Title CVP, Civil Practice Law & Rules

Rule 4019. Recording in camera interviews of infants. (a) A court\nshall not conduct an in camera interview of an infant in any action or\nproceeding to fix temporary or permanent custody or to modify judgments\nand orders of custody concerning marital separation, divorce, annul…

§ 402. Pleadings. There shall be a petition, which shall comply with\nthe requirements for a complaint in an action, and an answer where there\nis an adverse party. There shall be a reply to a counterclaim\ndenominated as such and there may be a reply to new matter in the answer…

§ 403. Notice of petition; service; order to show cause. (a) Notice of\npetition. A notice of petition shall specify the time and place of the\nhearing on the petition and the supporting affidavits, if any,\naccompanying the petition.\n (b) Time for service of notice of petition…

§ 404. Objections in point of law. (a) By respondent. The respondent\nmay raise an objection in point of law by setting it forth in his answer\nor by a motion to dismiss the petition, made upon notice within the time\nallowed for answer. If the motion is denied, the court may pe…

§ 405. Correction of defects in papers. (a) Motion to correct. Either\nparty may move to cure a defect or omission in the record, or to strike\nscandalous or prejudicial matter unnecessarily inserted in a pleading,\nor for a more definite statement of a pleading which is so vagu…

Rule 406. Motions. Motions in a special proceeding, made before the\ntime at which the petition is noticed to be heard, shall be noticed to\nbe heard at that time.\n

§ 407. Severance. The court may at any time order a severance of a\nparticular claim, counterclaim or cross-claim, or as to a particular\nparty, and order that, as to such claim or party, the special proceeding\ncontinue as an action or as a separate special proceeding.\n

§ 408. Disclosure. Leave of court shall be required for disclosure\nexcept for a notice under section 3123. A notice under section 3123 may\nbe served at any time not later than three days before the petition is\nnoticed to be heard and the statement denying or setting forth the…

Rule 409. Hearing. (a) Furnishing of papers; filing. Upon the hearing,\neach party shall furnish to the court all papers served by him. The\npetitioner shall furnish all other papers not already in the possession\nof the court necessary to the consideration of the questions invo…

§ 410. Trial. If triable issues of fact are raised they shall be tried\nforthwith and the court shall make a final determination thereon. If\nissues are triable of right by jury, the court shall give the parties an\nopportunity to demand a jury trial of such issues. Failure to m…

§ 4101. Issues triable by a jury revealed before trial. In the\nfollowing actions, the issues of fact shall be tried by a jury unless a\njury trial is waived or a reference is directed under section 4317,\nexcept that equitable defenses and equitable counterclaims shall be\ntrie…

§ 4102. Demand and waiver of trial by jury; specification of issues.\n(a) Demand. Any party may demand a trial by jury of any issue of fact\ntriable of right by a jury, by serving upon all other parties and filing\na note of issue containing a demand for trial by jury. Any party…

§ 4103. Issues triable by a jury revealed at trial; demand and waiver\nof trial by jury. When it appears in the course of a trial by the court\nthat the relief required, although not originally demanded by a party,\nentitles the adverse party to a trial by jury of certain issues…

§ 4104. Number of jurors. A jury shall be composed of six persons.\n

§ 4105. Persons who constitute the jury. The first six persons who\nappear as their names are drawn and called, and are approved as\nindifferent between the parties, and not discharged or excused, must be\nsworn and constitute the jury to try the issue.\n

§ 4106. Alternate jurors. One or more additional jurors, to be known\nas "alternate jurors", may be drawn upon the request of a party and\nconsent of the court. Such alternate juror or jurors shall be drawn at\nthe same time, from the same source, in the same manner, and have th…

Rule 4107. Judge present at examination of jurors. On application of\nany party, a judge shall be present at the examination of the jurors.\n

§ 4108. Challenges generally. An objection to the qualifications of a\njuror must be made by a challenge unless the parties stipulate to excuse\nhim. A challenge of a juror, or a challenge to the panel or array of\njurors, shall be tried and determined by the court.\n

§ 4109. Peremptory challenges. The plaintiff or plaintiffs shall have\na combined total of three peremptory challenges plus one peremptory\nchallenge for every two alternate jurors. The defendant or defendants\n(other than any third-party defendant or defendants) shall have a\nc…

Rule 411. Judgment. The court shall direct that a judgment be entered\ndetermining the rights of the parties to the special proceeding.\n

§ 4110. Challenges for cause. (a) Challenge to the favor. The fact\nthat a juror is in the employ of a party to the action; or if a party to\nthe action is a corporation, that he is a shareholder or a stockholder\ntherein; or, in an action for damages for injuries to person or\n…

§ 4110-a. Competency of inhabitants as justices or jurors;\nundertakings not required of village. In an action brought by or against\na village it shall not be an objection against the person acting as\njustice or juror in such action that he is a resident of the village or\nsub…

§ 4110-b. Instructions to jury; objection. At the close of the\nevidence or at such earlier time during the trial as the court\nreasonably directs, any party may file written requests that the court\ninstruct the jury on the law as set forth in the requests. The court,\nout of t…

§ 4110-c. Trial jury; viewing of premises. 1. When during the course\nof a trial the court is of the opinion that a viewing or observation by\nthe jury of the premises or place where alleged injuries to person or\nproperty were sustained in an accident or occurrence claimed to h…

Rule 4111. General and special verdicts and written interrogatories.\n(a) General and special verdict defined. The court may direct the jury\nto find either a general verdict or a special verdict. A general verdict\nis one in which the jury finds in favor of one or more parties.…

Rule 4112. Entry of verdict. When the jury renders a verdict, the\nclerk shall make an entry in his minutes specifying the time and place\nof the trial, the names of the jurors and witnesses, the general verdict\nand any answers to written interrogatories, or the questions and a…

§ 4113. Disagreement by jury. (a) Unanimous verdict not required. A\nverdict may be rendered by not less than five-sixths of the jurors\nconstituting a jury.\n (b) Procedure where jurors disagree. Where five-sixths of the jurors\nconstituting a jury cannot agree after being kept…

§ 4201. Powers of referees to report. A referee to inquire and report\nshall have the power to issue subpoenas, to administer oaths and to\ndirect the parties to engage in and permit such disclosure proceedings\nas will expedite the disposition of the issues.\n

Rule 4211. Issues to be decided by the court. The court shall decide\nany issue not required to be tried by a jury unless it is referred to a\nreferee to determine pursuant to section 4317.\n

Rule 4212. Advisory jury; referee to report. Upon the motion of any\nparty as provided in rule 4015 or on its own initiative, the court may\nsubmit any issue of fact required to be decided by the court to an\nadvisory jury or, upon a showing of some exceptional condition requiri…

§ 4213. Decision of the court. (a) Requests for findings. Before the\ncase is finally submitted, the court shall afford the parties an\nopportunity to submit requests for findings of fact. Each request shall\nbe numbered and so phrased that the court may conveniently pass upon i…

§ 4301. Powers of referee to determine. A referee to determine an\nissue or to perform an act shall have all the powers of a court in\nperforming a like function; but he shall have no power to relieve\nhimself of his duties, to appoint a successor or to adjudge any person\nexcep…

Rule 4311. Order of reference. An order of reference shall direct the\nreferee to determine the entire action or specific issues, to report\nissues, to perform particular acts, or to receive and report evidence\nonly. It may specify or limit the powers of the referee and the tim…

Rule 4312. Number of referees; qualifications. 1. A court may\ndesignate either one or three referees; provided, however, a judicial\nhearing officer may be designated a referee, in which case there shall\nbe only one referee. Except by consent of the parties, no person shall\nb…

Rule 4313. Notice. Except where the reference is to a judicial hearing\nofficer or a special referee, upon the entry of an order of reference,\nthe clerk shall send a copy of the order to the referee. Unless the\norder of reference otherwise provides, the referee shall forthwith…

Rule 4314. Successor referee. Upon being notified that a referee\ndeclines or fails to serve, or in the case of the death, resignation or\nremoval of a referee, or if a new trial is granted after a reference, on\nmotion of any party or on its own initiative, the court may design…

Rule 4315. Referee to be sworn. A referee, other than a judicial\nhearing officer or a special referee, before entering upon his duties,\nshall be sworn faithfully and fairly to do such acts and make such\ndetermination and report as the order requires. The oath may be\nadminist…

Rule 4316. Procedure where more than one referee. Where the reference\nis to more than one referee all must meet together and hear all the\nallegations and proofs of the parties; but a majority may appoint a time\nand place for the trial, decide any question which arises upon th…

§ 4317. When reference to determine may be used. (a) Upon consent of\nthe parties. The parties may stipulate that any issue shall be\ndetermined by a referee. Upon the filing of the stipulation with the\nclerk, the clerk shall forthwith enter an order referring the issue for\ntr…

§ 4318. Conduct of trial. Unless otherwise specified in the order of\nreference, the referee shall conduct the trial in the same manner as a\ncourt trying an issue without a jury. The provisions of article\nforty-four applicable to trial by the court shall apply to a reference\n…

§ 4319. Decision. The decision of a referee shall comply with the\nrequirements for a decision by the court and shall stand as the decision\nof a court. Unless otherwise specified in the order of reference, the\nreferee shall file his decision within thirty days after the cause …

§ 4320. Reference to report. (a) Conduct of trial. A referee to report\nshall conduct the trial in the same manner as a court trying an issue\nwithout a jury.\n (b) Report; transcript. The referee shall file his report, setting\nforth findings of fact and conclusions of law, wit…

Rule 4321. Fees and expenses. 1. An order or a stipulation for a\nreference shall determine the basis and method of computing the\nreferee's fees and provide for their payment. The court may make an\nappropriate order for the payment of the reasonable expenses of the\nreferee. U…

Rule 4401. Motion for judgment during trial. Any party may move for\njudgment with respect to a cause of action or issue upon the ground that\nthe moving party is entitled to judgment as a matter of law, after the\nclose of the evidence presented by an opposing party with respec…

§ 4401-a. Motion for judgment. A motion for judgment at the end of the\nplaintiff's case must be granted as to any cause of action for medical\nmalpractice based solely on lack of informed consent if the plaintiff\nhas failed to adduce expert medical testimony in support of the …

Rule 4402. Motion for continuance or new trial during trial. At any\ntime during the trial, the court, on motion of any party, may order a\ncontinuance or a new trial in the interest of justice on such terms as\nmay be just.\n

Rule 4403. Motion for new trial or to confirm or reject or grant\nother relief after reference to report or verdict of advisory jury. Upon\nthe motion of any party or on his own initiative, the judge required to\ndecide the issue may confirm or reject, in whole or in part, the v…

Rule 4404. Post-trial motion for judgment and new trial. (a) Motion\nafter trial where jury required. After a trial of a cause of action or\nissue triable of right by a jury, upon the motion of any party or on its\nown initiative, the court may set aside a verdict or any judgmen…

Rule 4405. Time and judge before whom post-trial motion made. A motion\nunder this article shall be made before the judge who presided at the\ntrial within fifteen days after decision, verdict or discharge of the\njury. The court shall have no power to grant relief after argumen…

Rule 4406. Single post-trial motion. In addition to motions made\norally immediately after decision, verdict or discharge of the jury,\nthere shall be only one motion under this article with respect to any\ndecision by a court, or to a verdict on issues triable of right by a\nju…