| February 28, 2013
Judgment Submission for NY County
NYSCEF Matters
The clerks office in NY County
Supreme has recently called upon us to send a reminder around as to the process
for submitting a proposed judgment in NYSCEF matters. As most of you know the
old way of retrieving the court file and waiting on line to submit a judgment is
behind us now for cases that are electronically filed. Most of us will agree
that waiting on a long line could be time consuming, but you have to admit some
of the excuses or made up stories you heard in order to get a judgment entered
were priceless. The clerks office is still surprised as to the number of firms
still showing up with paper judgments and not knowing the procedures are
available on the courts web site. We would like to provide a couple of sections
from those procedures along with providing the link to view the entire New York
County protocol for electronically filed cases. We recommend you review the
entire protocol since it was just updated earlier this month.
We would like to add one suggestion
that if you need to enter a judgment quickly you can always reach out to the
judgment clerk and explain the situation or submit the judgment on notice.
Please make sure you check Uniform Rule 202.48 as to how much time to provide
especially since that rule has not been updated since electronic filing has
arrived. 202.48 mentions personal service and mail with no mention of service by
electronic means. We offer no recommendation on this issue and leave this in the
expert hands of the CourtAlert community. Please see the section below that
mentions 202.48.
Section 202.48 Submission of
orders, judgments and decrees for signature.
(c)
(1) When settlement of an order or judgment is directed by the court, a copy of
the proposed order or judgment with notice of settlement, returnable at the
office of the clerk of the court in which the order or judgment was granted, or
before the judge if the court has so directed or if the clerk is unavailable,
shall be served on all parties either:
(i) by personal service not less than five days before the date of settlement;
or
(ii) by mail not less than 10 days before the date of settlement.
http://www.courts.state.ny.us/supctmanh/EF-Protocol-No20-21813.pdf
M. Judgments and the
Judgment Roll
1) Application to the
County Clerk for Entry of Judgment; Procedures: If the court in an
order directs entry of judgment by the County Clerk, the party seeking entry
shall submit to the County Clerk via NYSCEF a proposed judgment with bill of
costs, interest calculations and supporting information. The proposed judgment
(select the document type "Judgment - To County Clerk (Proposed)") and bill of
costs should be in one PDF and any other, related submissions should be
submitted as related documents but in separate PDFs so as to facilitate
communication in the event the Clerk should request modifications to any
document. It is further requested that a legal back be included with these
documents since the County Clerk uses space on the back to affix stamps upon
entry. The Judgment Clerk will promptly communicate with counsel by e-mail or
phone in the event of any difficulties with the submission. Once the judgment is
in final form, it will be submitted by the Judgment Clerk to the County Clerk
for signature.
2) Default Judgment; Entry
by Clerk: If the plaintiff in an e-filed case seeks entry of a default
judgment by the Clerk pursuant to CPLR 3215, the attorney shall transmit to the
NYSCEF system (select the document type "Clerk Default Judgment (Proposed)") a
proposed Clerk’s default judgment with supporting affirmations/affidavits,
together with a bill of costs, interest calculations, and supporting
information. A motion fee must be paid for entry of such a judgment. The Clerk
will communicate with counsel if any questions or issues arise. Once the
proposed judgment is found to be in proper form, the Judgment Clerk will cause
the County Clerk to sign it.
3) Judgments Signed by
Court: Where the court is to sign the judgment, counsel should e-file
the proposed judgment (select document type "Judgment - To Court (Proposed)").
Calculation of disbursements, costs and interest will be left to the County
Clerk after the court has signed the judgment. Papers supporting such
calculation shall be filed with NYSCEF.
4) Judgment Roll:
Through NYSCEF an attorney seeking entry of judgment designates the documents
previously filed with NYSCEF that are to be included in the judgment roll (CPLR
5017).
5) Signature and Entry of
Judgment: Once the County Clerk has taxed costs and disbursements and
calculated interest and signed a judgment and a judgment roll has been prepared,
the Clerk will stamp the judgment with the County Clerk file stamp and post the
judgment to NYSCEF. This constitutes entry. The Clerk will transmit an email
message to all filing users notifying that the judgment has been entered. Such
notice does not constitute service of notice of entry by any party, which shall
be made as set forth in Section L.
CourtAlert 545
While on the
topic of New York County Supreme Court we would like to
mention how the CourtAlert community continues to let us
know how much they appreciate our
Business Development Tools in NYS Supreme, NY County.
As you may
already know this alert advises you of commercial actions
filed in New York County Supreme Court before the action
has been added to the courts internal system. The
service includes a free copy of the complaint(s),
immediately available from the email.
You can read
the entire list of new actions and also watch for new
actions against specific parties. Unlimited number of
names supported. The report
includes Index Number, Type of Document, Parties, Filing Attorney and Phone
Number and a Brief Summary of the Claims.
Email
Support@CourtAlert.com to register.
Quiz of the Month
Congratulations to Ira E. Wiener (Shearman & Sterling LLP)
on winning this month's Quiz and to all others who
submitted correct responses within the first hour
All correct responses within the first hour are entered
into the iPad raffle at the end of the year.
Please email your answers to
Support@CourtAlert.com or reply to this email.
Quiz Topic: The questions will come from selected Tips from this month and
the CourtAlert website.
1) Earlier this month we mentioned the five-year period in which an attorney is
admitted to the Second Circuit Court of Appeals before having to renew that
admission. What rule number in the Second Circuit covers that requirement?
Rule 46.1
2) One of our tips this month mentioned how bankruptcy appeals can be designated
as related and wind up before the same district judge from previous appeals in
the same debtor action pending in bankruptcy court. What is the rule number that
mentions that in the district court?
Rule13
3) Rules of the Chief Administrative Judge PART 100 covers the disqualification
of a judge in New York State. Please indicate one of the reason from Part 100.
A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where:
a. (i) the judge has a personal bias or prejudice concerning a party or (ii) the judge has personal knowledge of disputed evidentiary facts concerning the proceeding;
b. the judge knows that (i) the judge served as a lawyer in the matter in controversy, or (ii) a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or (iii) the judge has been a material witness concerning it;
c. the judge knows that he or she, individually or as a fiduciary, or the judge's spouse or minor child residing in the judge's household has an economic interest in the subject matter in controversy or in a party to the proceeding or has any other interest that could be substantially affected by the proceeding;
d. the judge knows that the judge or the judge's spouse, or a person known by the judge to be within the sixth degree of relationship to either of them, or the spouse of such a person: (i) is a party to the proceeding;(ii) is an officer, director or trustee of a party;(iii) has an interest that could be substantially affected by the proceeding;
e. The judge knows that the judge or the judge's spouse, or a person known by the judge to be within the fourth degree of relationship to either of them, or the spouse of such a person, is acting as a lawyer in the proceeding or is likely to be a material witness in the proceeding.
f. the judge, while a judge or while a candidate for judicial office, has made a pledge or promise of conduct in office that is inconsistent with the impartial performance of the adjudicative duties of the office or has made a public statement not in the judge's adjudicative capacity that commits the judge with respect to(i) an issue in the proceeding; or(ii) the parties or controversy in the proceeding.
g. notwithstanding the provisions of subparagraphs (c) and (d) above, if a judge would be disqualified because of the appearance or discovery, after the matter was assigned to the judge, that the judge individually or as fiduciary, the judge's spouse, or a minor child residing in his or her household has an economic interest in a party to the proceeding, disqualification is not required if the judge, spouse or minor child, as the case may be, divests himself or herself of the interest that provides the grounds for the disqualification.
4) If you had to serve a Notice of Settlement of a Judgment for a New York
County Supreme Court case how many days notice do you have to give if you were
serving it by regular first class mail?
10 days
5) What is the alert number that provides a "Sneak Peek" report that lists and
provides a short summary of all new complaints for the Commercial Division - New
York County?
545
We are Committed to Remain the
Best!!!
Thanks,
Izzy Schiller, President
CourtAlert
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