(3) the emergency exemption; other paper submissions. Notwithstanding subsection (1) of this Subdivision, documents that are required to be filed and served electronically under clause (1) may nevertheless be filed and served on paper to the extent permitted by paragraph (1) of subdivision (d) of section 202.5-b of these Rules. In the event that an applicant files and serves paper documents under this subsection, each such document shall contain the notice in accordance with paragraph (1) of subsection (d) of Article 202.5-b, and the applicant shall file such documents on the NYSCEF website as required within three business days. ORDERED AND DECIDED that all applications filed with the Supreme Court for the enforcement of the provisions of the said settlement agreement, if any, or for the execution or modification of the provisions of this judgment shall be filed in a district in which one of the parties is domiciled; provided that, if there are minor children of the marriage, such applications shall be made in a district where either party or one of the children resides, except at the discretion of the judge for good cause. Requests for cause must be made by application or order to explain the reason. If the address of a party and a child or children is unknown and is not known to the public or is the subject of an existing confidentiality order under DRL § 254 or FCA § 154-b, such requests may be made in the district where the judgment was registered; and it is also (1) Any party to a tax inspection proceeding may, at any time after the presentation of the issue ticket and the certificate of preparation, request a pre-litigation conference with proof of such service by means of an application served on all other parties and submitted to the court, or the court may of its own motion order a pre-trial conference on a date and date fixed by the court. At the Pre-Trial Conference, the judge shall take all reasonable steps to expedite the final decision on the proceeding, including, but not limited to: (c) Reaffirming good faith efforts to resolve the issues raised by the application, the timing, location and manner of consultation, as well as the issues considered and any decisions. or give an important reason why such consultation with counsel for the opposing parties did not take place. (a) For any request for a summary ruling, other than an application under CPLR 3213, the application must be accompanied by a separate, brief and concise statement of the essential facts in numbered paragraphs which, in the opinion of the requesting party, do not constitute a genuine issue to be heard. (a) Form of motion papers. The applicant must specify the specific request for appeal in the application, the reasoned order and in a final section of a memorandum of law. Whether the documents are filed electronically, on paper or in the form of working copies, counsel must submit copies of all pleadings and other documents required by the CPLR as part of the application documents and to the extent necessary for an informed decision on the application (particularly for applications under CPLR 3211 and 3212).
The lawyer should use tabs on hard or working copies when submitting documents with exhibits. Copies must be legible. If a document to be attached to an affidavit or affirmation is voluminous and only individual parts are relevant to the application, the lawyer must attach excerpts and submit the complete evidence separately. Documents in a foreign language must be translated in accordance with CPLR 2101(b). Where a decision or other authority is appealed to which is not readily available to the court, the application file must be accompanied by a copy of the case or relevant parts of the authority. (d) Pre-litigation procedure. If a party is prevented from filing a note of issue and a certificate of preparation because a pre-litigation proceeding has not been completed for reasons beyond its control, the court may, on application and by affidavit, authorize the party to file a note of issuance under such conditions as it considers appropriate. If, following the submission of a memorandum of issue and a certificate of preparation, unusual or unforeseen circumstances arise which require an additional pre-litigation procedure in order to avoid significant inconvenience, the court may, on application under oath, authorize the conduct of the necessary procedure. (1) A party shall not use the EDDS to transmit documents in a judicial proceeding or proceeding before a court in a country where consensual or mandatory electronic filing is available in that proceeding or proceeding, except that the EDDS may be used in that district for the purpose of (i) converting a pending claim to electronic filing pursuant to Rule 202.5-b(2)(iv) of these Rules; (ii) the transmission of evidence for a conference, hearing or trial; or (iii) any other use authorized by the Primary Administrator. Unless the designated judge decides otherwise, a party may file an ex parte application, that is, an application filed without notice to the opposing party, only if a statute, federal regulation, local rule or by-law permit unilateral filing. The application must contain a reference to the law, rule or resolution permitting the use of an ex parte claim to obtain the relief sought.
(h) If an application under the CPLR is to be submitted within a specified time limit, the submission of a letter of request pursuant to paragraph (a) within the prescribed time limit shall be deemed to be the timely submission of the application. This division should not be interpreted as extending the limitation period.