Appendix B Supreme Court Civil Rules
Sep 30 2022

Article 29. Identification of the declaration. Counsel for the parties consults before the trial and tries in good faith to agree on which parts of the testimony should be presented as evidence without objection. The parties shall remove from the testimony questions and answers that are not relevant to the time the testimony is given. Each Party shall draw up a list of the statements to be made by it with regard to objections which have not been raised and, marked separately, a list of the testimonies in respect of which objections have been raised. At least ten days before the trial or at such other time as the court may determine, each party shall submit its list to the court and other defence counsel, together with a copy of the parts of the testimony in which an objection was raised. The court will decide on the objections as soon as possible after consultation with the lawyer. (2) At the pre-conference, the Court of First Instance shall determine the way forward for which the case is to be awarded in accordance with the following points: Rule 11-f. Entity repositories; Identification of materials. (a) In a notice or subpoena, a corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, subdivision, agency or instrument of state or government, or other legal or business entity may be designated as a representative. (b) Notices and subpoenas addressed to an agency may list the facts on the basis of which the person is to be questioned and, if enumerated, the facts must be described with reasonable accuracy. (c) If the notice or subpoena addressed to an entity does not specify a particular officer, director, member or employee of the company, but decides to submit for consideration the matters provided for in section (b) of this rule, no later than ten days before the declaration provided for: (1) The notified body shall designate one or more officers; directors, members, employees or other persons who agree to testify on their behalf; 2. That designation shall include the identity, description or title of that person or persons; and (3) if the designated entity designates more than one person, it must set out the issues on which each person will testify.

(d) If the notice or subpoena to an entity identifies a specific officer, director, member or employee of the Corporation, but elects to set out the elements set out in section (b) of this Rule for the audit, then: (1) Pursuant to paragraph 3106(d) of the ULCR, the designated entity shall provide the designated person, unless: he has at least ten days before the planned declaration, he informs the requesting party that another person would be presented instead, and the identity, description or title of that person is indicated. If done in a timely manner, another person must be introduced instead; (2) Pursuant to paragraph 3106(d) of the LRPA, a notice or subpoena designating an officer, director, member or employee of the Corporation shall include the identity, description or title of that person in the notice or subpoena served on that corporation; and (3) if the designated entity meets more than one person in accordance with paragraph (d)(1) of these Regulations, it shall set out the matters on which each person will testify. (e) A subpoena shall inform a non-party entity of its obligation to make the designations described in this rule. (f) The designated person(s) must testify about information known or reasonably available to the Company. (g) The statement of testimony made under this rule may be used against the company on whose behalf the testimony is given to the same extent as that provided for in paragraph 2 of the CPLR and the applicable rules of evidence. (h) This rule does not preclude dismissal by any other procedure authorized by the CPLR. (b) Where a party requests documents from a counterparty as a condition precedent for that party`s testimony and the documents are not produced by the specified date, the party requesting disclosure may request the court to prevent the non-producing party from presenting the requested documents at trial. (a) Judicial documents may be transmitted to the courts of the single judicial system by means of the Electronic Document Delivery System (EDDS) only to the extent and in the manner provided for in this section. For the purposes of this Section, the term “Clerk” means the District Clerk, if it is the Supreme Court or a District Court, and the Chief Executive of the Court, which is another court. (ii) consent to electronic filing; as received.

Notwithstanding the foregoing, no party may be directly or indirectly compelled to participate in electronic submission under this Article. Consent to electronic filing in a lawsuit indicates that the party providing it consents to the use of electronic filing in the lawsuit and is bound by the registration and service terms in this section. A party that has brought an action electronically sends to the other parties, together with the introductory documents, a notice of electronic filing in a form approved by the lead administrator. This notification shall contain sufficient plain language information on electronic filing. With the exception of an unrepresented claim by a litigant, a party to whom such notice is served must immediately register or file with the court its consent electronically in the manner provided at the nyCEF location and serve with a refusal of consent on all registered parties. An unrepresented party to the proceedings is exempt from having to file and serve documents electronically in accordance with this Section and is not required to respond to the notice described in this document; except that he may consent to participate in electronic submissions, provided that the Registrar has previously explained his options for electronic filing in plain language, including the expedited processing option, and has asked whether he wishes to participate. If an unrepresented party to the proceedings chooses to submit its consent in accordance with this Agreement, it will be documented in the case file in a manner prescribed by the Lead Administrator. However, provided that an unrepresented party to the proceedings who chooses to participate in electronic filing in accordance with these Rules may at any time refrain from such participation by submitting an appropriate form to the Registrar of the Court. The submission of consent to the electronic filing of this Agreement does not constitute an appearance in the prosecution under CPLR 320. (v) With the exception of net worth affidavits (pursuant to 22 NYCRR § 202.16(b)), prior agreements (pursuant to Rule 1400.3 of the Appeals Division Common Rules), worksheets and/or worksheets for child support, or settlements of consultation fees or confirmations or affidavits related to consulting fees (pursuant to the Domestic Relations Act § 237 and 22 NYCRR § 202.16 (k)), Any person who contains attachments to them all attachments to an application, incidental application, reasoning order, opposition or response may not be more than three (3) inches thick without the prior authorization of the court. All exhibits must include exposure tabs.

(d) pre-litigation procedures. Where a party is prevented from filing a certificate of issue and a certificate of preparation because a preliminary trial has not been concluded for reasons beyond its control, the court may, on application accompanied by an affidavit, authorize the party to file a notice of issue under such conditions as it considers appropriate. If, as a result of the submission of a notice of issue and a certificate of preparation, unusual or unforeseen circumstances arise that require additional pre-litigation in order to avoid significant harm, the court may, on application accompanied by an affidavit, grant authorization to perform the necessary procedures. (a) The court may, with the consent of the parties or upon request, order oral statements electronically remotely for cause, subject to the limitations of this rule. (3) Nothing in this Agreement shall prevent a judge or judge of the court or judicial district in which the court has its seat from establishing adversarial or complementary local rules. c) When can EDDS be used? EDDS may be used for the transmission of documents to these courts and in such groups of cases, as well as for these purposes, including filing with a court, which may be approved by order of the Lead Administrator. Notwithstanding any other provision of this Agreement, the Chief Court Administrator may authorize the establishment of a program for the appointment of lawyers as special masters in certain courts to preside over conferences and to hear and report on applications to the Court. Special masters serve without compensation.

Finally, the work of the commercial department has flourished thanks to the strong spirit of cooperation of the previously practising bar. The factual competence of the court, the pace of business practice with high commitment, the sophistication of the judiciary and the specialized rules of the ministry require that the practice bar be strictly adhered to a standard of commitment and professionalism of the highest caliber. For example, failure to appear (or appear without proper preparation) on scheduled court dates, testimony, or hearings at the Commerce Division is generally considered highly inappropriate and can easily result in the imposition of sanctions and penalties as permitted by law and court order (see, for example, CPLR 3126; see also 22 NYCRR Part 130).