N.Y. Comp. Codes R. & Regs. tit. 22 § 202.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 202.1 - Application of Part; waiver; additional rules; application of CPLR; definitions

(a) Application. This Part shall be applicable to civil actions and proceedings in the Supreme Court and the County Court.

(b) Waiver. For good cause shown, and in the interests of justice, the court in an action or proceeding may waive compliance with any of the rules in this Part, other than sections 202.2 and 202.3, unless prohibited from doing so by statute or by a rule of the Chief Judge.

(c) Additional rules. Local court rules, not inconsistent with law or with these rules, shall comply with Part 9 of the Rules of the Chief Judge (22 NYCRR Part 9).

(d) Application of CPLR. The provisions of this Part shall be construed consistent with the Civil Practice Law and Rules (CPLR), and matters not covered by these provisions shall be governed by the CPLR.

(e) Definitions.

(1) Chief Administrator of the Courts in this Part also includes a designee of the Chief Administrator.

(2) The term clerk shall mean the chief clerk or other appropriate clerk of the trial court unless the context otherwise requires.

(3) Unless otherwise defined in this Part, or the context otherwise requires, all terms used in this Part shall have the same meaning as they have in the CPLR.

(f) Counsel who appear before the court must be familiar with the case with regard to which they appear and be fully prepared and authorized to discuss and resolve the issues which are scheduled to be the subject of the appearance. Failure to comply with this rule may be treated as a default for purposes of Rule 202.27 and/or may be treated as a failure to appear for purposes of Rule 130.2.1.

(g) It is important that counsel be on time for all scheduled appearances.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.1

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/1/2021