Bill Text: NY S07075 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides that a party that files papers in connection with a motion need not include copies of papers that were filed previously electronically with the court, but may make reference to them.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-19 - SUBSTITUTED BY A8972 [S07075 Detail]

Download: New_York-2013-S07075-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7075
                                   I N  S E N A T E
                                    April 23, 2014
                                      ___________
       Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
         istration) -- read twice and ordered printed, and when printed  to  be
         committed to the Committee on Judiciary
       AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
         furnishing motion papers to the court
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision (c) of rule 2214 of the civil practice law and
    2  rules is amended to read as follows:
    3    (c) Furnishing papers to the court. Each party shall  furnish  to  the
    4  court  all  papers  served  by  [him] THAT PARTY. The moving party shall
    5  furnish [at the hearing] all other papers not already in the  possession
    6  of  the  court necessary to the consideration of the questions involved.
    7  EXCEPT WHEN THE RULES OF THE COURT  PROVIDE  OTHERWISE,  IN  AN  E-FILED
    8  ACTION,  A  PARTY THAT FILES PAPERS IN CONNECTION WITH A MOTION NEED NOT
    9  INCLUDE COPIES OF PAPERS THAT WERE FILED PREVIOUSLY ELECTRONICALLY  WITH
   10  THE  COURT, BUT MAY MAKE REFERENCE TO THEM, GIVING THE DOCKET NUMBERS ON
   11  THE E-FILING SYSTEM. Where such papers  are  in  the  possession  of  an
   12  adverse party, they shall be produced by [him] THAT PARTY at the hearing
   13  on  notice  served with the motion papers. Only papers served in accord-
   14  ance with the provisions of this rule shall be read in support of, or in
   15  opposition to, the motion, unless the court for good cause shall  other-
   16  wise direct.
   17    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13634-02-4