12th Judicial District - Bronx County

Civil - Filing Rules

Filing Of Papers In Supreme Court

All motion papers must be approved by the Motion Support Office, Supreme Court, Civil Term, room 217, before the motion papers are filed and the appropriate fee paid to the County Clerk. Generally, the filing of papers is governed by the Civil Practice Law and Rules (CPLR), and the Uniform Rules for New York State Trial Courts, 22 NYCRR section 202. Any papers filed in court shall comply with: CPLR 105(t), 2101, 8019(b) and (e); and 22 NYCRR sections 202.5, and 130-1.1A.

Request For Judicial Intervention

Generally, the Request For Judicial Intervention, commonly referred to as an “RJI”, is required to be filed in any action where the assignment of a Justice is required. The RJI sets forth the information which is entered into the court system’s database. It must be completely and accurately filled out. The full caption, as stated on the Summons, must be set forth. Use of terms “et al.” and “etc.” are not permitted. Only one RJI (revised 1/31/2000) may be filed in each action. Either a self represented litigant or an attorney must sign the affirmation at the end of the form. Once completed, the RJI must be filed in duplicate. Except in the case of an ex-parte application, the RJI must also be served together with the accompanying application upon all parties.

Proof of accuracy of the index number must accompany the RJI. See 22 NYCRR section 202.6.

Check the Fee Schedule on the menu for any applicable filing fees.

Notice Of Motion

A Notice of Motion must be served at least eight days, by personal service, nine days by overnight express and thirteen days by mail before the return date (CPLR 2214). Service by mail must be within the state (CPLR 2103 (f)-1). All unassigned motions must be accompanied with a properly filled out RJI and shall be filed in the Motion Support Office, room 217, within five days of service. All motions on actions already assigned to a Justice must be filed at least five business days before the return date.

Requests For Preliminary Conference

A party may request a preliminary conference at any time after service of process. The request shall state the title of the action, index number, names, addresses and telephone numbers of all attorneys appearing in the action, and the nature of the action. If the action has not been assigned to a judge, the party shall file a request for judicial intervention (RJI) together with the request for preliminary conference. The request shall be served on all other parties and be filed with the clerk for transmittal to the assigned judge [22 NYCRR] 202.12a. Medical, dental and podiatric malpractice actions: These actions must file a Notice of Malpractice for a preliminary conference to be scheduled [22 NYCRR] 202.56. A Notice of Malpractice must be filed within sixty days after joinder of issue by all defendants named in the complaint or after the time for the a defaulting party to appear, answer or move with respect to the pleading has expired. The form and content must be as contained in [22 NYCRR] 202.56. Such notice shall be filed after the expiration of sixty days only by leave of the court on motion and for good cause shown.

Discovery Part Conference Requests

In lieu of a formal motion, parties may make written application to schedule a Discovery Status or Compliance Conference. Such application shall be forwarded to
Bronx Supreme Civil
851 Grand Concourse
Bronx, New York 10451
Room 217 DCM Department

Such application shall set forth

The case caption and index number
E Mail address for notification
Must specify all discovery issues and any other relief being requested
The request must state the courts intervention is necessary to resolve these issues.
Identify all prior orders addressing discovery issues.
The request must be CC d to all appearing parties.

These applications will be processed by the DCM department.

Notes of Issue

To put an action on the trial calendar, you must file an original and one copy of the Note of Issue, Certificate of Readiness and Affidavit of service. [22 NYCRR] 202.21b. The note of issue must be filed in the clerk's office within ten days of service. A note of issue can only have one index number and one caption and the caption must be complete (no et. al. or etc. etc.). If one or more actions have been consolidated you should supply the clerk with the order of consolidation showing the consolidated index number and caption. If one or more actions have been joined for trial each action must file a separate note of issue.

Special Proceedings

Special proceedings in Supreme Court, Bronx County must be commenced by filing a petition with the County Clerk, Room 118, 851 Grand Concourse. Upon the filing of the petition and payment of appropriate fees, an index number will be assigned. To calendar a Notice of Petition, first serve all papers, using the index number that was assigned, and then bring the Notice of Petition, Petition, Request for Judicial Intervention, printout from the County Clerk and proof of service to Room 217 for approval. If moving by Order to Show Cause, all papers can be brought to Room 217 immediately after filing the petition.

Settled Orders

Orders To Show Cause

Motion Procedure

All assigned and unassigned motions will be returnable five (5) days a week in the Civil Branch Clerk's Office, Room 217, at 9: 30 A. M. Unassigned motions must be in the Clerk's Office within five (5) days of the date of service of the motion. Assigned motions must be filed in the Clerk's Office not less than five (5) business days prior to the return date of the motion. In accordance with the new civil fee schedule set forth in Article 80 of the C.P.L.R., effective July 14, 2003, all motions, and cross motions must be approved in Room 217 prior to payment of said fees in the County Clerk's Office, Room 118. All answering papers must be submitted to the Clerk 's Office on the return date of the motion. Answering papers will not be accepted prior to the return date. Cross motions may be presented for approval on or before the return date, provided that there is a motion already calendared.

All papers served must strictly comply with the time requirements of C.P.L.R. Sections 2101, 2103 and 2214(b).On the return date of the motion all non-City and non-Matrimonial disclosure motions, assigned and unassigned, will be scheduled for appearance in the Preliminary and Compliance Conference Part, IA-11, Room 707. The appearance date shall be no earlier than two weeks from the initial return date of the motion. Non-disclosure motions for IA5, IA7 and IA22 will be adjourned for oral argument to the Monday of the second week following the week of the return date of the motion. All other non-disclosure motions will be deemed submitted on the return date and forwarded to Chambers unless a stipulation of adjournment complying with the requirements of Rule 202.8(e) is submitted, in which event, the motion will be adjourned for the requested date and kept in the Clerk's Office. If a non-stipulated request for adjournment or notice is submitted, the motion and request will be forwarded to Chambers for judicial approval or denial of the request. In either event, the attorney requesting the adjournment will be notified, via telephone, of the granting or denial of the request and instructed to notify his adversary.

If on any submitted non-disclosure motion oral argument is requested and granted, or directed by the Court, the motion shall be adjourned for oral argument before the I.A. Judge on the second Monday following the week of the return date of the motion. Attorneys will be notified via telephone of the adjourned date.

Calendars of disclosure motions and other motions adjourned for oral argument will be published for the four (4) business days preceding the rescheduled appearance date and on the rescheduled date of the motion. These repetitive publications will serve as the notification of procedure of adjournment of all motions. In addition, two (2) days before the return date of unassigned motions a list of such motions indicating the assigned Justice and the adjourned date of the motion will be published.

All orders to show cause, with the exception of orders to show cause that are returnable in the City Part, the STP Part, the Matrimonial Part and the Preliminary/Compliance Conference Part (IA-11), submitted on or after August 25, 2003, will be returnable on a Monday in the assigned Justice's part and appear on his or her motion calendar. Appearances will be required on orders to show cause.

Counsel/parties must advise the Court in writing on or before the return date of all motions that have been resolved by Counsel/parties themselves and all motions the movant(s) wish to be with-
drawn.

See individual Justice's notes for further instructions.

In lieu of contacting the Clerk's Office, counsel and Pro Se litigants may check the Law Journal or see Case Information on the website for motion decisions.

Preliminary Conferences

Pursuant to revised sections 202.8 and 202.12 of the Chief Administratoŕs Uniform Civil Rules for the Supreme and County Courts regarding first disclosure motions or preliminary conferences, appearances will not be required if before the rescheduled date of the motion or the scheduled date of the preliminary conference a "Preliminary Conference Order" in the prescribed form is filed with the Civil Branch Clerk's Office, Room 217. Forms are available in the Clerk's Office and in the DCM Part, Room 707 and most importantly on the Web. Completed forms will be submitted to the court for approval and then filed in the County Clerk's Office. Attorneys and pro se litigants are required to check the final "Preliminary Conference Order" for the date of the compliance conference, if any, and for any additional directives ordered by the Court.

Non-Jury Trial Initiative Part Rules

Limitations on Recovery
Any recovery by the plaintiff(s) is limited to the insurance coverage of the defendant(s). Defendant(s) shall provide coverage information in a separate writing prior to the execution of this agreement. The parties may stipulate to a recovery in an amount less than the insurance coverage, and may also stipulate to a recovery in an amount not less than and not greater than stated parameters, provided that such stipulation is in writing and the greater amount stipulated does not exceed the available insurance coverage. The amount(s) of insurance coverage or stipulated recovery parameters shall not be disclosed by any party to the Judge presiding at the trial of this matter.
No Right to Appeal
The parties agree to waive costs and disbursements and further agree to waive the right to appeal from the determination of this matter by the presiding Judge. Written Findings of Fact and Conclusions of Law shall not be required. Following the determination, the parties shall not enter judgment but shall instead exchange General Releases and Stipulations of Discontinuance.
Evidentiary Matters
a. The NJTIP shall use the following rules of evidence, derived from the American Arbitration Association Rules for Accident Claims as amended and effective on January 1, 1994:

The parties may offer such evidence as is relevant and material to the dispute. Conformity to legal rules of evidence shall not be necessary, subject to the provisions relating to documentary evidence set forth below. Examination before Trial testimony of a party may be offered by any opposing party, however a party shall not be permitted to offer his/her own Examination before Trial testimony except as provided by the CPLR. In automobile accident cases, a party may offer the Police Report as well as the MV-104 of any party.

The parties may offer medical records, including but not limited to hospital records, treatment records, diagnostic test results and narrative reports in lieu of medical testimony.

Past and future lost income may be proved by the submission of documentary evidence from the plaintiffs' employer, including but not limited to pay stubs, tax returns, W-2 and/or 1099 forms, provided that such amounts may be calculated with a reasonable degree of mathematical certainty based solely upon present income and life expectancy. Any claim of future lost earnings premised upon inflation, lost opportunity, promotion, career advancement, or similar theory shall only be proved by expert testimony or the report of an expert previously exchanged pursuant to these rules.

In the event a party wishes to offer the testimony of a non-party eyewitness, such testimony can only be offered by the non-party Examination before Trial testimony of such witness taken pursuant to the notice requirements of the CPLR or by producing that witness at trial.

The Judge shall, where required, issue "So Ordered" subpoenas to secure the attendance of witnesses or the production of documents as may be requested by any party. Any party intending to offer documentary evidence upon trial, including but not limited to accident reports, medical records and lost income records, shall serve copies of such documentary evidence upon all parties not less than 20 days before trial, except that it shall not be necessary to serve any previously exchanged Examination before Trial Transcripts. Failure to serve such documentary evidence as required shall result in preclusion of that evidence at the time of trial.

None of the foregoing shall be construed to prevent a party from calling witnesses upon trial; however, in the event a party intends to call an expert witness that party must provide written notice to all parties of such witness, along with a copy of that expert's narrative report(s) not less than 20 days before trial. Failure to comply with this provision shall result in the preclusion of such expert witness at the time of trial.
Procedural Matters
a. The parties agree that all discovery is complete or waived, and the matter is ready for determination.
b. The signatories to the Transfer Agreement represent that they have the authority of their respective clients and/or insurance carriers to enter into the agreement and such agreement shall be irrevocably binding upon their respective principals.
c. The signatories may stipulate to apportion liability between the parties, provided such stipulation is in writing or made on the record at the time of trial. If in writing, such stipulated apportionment of liability shall be made known to the presiding Judge at the time of trial.
d. Pre-trial evidentiary issues normally determined by the trial Judge, such as motions in limine and redaction of documentary evidence, shall be determined in conformance with the applicable rules of evidence by a designated Judge upon the application of any party prior to or at the time of trial.
e. The trial of any matter transferred to this part shall be scheduled not less than 45 days after the execution of the Transfer Agreement.
f. Matters involving claims by or on behalf of infants shall not be submitted to the NJTIP.

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX

Plaintiff(s)
Index No.
against TRANSFER AGREEMENT

Defendant(s)

IT IS HEREBY STIPULATED AND AGREED that the parties to this action, by their respective attorneys, voluntarily agree to the transfer of this matter for final disposition to the Non Jury Trial Initiative Part ("NJTIP") subject to the provisions set forth below and the Rules of the NJTIP. The signatories to this Agreement represent that they have the authority of their respective clients and/or insurance carriers to enter into this agreement. Once fully signed, this agreement cannot be revoked or otherwise withdrawn by any party.

IT IS FURTHER STIPULATED AND AGREED AS FOLLOWS:

That all discovery in the above captioned matter is complete or waived and there are no outstanding discovery issues.
That the parties are familiar with and agree to be bound by the Rules of the NJTIP.
That defendant(s) have certified insurance coverage to plaintiff(s) counsel.
All determinations of the Court shall be final and binding on all parties.

Dated:
Bronx, New York
Attorney for Plaintiff(s)
Attorney for Defendant(s)

SUMMARY JURY TRIAL PROGRAM (SJT) INFORMATION SHEET

General Features:
• An SJT is a binding one day jury trial with relaxed rules of evidence
• Medical evidence can be submitted without live medical testimony
• Hi-Low parameters can be stipulated to, i.e. $0/$25k, $50k/$25/k, etc
• No Appeal
• No directed verdicts
• No motions to set aside the verdict
• A date certain for trial
• Innovative methods of case presentation to the jury, direct submission to jury of medical records, reports, power point presentations, etc..
• Supreme Court Judge to preside at the trial
• CLE to be given by Bronx Bar Association
General Rules:
• Written stipulation by attorneys to participate
• Signed waiver of right to appeal and waiver of post trial motions
• Findings of Fact/Conclusions of Law not required
• Judgment not entered, instead releases and stipulations are exchanged
• Pre-marked exhibits, medical records, reports, photos, diagrams, etc. can be submitted directly to jury
• Any evidence, trial notebook, etc. to be submitted to jury must be exchanged 30 days in advance or it is precluded
• Evidentiary hearing held 10 days before trial to resolve objections, redactions and any other pre-trial issues
• Medical records need not be certified or affirmed
• Video live/pre-recorded testimony permitted
• Similar in various respects to the NJI program
General Procedure:
• Abbreviated jury selection
• 10 minute opening and closing for each side
• One hour for case presentation and cross examination by each side
• Modified jury charges
• Record can be waived if all sides agree

THE SUMMARY JURY TRIAL PROCESS:
BRONX RULES AND PROCEDURE

As Approved by the Board of Director of the Bronx Bar Association on 2/8/06

A. Nature of the Binding Summary Jury Trial: a summary jury trial is generally a on-day jury trial with relaxed rules of evidence similar to arbitration except that a jury decides factual issues and renders a verdict as a jury would in a traditional trial. The parties may agree on the mode and method of presentation. In the absence of agreement of counsel and approved by the trial court, the process and rules that follow shall apply.

1. Consent of Parties: The signatories to the Transfer Agreement represent that they have the authority of their respective clients and/or insurance carriers to enter into the agreement and such agreement shall be irrevocably binding upon their respective principals.

2. Stipulation: If the parties agree to a summary jury trial, a written stipulation shall be signed by the attorneys reciting any high/low parameters and the agreement waiving any rights to appeal. The high and low parameters of summary jury trial, if any, shall not be disclosed to the jury

3. No Right to Appeal: The parties agree to waive costs and disbursements and further agree to waive the right to appeal from the determination of this matter. Written Findings of Fact and Conclusions of Law shall not be required. Following the determination, the parties shall not enter judgment but shall instead exchange General Releases and Stipulations of Discontinuance.

4. Scheduling: Summary jury trials will be placed on the calendar for trial at the earliest possible date available in the Summary Jury Trial Part. Once said date is assigned it shall be considered a date certain.

5. Pre-Trial Submissions:
a) Any party intending to offer documentary evidence upon trial, including but not limited to accident reports, medical records and lost income records, shall serve copies of such documentary evidence upon all parties not less than 30 days before trial, except that it shall not be necessary to serve any previously exchanged Examination before Trial Transcripts.

b) No later than 10 days before trial the SJT Judge assigned to the case shall conduct an evidentiary hearing at which time objections to any documentary evidence previously submitted as provided for herein shall be determined and witness lists shall be exchanged. If there is no objection at said time, counsel shall so stipulate in writing. Failure to serve such documentary evidence as required shall result in preclusion of that evidence at the time of trial.

c) Reference to PJI sections shall be sufficient on requests to charge. Requests to Charge that deviate from the standard Pattern Jury Instructions should be submitted prior to trial.

6. Record: A summary jury trial will be recorded by a court reporter unless waived by all parties

7. Existing Offer and Demand: The parties may stipulate that the pre-trial offer and demand remain unaltered through the binding summary jury trial. Either party may elect to accept the last settlement proposal of the opponent at any time before the verdict is announced by the jury.

8. Jury Selection: By counsel with strict time limits of the Court and counsel. If the Court conducts the voir dire each side shall nonetheless have 10 minutes each to also voir dire the jury. Summary juries shall consist of no less than six jurors and one alternate unless the parties stipulate to fewer jurors. The Court shall allow each side two peremptory challenges.

9. Time Limits: Each side shall be entitled to a ten minute opening and closing and one hour for presentation of its case. The Court may allot more time to a party to insure full exploration of the issues provided counsel presents a compelling reason to support the request for additional time. Unless the Judge directs otherwise, the court clerk should keep track of the time and remind counsel of the status of allotted time at appropriate intervals.

10. Rules of Evidence:
a) The parties may offer such evidence as is relevant and material to the dispute. Conformity to legal rules of evidence shall not be necessary subject to the provisions relating to documentary evidence set forth below.

b) Examination before Trial testimony of a party may be offered by any opposing party, however a party shall not be permitted to offer his/her own Examination before Trial testimony except as provided by the CPLR. This section shall apply to video depositions as well.

c) Past and future lost income may be provided by the submission of documentary evidence from the plaintiff’s employer, including but not limited to pay stubs, tax returns, W-2 and/or 1099 forms, provided that such amounts may be calculated with a reasonable degree of mathematical certainty based solely upon present income and life expectancy. Any claim of future lost earnings premised upon inflation, lost opportunity, promotion, career advancement, or similar theory shall only be proved by expert testimony or the report of an expert previously exchanged pursuant to these rules.

d) In the event a party wishes to offer the testimony of a non-party eyewitness such testimony can only be offered by the non-party. Examination before Trial testimony of such witness taken pursuant to the notice requirements of the CPLR or by producing that witness at trial.

e) None of the foregoing shall be construed to prevent a party from calling witnesses upon trial; live video testimony shall be permitted, however, in the event a party intends to call an expert witness, medical or otherwise, that party must provide written notice to all parties of such witness, along with a copy of that medical expert’s narrative report(s), not less than 20 days before trial, in the event of a non-medical expert counsel shall comply with the standard provisions of the CPLR concerning non- medial experts. Failure to comply with this provision shall result in the preclusion of such expert witness at the time of trial.

f) The following shall also be admissible, Police Reports, the MV104 of any party; medical Records including but not limited to hospital records, ambulance records; medical records and/or reports from plaintiff’s medical providers, defendant doctor reports inclusive of No Fault medical exam reports; diagnostic test results including but not limited to X-rays, MRI, CT scan and EMG reports, or any other graphic, numerical, symbolic, or pictorial representation of medical or diagnostic procedure or test of plaintiff, any stipulated evidence shall also be admitted.

g) There shall be no requirement that any record referred to in paragraph “c” or “f” be certified, affirmed or sworn to.

h) Pre-trial evidentiary issues normally determined by the trial Judge, such as motions in limine and redaction of documentary evidence, shall be determined in conformance with the applicable rules of evidence by the SJT Trial Judge at the evidentiary hearing and in accordance with the rules as provided for in paragraphs 5 and 10 a) through 10 g) herein. Any objections to be raised at said hearing shall in writing and served on opposing counsel no less than 5 days in advance of said hearing.

I) The judge shall, where required, issue “So Ordered” subpoenas to secure the attendance of witnesses or the production of documents as may be requested by any party.

11. Case Presentation:
a) Counsel may present summaries of evidence, factual allegations, inferences from discovery. Counsel may use photographs, diagrams, power point presentations, overhead projectors, trial notebooks all of which can be submitted to the jury, or any other innovative method of presentation.

b) Anything which is to be submitted to the jury as part of the presentation of the case must be exchanged with opposing counsel within the conformity of the rules concerning the presentation of case and pre-trial submissions. Nonetheless counsel shall not refer to or introduce evidence which would not be admissible at trial other than as previously stated. Counsel are encouraged to stipulate to factual and evidentiary matters to the greatest extent possible.

c) No more than two witnesses for each side may be called for direct and cross- examination. On application of a party and good cause shown, the court may allow an increase in the number of witnesses. Plaintiff proceeds first. Plaintiff may be granted a ten (10) minute rebuttal following defendant’s presentation. Time spent by counsel on direct and cross examinations counts against their allotted time unless the court directs otherwise.

d) Counsel may stipulate evidence to be submitted

e) Jurors shall be allowed to take noted upon consent of all parties. Jurors will be permitted to propose questions to be asked of the attorneys. The questions must be presented in writing to the court for approval.

12. Jury Verdict: Upon by request by the jury, the Court shall give the jury a written copy of the jury charge for use during deliberations. Five out of six jurors must agree on the verdict. The verdict is to be binding as rendered or limited by a high/low stipulation. The jurors may bring into the jury room their notes, any trial notebooks, exhibits, presentations, etc. that may have been presented during the trial.

13. No Directed Verdicts: Parties agree to waive any motions for directed verdicts as well as any motions to set aside the verdict or any judgment rendered by said jury. The Court shall not set aside any verdict or any judgment entered thereon, nor shall it direct that judgment be entered in favor a party entitled to judgment as a matter of law, nor shall it order a new trial as to any issues where the verdict is alleged to be contrary to the weight of the evidence.

14. Inconsistent Verdicts: in the case of inconsistent verdicts, the trial judge shall question and charge the jury as appropriate to resolve any inconsistency in said verdict.

15. Infant Plaintiff: In a summary jury trial involving an infant, the Court must approve any high/low parameters prior to trial.