewable in a courtroom or public area for the public if requested at least $1$ business day prior to the appearance.

PART 202 – UNIFORM RULES FOR THE SUPREME AND COUNTY COURT

• § 202.2 Court Term and Parts:

  • Term: $4$-week sessions, $13$ terms per year.

  • Part: A unit of the court conducted by a judge or quasi-judicial officer (referee or JHO).

• § 202.3 Individual Assignment System (IAS):

  • Civil actions are assigned to judges upon the filing of a Request for Judicial Intervention (RJI).

  • Assignments are random; the assigned judge is responsible for all subsequent proceedings.

  • Chief Administrator Authorities: Can limit caseloads, transfer cases, reassign urgent cases, and establish special categories (e.g., matrimonial, medical malpractice, tax assessment, condemnation).

  • Dual Track System: The IAS judge supervises until the note of issue and certificate of readiness are filed/PC is held, then the case may go to a trial judge.

• § 202.5 Papers Filed in Court:

  • Formatting: One-sided, $8.5 \times 11$-inch paper, double-spaced, Font size $12$ (footnotes no smaller than $10$), $1$-inch margins.

  • Index Number: Initiating party must pay a fee and obtain an index number, which must be communicated in writing to all parties. All documents must display index number, venue, paper nature, judge's name, and proof of service.

  • Confidential Personal Information (CPI): Parties must redact: Taxpayer IDs/SSNs (except last $4$ digits), Birth dates (except year), Minor names (except initials), and Financial account numbers (except last $4$ digits).

  • Bookmarks: Required for electronic memos/affidavits exceeding $4,500$ words.

  • Refusal of Filing: The clerk shall refuse papers lacking an index number, with incomplete captions (e.g., "et al"), wrong court filings, improper signatures, or e-filing non-compliance.

• § 202.5-a & 202.5-b E-Filing (NYSCEF):

  • Faxing requires advance judge approval. Counsel may be asked to provide memos via email or flash drive.

  • E-filing confirmation: Recipient must provide confirmation of service within $24$ hours.

  • Technical Failure: Site failure occurs if inaccessible for over $1$ hour after $12:00$ noon. In such cases, hard copy filing is permitted.

  • Exemptions from E-filing: Emergency exception (statute of limitations expiring day of or next business day), unrepresented litigants, or attorneys certifying lack of hardware/knowledge in good faith.

• § 202.5-c Electronic Document Delivery System (EDDS):

  • Used for transmission in counties without mandatory e-filing. Documents are not "filed" until reviewed and confirmed by the clerk.

• § 202.6 Request for Judicial Intervention (RJI):

  • Mandatory for: Order to Show Cause (OSC), Notice of Petition, Notice of Motion, Medical Malpractice Notice, Note of Issue (NOI), Request for PC, Ex-parte applications, and Statement of Net Worth.

  • RJI Fee Exemptions: Change of name/sex, Habeas Corpus (institutionalized), CPLR $3102(e)$ (out-of-state disclosure), Mental Hygiene Law Articles $9/10$, bankruptcy judgment vacatur, emergency surgery orders, and extreme risk protection orders.

• § 202.8 Motion Procedure:

  • Motions are presented to the assigned judge. If no judge is assigned, the RJI must be filed within $5$ days of service.

  • Adjournments: Stipulated adjournments must be in writing. More than $3$ adjournments totaling $60$ days requires court permission.

  • Preliminary Conference (PC): Directed within $45$ days of the motion return date if the motion relates to disclosure or bill of particulars and a PC hasn't been held.

• § 202.8-b Length of Papers:

  • Word Limits (excluding caption, TOC, TOA, signature block): Affidavits/Briefs = $7,000$ words; Reply papers = $4,200$ words.

  • Certification: Counsel must include a page certifying the word count.

• § 202.8-e Temporary Restraining Orders (TRO):

  • TROs should not be issued ex-parte unless significant prejudice is demonstrated or good faith effort to notify failed. Application must include an affirmation proving notice attempt.

• § 202.8-f Oral Argument:

  • Parties may request oral argument by letter. Notice should be given $14$ days prior to the date if practicable.

• § 202.9-a Special Proceedings (UCC):

  • Venue: Albany County, petitioner’s residence, or Judicial District where property is located. No fee collected for Article $80$.

• § 202.12 Preliminary Conferences:

  • Timeline for disclosure completion: Standard case = $12$ months; Complex case = $15$ months.

• § 202.12-a Residential Mortgage Foreclosure:

  • Scheduling: Settlement conference must be held within $60$ days of RJI filing.

  • Discontinuance: Plaintiff must file notice/stipulation within $90$ days of execution of settlement.

• § 202.16 Matrimonial Actions:

  • Retainer and Net Worth: Must be filed with the court. New retainer filed within $10$ days of execution if counsel changes.

  • PC: Scheduled within $45$ days of assignment. Document exchange (tax returns, stubs) occurs $10$ days before PC.

  • NOI: Filed within $6$ months of PC.

  • Expert Disclosure: Responses to demands due in $20$ days; reports exchanged $60$ days before trial.

  • Page Limits: Supporting papers = $20$ pages; Replies = $10$ pages; Exhibits max thickness $3$ inches.

• § 202.19 Differentiated Case Management (DCM):

  • PC within $45$ days of RJI. Discovery schedules: Expedited ($8$ months), Standard ($12$ months), Complex ($15$ months).

  • Compliance conference: $60$ days before discovery completion.

  • Pretrial conference: Within $180$ days of NOI; trial set within $8$ weeks of conference.

• § 202.21 Note of Issue (NOI) and Certificate of Readiness:

  • Filing: $2$ copies, proof of service, and fee filed within $10$ days of service. Waiver of jury demand occurs if not included.

  • Vacating: Motion to vacate NOI must be made within $20$ days of service.

• § 202.22 Calendars:

  • Calendar types: Preliminary Conference, Motion, General, Pretrial Conference, Reserve, Ready, Military, and Continuous.

  • Ready summons: Counsel may agree to appear on $1$-hour notice if trial is not immediately available.

• § 202.27 & 202.27-a Consumer Credit Transactions:

  • Definitions: Revolving/open-end credit primarily for personal/family/household use. Excludes medical, student, and auto loans. Includes credit cards.

  • Procedural Default: Stamped unsealed envelope and English/Spanish notice required at proof of service filing. Default allowed only after $20$ days from mailing.

• § 202.33 Jury Selection:

  • Standard: $8$ jurors ($6$ regular + $2$ alternates).

  • Peremptory Challenges: $3$ for regular jurors, plus $1$ for every two alternates.

  • Selection Methods: White’s method (sequential rounds), Struck method (large pool evaluated at once), Strike and Replace, or Experimental.

• § 202.42 Bifurcated Trials:

  • Personal Injury: Issues of liability and damages are tried separately. Liability is tried first.

• § 202.48 Proposed Orders/Judgments:

  • Submission: Within $60$ days of decision signing. Service for settlement: Personal ($5$ days), Mail ($10$ days). Counter-orders: Personal ($2$ days), Mail ($7$ days).

• § 202.56 Malpractice Notice:

  • Notice must be filed within $60$ days after issue is joined. NOI filed within $18$ months of malpractice notice.

• § 202.70 Commercial Division Rules:

  • Monetary Thresholds: NY County ($500,000$), Nassau ($200,000$), Kings ($150,000$), Suffolk/Queens/Westchester/8th District ($100,000$), Bronx ($75,000$), Albany/Onondaga/7th District ($50,000$).

  • Preliminary Conference: Within $45$ days of assignment. Interrogatories limited to $25$ subparts. Depositions limited to $10$ per side, max $7$ hours each.

  • MSC: Mandatory Settlement Conference required after NOI.

PART 205 – UNIFORM RULES FOR THE FAMILY COURT

• § 205.3 IAS in Family Court:

  • "Judge" includes support magistrates. Case assigned to a judge upon filing of first document via random selection.

  • Multi-matter rule: Multiple matters for one family/child assigned to the same judge when practicable.

• § 205.4 & 205.5 Access and Privacy:

  • Public Access: Proceedings are open but judge can exclude for disruption, privacy of children, or administrative order.

  • Privacy: Access to records is limited to parties, parents, guardians, Child Protective Agencies, probation, and State Commission on Judicial Conduct.

• § 205.7 Docket Number Prefixes:

  • A: Adoption; D: Delinquency; F: Support; G: Guardianship; N: Neglect; O: Family Offenses; P: Paternity; S: PINS; V: Custody; Z: Miscellaneous.

• § 205.14 & 205.15 Timeline and Orders:

  • Custody/Visitation hearing conclusion: Within $90$ days.

  • Proposed Order Submission: Within $30$ days of decision generally.

  • Specifics: Article $10$/$10-A$ (Immediate or $14$ days); $1022$ removals (Immediate/next court date); Article $6$/$SSL\,384b$ ($14$ days).

• § 205.17 Permanency Hearings:

  • Initial hearing: Within $8$ months of child's removal.

  • Frequency: Subsequent hearings every $6$ months.

  • Freed for adoption/Reunification not required: Hearing scheduled within $30$ days.

• § 205.24 & 205.25 Adjournments and Releases:

  • ACOD (Art 3): Terms include school attendance, curfews, avoiding harmful substances, and restitution (max $1,500$). No set time frame like Criminal Court.

• § 205.26 & 205.36 Absconding and Support:

  • Absconding Child Notice: Representative must notify clerk within $48$ hours; case placed on calendar for next court day.

  • Support Magistrate: Must submit quarterly reports to Chief Administrator on cases undecided for $30$ days.

• § 205.42 Support Adjustment:

  • Filings: Within $10$ days of mailing to parties.

  • Objections: Must be filed within $35$ days of mailing.

• § 205.43 Willful Nonpayment Hearings:

  • Scheduling: First appearance within $60$ days of filing. Hearing starts within $60$ days of summons; concludes within $90$ days.

  • Adjournments for counsel: Max $14$ days.

  • Written Findings: Support magistrate must provide findings within $14$ court days.

• § 205.48 & 205.52 Surrenders and Adoption:

  • Judicial Surrender: Parent voluntarily gives up legal rights in court.

  • Putative Father Registry: Response must be current within $60$ days prior to filing.

  • Temporary Guardianship: Petition for adoption must be filed within $45$ days of consent; guardianship expires at $9$ months.

• § 205.62 PINS (Person in Need of Supervision):

  • Referral: Must go to lead diversion agency first. Clerks cannot accept petitions without notification from the diversion agency.

PART 208 – UNIFORM RULES FOR THE NYC CIVIL COURT

• § 208.2 Divisions: Bronx, Kings, New York, Queens, Richmond.

• § 208.3 Part Structure: Calendar Part, Trial Part, Motion Part, Conference Part, Multipurpose Part.

• § 208.6 Summons Service Responses:

  • Personally served within NYC: Defendant must appear/answer within $20$ days.

  • Served outside NYC or by publication/other means: Within $30$ days after proof of service filing.

• § 208.9 Preliminary Conference (PC):

  • Request: Within $45$ days after joinder of issue.

• § 208.13 Medical Exchange (Personal Injury):

  • Physical exam notice specifies time/place between $30$ to $60$ days after notice.

  • Objections to notice: Within $10$ days. Medical records provided $20$ days before exam. Medical reports served $45$ days after exam.

• § 208.14 Calendar Restoration: Action stricken from calendar can be restored within $1$ year by stipulation or motion.

• § 208.17 Notice of Trial: Party must indicate if damages exceed $6,000$ or $2,000$.

• § 208.18 - 208.23 Calendars and Preference:

  • Special Preference: Opposing papers filed within $20$ days of notice of trial. Rebuttal due in $5$ days.

  • Reserve Calendar Call: Notice published at least $5$ court days prior.

• § 208.29 Traverse Hearing: A hearing to determine if service of process was validly and timely performed.

• § 208.33 & 208.35 Orders and Bifurcation:

  • Order submission: Within $60$ days. Bifurcation: Liability first, then damages.

• § 208.41 Small Claims & Commercial Claims:

  • Notice: Sent within $5$ days of recording. Default: Commercial claim presumed received notice after $21$ days ($30$ days for consumer transactions).

  • Dismissal: If notice is not served within $4$ months, the action is dismissed without prejudice.

• § 208.43 Housing Part (RPAPL 7):

  • Fees: $20$ for violation correction or removal petitions.

  • Response: $10$ days (personal delivery); $20$ days (mail/other).

  • Affidavit of Service Filing: $5$ days (personal); $10$ days (posted/mailed).

  • Immediately Hazardous Violations: OSC returnable within $5$ days; decision rendered within $15$ days.