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RELATED DOCUMENTS:
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 Stipulations

 

 Supreme Court of the State of New York
 New York County

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Overview

Stipulations Generally Permitted

Parties to an action, whether acting pro se or through counsel, have broad discretion to stipulate to the more...    New York case law demonstrates a long history of condoning and encouraging efforts of the parties to streamline more...   

 Stipulation Rules & Requirements

Must Be Subscribed In Writing or Open Court

Enforceable stipulations must be subscribed to in writing, by all parties to be bound, or made in open more...

Stipulation in Chambers

Although not firmly settled, case law suggests that a stipulation in chambers does not have the same binding more...

Stipulations to Extend Response Time

Stipulations are commonly used by the parties to extend the time available to respond to a pleading or more...

Stipulation as to the Record on Appeal

In any action in the appellate courts, the parties may stipulate as to the correctness of all or more...

Settlement or Discontinuance of Action

Stipulation Must Be Filed With Clerk

Any stipulation regarding the terms of a complete or partial settlement of an action must be filed by more...

Before Responsive Pleading Served

Any party asserting a claim may discontinue it without a court order by serving all parties to the more...

and filing the notice with proof of service with the clerk of the court. . more...

Before Case Submitted to Court or Jury

Any party asserting a claim may discontinue it without an order before the case has been submitted to more...

.

Voluntary Discontinuance of Claim By Order of Court

Except as provided in Civil Practice Law and Rules 3217(a), an action shall not be discontinued by a more...

Effect of Discontinuance

Unless otherwise stated in the notice, the discontinuance is without prejudice, except that a discontinuance by means of more...

Stipulation Must Be Filed With Clerk

All notices, stipulations, or certificates regarding discontinuance of an action shall be filed with the county clerk by more...

Commercial Division -- Give Notice to Clerk of Part

If an action is settled, discontinued,or otherwise disposed of, counsel shall immediately inform the court by submission of more...

Local Rules Regarding Settlement and Discontinuance

Give Notice to Clerk

If an action is settled or discontinued, a stipulation "shall be submitted promptly" to the County Clerk along more...

If the case is "otherwise disposed of" in whole or in part, counsel for the defendant affected shall more...

If, at the time of a settlement, discontinuance or other disposition a submitted motion is "sub judice that more...

.

Conferences Regarding Settlement of Actions by Infants and Others

Any proposed "infant's compromise" or other proposed settlement pursuant to CPLR 1207 of the must be considered by more...

An attorney seeking approval of such a proposal must serve on all parties, at least five (5) days more...

.

 Format of Stipulations

Signature

Each paper served or filed shall be indorsed with the name, address and telephone number of the attorney more...

Every pleading, written motion, and other paper, served on another party or filed or submitted to the court more...

Signature Certifies that Document is Not Frivolous

A party or attorney's signature on any pleading or paper served on another party or filed or submitted more...

Contents

Stipulations should be clear.New York caselaw holds that all matters should be clearly set out as the court will not seek more...

Additional Format Requirements

For more information, New York County Supreme Court SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
New York - Bronx Supreme
New York - Bronx Supreme
New York - Bronx Supreme
New York - Bronx Supreme
New York - Bronx Supreme