Judicial consent movie part 1
Where, on the other hand, the application being submitted is a discrete and self-contained one that will not require continuing involvement by an IAS Justice, the RJI shall be filed without fee and the matter shall not be assigned to a Justice, but rather shall generally be referred to an Ex Parte Justice. Examples of documents that will initiate continuing judicial involvement are notices of motion or petition, proposed orders to show cause, notes of issue, notices of medical, dental and podiatric malpractice action, statements of net worth, and requests for a preliminary conference. If the nature of the application is such that ongoing supervision of the case by a Justice is necessary, the RJI will require the payment of the fee and the application and the case will be assigned at random to a Justice via the court’s computer system. Since 2011, an RJI is generally required when an application for judicial relief is filed, whether the application be on notice or ex parte. If an application would be referred to an Ex Parte Justice, no RJI was required. Prior to 2011, an RJI generally had to be filed whenever an IAS assignment of a case to a Justice was to be made. In sum, an RJI must be filed with regard to most applications in many instances, an RJI fee ($ 95) is required and in others the filing is to be without fee. These were reflected in a new form of RJI, the most current of which is from 2012. In 2011 the Unified Court System changed the procedures regarding the obligation to file an RJI. The addenda that have been promulgated consist of a general addendum, which is used to identify additional parties or related cases a matrimonial addendum, which is used when there are children under the age of 18 who are subject to the matrimonial action a foreclosure addendum, which is used in mortgage foreclosure actions where the property is a one-to-four family owner-occupied residential property or an owner-occupied condominium and a Commercial Division Addendum, which is used when the filer seeks an assignment of a case to the Commercial Division.Ģ) For-Fee and No-Fee RJIs and Assignments to IAS Justices or Referral to Ex Parte Justices These are also accessible at the link above. Various addenda to the RJI were issued in 2011. Where the RJI seeks judicial assignment, this designation will bring about a random assignment of the case by computer to a Justice handling cases of that type. The filer of an RJI must check off a box identifying the type of case at issue. See below for information about RJI’s in Commercial Division cases.
#Judicial consent movie part 1 trial
Rule 202.6 of the Uniform Rules for the Trial Courts. The filer of an RJI seeking judicial assignment of an action or proceeding may seek an assignment only, without an accompanying application (e.g., so that a Justice might be available for rulings if difficulties were to arise during an impending deposition), or may seek judicial action, principally with regard to a request for a preliminary conference a motion on notice or petition and notice of petition an order to show cause or a note of issue (cost $ 30, $ 125 with RJI). In e-filed cases, the RJI and any Addendum shall be filed with NYSCEF and the fee paid upon such filing. In hard-copy cases, an RJI, and Addendum if required, shall be filed in duplicate, with proof of service (except where the application is ex parte), and a copy of the receipt of purchase of the index number (Uniform Rule 202.6 (c)). There is a separate form of RJI for uncontested matrimonial matters (UD-13), accessible at the foregoing link. The form must be filed in duplicate in hard-copy cases. A "fillable" form RJI is available on-line. The fee for filing an RJI (UCS 840, revised 2012) is paid to the County Clerk via the New York State Courts Electronic Filing System (“NYSCEF”) in e-filed cases and to the County Clerk's cashier's office, Room 160, in paper cases. Certain applications do not require that a fee be paid, though an RJI form must be filed, and these applications will be assigned to an Ex Parte Justice, not to an Individual Assignment Justice for all purposes. A case is assigned to a Justice by means of the Request for Judicial Intervention (fee $ 95).