Updated October 27, 2026
Statewide court type
Court of Claims actions and proceedings
Collected from an official published rule text/index; no assertion that every provision is currently operative in every case. Preserve source version, amendments, waivers, specialized-section limits and applicable later orders.
Official source ↗ · Collected 2026-10-27
(g) Filing and Objections. (1) If no objections have been made by any of the parties during the course of the deposition, the audiovisual recording and one copy may be filed by the proponent with the clerk and shall be filed upon the request of any party.
Court of Claims actions and proceedings
Source page web_or_saved_capture(3) (i) The court shall rule on the objections prior to the date set for trial and shall return the recording to the proponent of the audiovisual recording with notice to the parties of its rulings and of its instructions as to editing. The editing shall reflect the rulings of the court and shall remove all references to the objections. The proponent, after causing the audiovisual recording to be edited in accordance with the court's instructions, may cause both the original recording and the edited version of the recording, and a copy of each, clearly identified, to be filed with the clerk, and shall do so at the request of any party. Before such filing, the proponent shall permit the other party to view the edited recording.
Court of Claims actions and proceedings
Source page web_or_saved_capture(1) a judge orders otherwise; or (2) the papers involved are not permitted to be filed or served electronically. (b) The clerk shall notify the claimant or the claimant's attorney of the date of filing of the claim. The clerk shall number each claim in the order of its filing and advise the claimant or the claimant's attorney of the claim number and of the name of the assigned judge. Thereafter such number and judge's name shall appear on the outside cover and first page to the right of the caption of every paper tendered for filing in the action. A small claim filed pursuant to article 6 of the Eminent Domain Procedure Law shall be numbered in the same manner as other claims except its number shall be followed by the suffix "s." In addition to complying with the provisions of CPLR 2101, unless the court shall otherwise permit in the interest of justice, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and if typewritten, shall have at least double space between each line, except quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins. In addition, every paper filed in court, other than an exhibit or printed form, shall contain writing on one side only, except that papers that are fastened on the side may contain writing on both sides. Papers that are stapled or bound securely shall not be rejected for filing simply because they are not bound with a backer of any kind.
Court of Claims actions and proceedings
Source page web_or_saved_capture(i) the operator's name and address; (ii) the name and address of the operator's employer; (iii) the date, the time and place of the deposition; and (iv) the party on whose behalf the deposition is being taken. The officer before whom the deposition is taken shall be identified as a person authorized by statute to swear the witness and shall swear the witness on camera.
Court of Claims actions and proceedings
Source page web_or_saved_capture(a) Settlement conferences. (1) In every medical, dental and podiatric malpractice action subject to this part, the court shall hold a settlement conference within 45 days after the filing of the note of issue and certificate of readiness or, if a party moves to vacate the note of issue and certificate of readiness and that motion is denied, within 45 days after denial of the motion.
Court of Claims actions and proceedings
Source page web_or_saved_capture(d) Definitions. (1) "Presiding Judge". Reference in these rules to the Presiding Judge shall mean the judge of the Court of Claims designated as such by the Governor pursuant to section 2 of the Court of Claims Act. (2) "Clerk". References to the clerk in the Court of Claims Act and in these rules are to the Chief Clerk of the Court in Albany, whose mailing address is:
Court of Claims actions and proceedings
Source page web_or_saved_captureDutchess Putnam Rockland Westchester Orange (b) No claim shall be transferred for trial from one district to another unless ordered upon motion on notice setting forth the grounds, or upon order of the Presiding Judge.
Court of Claims actions and proceedings
Source page web_or_saved_captureDefendant Please take notice that, pursuant to section 206.5-aa of the Uniform Rules for the Court of Claims (22 NYCRR §206.5-aa), all papers to be filed or served in this claim shall be filed or served electronically by the parties as provided under section 206.5-aa unless, in accordance with such section:
Court of Claims actions and proceedings
Source page web_or_saved_capture(a) A claim shall be filed by delivering it to the office of the clerk either in person or by facsimile transmission or electronic means pursuant to sections 206.5-a and 206.5-aa of this Part, respectively, or upon the receipt thereof at the clerk's office by mail. Except where filing is made by facsimile transmission or electronic means, at the time of filing the original claim, the claimant shall file in the clerk's office two copies thereof. Proof of service on the defendant shall be filed in paper form or by facsimile transmission or electronic means with the clerk within 10 days of such service. Upon the filing, other than by electronic means, of a claim that is subject to the electronic filing pursuant to 206.5-aa, the clerk shall provide the claimant with a copy of a Notice Regarding Availability of Electronic Filing in a form approved by the Chief Administrator of the Courts. Regardless of the manner in which a claim is filed, where such claim is subject to electronic filing and the claimant desires that the action proceed by electronic filing, the claimant shall serve the defendant with a Notice of Identifying the Claim as Subject to Electronic Filing in a manner authorized by section 202.5-b(g)(1) of this Part. Such Notice Identifying the Claim as Subject to Electronic Filing shall read substantially as follows:
Court of Claims actions and proceedings
Source page web_or_saved_capture(c) An original and two copies of any demand for a bill of particulars and bills of particulars served upon a party, together with proof of service, shall be filed with the clerk within 10 days after service thereof. (d) All papers for signature or consideration of the court shall be presented to the clerk, except that where the judge so directs, papers may be submitted to the judge and a copy filed with the clerk promptly thereafter. All papers for any judge that are filed in the clerk's office shall be delivered to the judge by the clerk. The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and claim number of the action in which they are filed, the judge's name, and the name of the attorney or party submitting them.
Court of Claims actions and proceedings
Source page web_or_saved_capture(e) Omission or Redaction of Confidential Personal Information. (1) Except as otherwise provided by rule or law or court order, and whether or not a sealing order is or has been sought, the parties shall omit or redact confidential personal information in papers submitted to the court for filing. For purposes of this rule, confidential personal information ("CPI") means:
Court of Claims actions and proceedings
Source page web_or_saved_capture(2) The court sua sponte or on motion by any person may order a party to remove CPI from papers or to resubmit a paper with such information redacted; order the clerk to seal the papers or a portion thereof containing CPI in accordance with the requirement of 22NYCRR §216.1 that any sealing be no broader than necessary to protect the CPI; for good cause permit the inclusion of CPI in papers; order a party to file an unredacted copy under seal for in camera review; or determine that information in a particular action is not confidential. The court shall consider the pro se status of any party in granting relief pursuant to this provision.
Court of Claims actions and proceedings
Source page web_or_saved_capture(f) At the direction of the court, a party shall provide a courtesy copy of any paper to chambers.
Court of Claims actions and proceedings
Source page web_or_saved_capture(1) Except where papers required or permitted to be filed with the court must be filed by electronic means, such papers may be delivered to the clerk of the court by facsimile transmission at a facsimile telephone number provided for such purpose by the clerk. The cover sheet utilized for such facsimile transmission shall be in a form prescribed by the Chief Administrator of the Courts and shall indicate the nature of the paper being filed; any previously assigned claim number; the name and address of the filing party or the party's attorney; the telephone number of the party or attorney; the facsimile telephone number that may receive a return facsimile transmission; and the number of total pages, including the cover sheet, being filed. All such papers shall comply with the requirements of CPLR 2101(a) and shall be signed and verified as required by law. The clerk shall not be required to accept such filing if it is more than 50 pages in length (including exhibits, but excluding the cover sheet). Documents may be filed by facsimile transmission at any time of the day or night; only documents received before 12 midnight on any day will be considered to have been received as of that day.
Court of Claims actions and proceedings
Source page web_or_saved_capture(a) All designated claims in the Court of Claims, except those exempt under subdivision (e) of this section, shall be subject to electronic filing in accordance with the provisions of this section. (b) For purpose of this section, references to the clerk of a court shall be deemed to mean the clerk of the Court of Claims (c) Commencement of Actions.
Court of Claims actions and proceedings
Source page web_or_saved_capture(1) All claims shall be commenced by electronic filing pursuant to this section, except as otherwise provided for herein. (2) A motion for late claim relief pursuant to Court of Claims Act Section 10(6), may not be electronically served.
Court of Claims actions and proceedings
Source page web_or_saved_capture(3) Service of claims shall be made in accordance with Court of Claims Act Section 11, or by electronic means, other than through NYSCEF, if the party served agrees to accept such service. Such service shall be accompanied by a notice, advising the recipient that the action is subject to electronic filing pursuant to this section. A party served by electronic means shall, within 24 hours of service provide the serving party or attorney with an electronic confirmation that the service has been effectuated.
Court of Claims actions and proceedings
Source page web_or_saved_capture(d) Filing and Service of Documents After Commencement of Actions. Except as otherwise provided in this section, filing and service of all documents shall be by electronic means. (e) Exemptions. (1) Notwithstanding the foregoing, an unrepresented party shall be exempt from the electronic filing requirements of this section. No such party shall be compelled, directly or indirectly, to participate in electronic filing. Such party may, however, voluntarily participate in electronic filing. Where a party is not represented by counsel, the clerk shall explain such party's options for electronic filing in plain language and shall inquire whether they wish to participate.
Court of Claims actions and proceedings
Source page web_or_saved_capture(a) Pursuant to section 11-a of the Court of Claims Act, the claim shall be accompanied by either a filing fee of $50 or a motion, affidavit or certification pursuant to CPLR 1101. (b) No filing fee shall be required for a third-party claim filed pursuant to section 9(9-a) of the Court of Claims Act and section 206.6(g) of this Part or for the initiation of a special proceeding.
Court of Claims actions and proceedings
Source page web_or_saved_capture(a) In addition to the requirements prescribed by section 11 of the Court of Claims Act, the claim or notice of intention to file a claim, shall state the post office address of each claimant therein, and the name, post office address and telephone number of the attorney for each claimant.
Court of Claims actions and proceedings
Source page web_or_saved_capture(e) If the claim is filed under a special statute, such statute shall be pleaded by reference. (f) Changes in the post office address or telephone number of any attorney or pro se claimant shall be communicated in writing to the clerk within 10 days thereof.
Court of Claims actions and proceedings
Source page web_or_saved_capture(a) There shall be compliance with the procedures prescribed in the CPLR for the bringing of motions. In addition, no motion shall be filed with the court unless a notice of motion is served and filed, with proof of service, with the motion papers.
Court of Claims actions and proceedings
Source page web_or_saved_capture(b) No motion relating to disclosure shall be placed on the calendar without counsel for the respective parties first conferring with the assigned judge. This subdivision shall not apply to incarcerated person pro se claims.
Court of Claims actions and proceedings
Source page web_or_saved_capture(e) The notice of motion set forth in subdivision (d) of this section shall not be required for a motion brought on by an order to show cause or an application for ex parte relief. [FN1] If any party is appearing pro se, the name, address and telephone number of such party shall be stated.
Court of Claims actions and proceedings
Source page web_or_saved_capture(c) Unless oral argument has been requested by a party and permitted by the court, or directed by the court, motions shall be deemed submitted as of the return date. A party requesting oral argument shall set forth such request in either the notice of motion or on the first page of the answering papers. A party requesting oral argument on a motion initiated by order to show cause shall do so as soon as practicable before the motion is scheduled to be heard.
Court of Claims actions and proceedings
Source page web_or_saved_capture(d) Ex Parte Applications. Whenever any party shall make an ex parte application to the court for an order, it shall be the duty of the party making the application to present to the assigned judge the proposed original order and to serve the adverse party with a true conformed copy. The signed original order together with proof of service shall be filed in the clerk's office.
Court of Claims actions and proceedings
Source page web_or_saved_capture(b) Other Rules Applicable. Except as otherwise provided in this section, or where the nature of audiovisual recording makes compliance impossible or unnecessary, all rules generally applicable to examinations before trial shall apply to audiovisual recording of depositions.
Court of Claims actions and proceedings
Source page web_or_saved_capture(2) Every audiovisual deposition shall be recorded with a time-date generator which shall permanently display the hours, minutes, and seconds. Each time the recording is stopped and resumed, such times shall be announced on the recording. Additionally, the operator shall announce the beginning and the end of each audiovisual recording.
Court of Claims actions and proceedings
Source page web_or_saved_capture(3) More than one camera may be used, either in sequence or simultaneously. (4) At the conclusion of the deposition, a statement shall be made on camera that the recording is completed. As soon as practicable thereafter, the recording shall be shown to the witness for examination, unless such showing and examination are waived by the witness and the parties.
Court of Claims actions and proceedings
Source page web_or_saved_capture(5) Technical data, such as recording speeds and other information needed to replay or copy the recording, shall be included on copies of the recorded deposition. (e) Copies and Transcription. The parties may make audio copies of the deposition and thereafter may purchase additional audio and/or audiovisual copies. A party may arrange to have a stenographic transcription made of the deposition at the party’s own expense.
Court of Claims actions and proceedings
Source page web_or_saved_capture(f) Certification. The officer before whom the deposition is taken shall cause to be attached to the original audiovisual recording a certification that the witness was fully sworn or affirmed by the officer and that the recording is a true record of the testimony given by the witness. If the witness has not waived the right to a showing and examination of the deposition, the witness shall also sign the certification in accordance with the provisions of CPLR 3116.
Court of Claims actions and proceedings
Source page web_or_saved_capture(2) If objections have been made by any of the parties during the course of the deposition, the audiovisual recording, with the certification, shall be submitted to the court upon the request of any of the parties within 10 days after its recording, or within such other period as the parties may stipulate, or as soon thereafter as the objections may be heard by the court, for the purpose of obtaining rulings on the objections. An audio copy may be submitted in lieu of the audiovisual recording for this purpose, as the court may prefer. The court may also require submission of a stenographic transcript of the portion of the deposition to which objection is made.
Court of Claims actions and proceedings
Source page web_or_saved_capture(ii) The court may, in respect to objectionable material, instead of ordering its deletion, permit such material to be clearly marked so that the audio recording may be suppressed by the operator during the objectionable portion when the audiovisual recording is presented at the trial. In such case the proponent may cause both the original and a marked version of that recording, and a copy of each, clearly identified, to be filed with the clerk of the court, and shall do so at the request of any party.
Court of Claims actions and proceedings
Source page web_or_saved_capture(h) Custody of the audiovisual recording. When the audiovisual recording is filed with the clerk of the court, the clerk shall give an appropriate receipt and shall provide secure and adequate facilities for the storage of the recordings.
Court of Claims actions and proceedings
Source page web_or_saved_capture(i) Use at trial. The use of audiovisual recording of depositions at the trial shall be governed by the provisions of the CPLR and all other relevant statutes, court rules and decisional law relating to depositions and relating to the admissibility of evidence. The proponent of the audiovisual deposition shall have the responsibility of providing whatever equipment and personnel may be necessary for presenting such recored deposition.
Court of Claims actions and proceedings
Source page web_or_saved_capture(k) Cost. The cost of recording a deposition shall be borne by the party that served the notice for the recording of the deposition. (l) Transcription for appeal. On appeal, audiovisual and audio depositions shall be transcribed in the same manner as other testimony and transcripts filed in the appellate court. The audiovisual and audio depositions shall remain part of the original record in the case and shall be transmitted therewith. In lieu of the transcribed deposition and, on leave of the appellate court, a party may request a review of portions of the audiovisual or audio deposition by the appellate court but, in such case, a transcript of pertinent portions of the deposition shall be filed as required by the court.
Court of Claims actions and proceedings
Source page web_or_saved_capture(a) General. No action shall be deemed ready for trial until there is a filed note of issue accompanied by a certificate of readiness, with proof of service on all parties entitled to notice, in the form prescribed by this section. Filing of a note of issue and certificate of readiness shall not be required for incarcerated person pro se claims, for an application for court approval of the settlement of the claim of an infant, incompetent or conservatee; or an application for court approval of a settlement pursuant to section 20-a of the Court of Claims Act. The note of issue shall include the claim number, the name of the judge to whom the action is assigned, and the name, office address and telephone number of each attorney or individual who has appeared. Within 10 days after service, the original note of issue and certificate of readiness, with proof of service, shall be filed with the clerk.
Court of Claims actions and proceedings
Source page web_or_saved_capture(e) Restoration of Note of Issue. A motions to restore notes of issue struck pursuant to this section shall be supported by a proper and sufficient certificate of readiness and by an affidavit by a person having first-hand knowledge showing that there is merit to the action, satisfactorily showing the reasons for the acts or omissions which led to the note of issue being struck from the calendar, stating meritorious reasons for its restoration and showing that the action is presently ready for trial.
Court of Claims actions and proceedings
Source page web_or_saved_captureNo adjournment shall be granted on the ground of engagement of counsel except in accordance with Part 125 of the Rules of the Chief Administrator of the Courts (22 NYCRR Part 125).
Court of Claims actions and proceedings
Source page web_or_saved_capture“it is ORDERED that if the trial/hearing of the issue or action hereby referred is not begun within 60 days from the date of this order, or by such later date as the judicial hearing officer may fix upon good cause shown, this order shall be cancelled and revoked, and the matter shall immediately be returned to the court for further proceedings.” (4) The judicial hearing officer has discretion to adjourn dates on their own or upon a party’s application for good cause.
Court of Claims actions and proceedings
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