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22 NYCRR Part 212 — Uniform Civil Rules District Courts

Updated October 27, 2026

Statewide court type

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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

Section 212.23 Call of reserve, ready and general calendars

(b) Ready Calendars. (1) The ready calendars shall be called at such time and in such parts as the Chief Administrator shall direct. Actions shall be called in order and shall be announced "ready," "ready subject to engagement" or "disposed." If any party does not so respond, the calendar judge shall treat the action as in default, unless for good cause shown, arising after the action appeared on the ready calendar and not reasonably discoverable or foreseeable, the judge shall direct that the action be held on the ready calendar for a period not to exceed 10 days. If the inability to proceed to trial is expected to exceed 10 days, the action shall be returned to the reserve calendar or stricken from the calendar, as circumstances warrant, unless, for good cause shown, the court on application grants an adjournment.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.4 Papers filed in court

(a) Index Number; Form; Label The party causing the first paper to be filed shall obtain an index number and communicate it forthwith to all other parties to the action. Thereafter such number shall appear on the outside cover and first page, to the right of the caption, of every paper tendered for filing in the action. Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper. In addition to complying with the provisions of CPLR 2101, 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 a double space between each line, except for 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.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.4-a Electronic Filing in the District Courts Outside the City of New York

(d) Official Record and Working Copies. (1) When a document has been filed electronically pursuant to this section, the official record shall be the electronic record maintained by the court. The clerk or designee may scan and e-file documents that were filed in hard copy in an action subject to e-filing or maintain those documents in hard copy form.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.10 Calendaring of motions; uniform notice of motion form

1 If motion is to reargue, vacate or extend, modify or otherwise affect a prior order, state the name of the judge who decided the prior order. 2 If any party is appearing pro se, the name, address and telephone number of such party shall be stated.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.4-a Electronic Filing in the District Courts Outside the City of New York

(2) Commencing an action by electronic means. (i) Except as otherwise provided in this section, every action authorized as a mandatory filing in the county and class of actions under subdivision (a) of this section shall be commenced by electronically filing the initiating documents with the Clerk of the Court through the NYSCEF site. In any action authorized as a voluntary (consensual) filing, a party may commence the action by electronically filing the initiating documents with the Clerk of the Court through the NYSCEF site.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.3 Parts of court; structure

(a) General. A part of court is a designated unit of the court in which specified business of the court is to be conducted by a judge or quasi- judicial officer. (b) Number and Types. In each division there shall be such number of calendar parts, trial parts, motion parts, conference parts, multipurpose parts, and other special parts of court, and any combination thereof, as may be established from time to time by the Chief Administrator of the Courts. There shall also be one or more small claims parts in each division for the hearing and disposition of all small claims proceedings, as the Chief Administrator may establish.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.3 Parts of court; structure

(3) Motion Part. A motion part is a part of court for the hearing and determination of motions and applications that are not otherwise required by this Part to be made in a calendar part, trial part or conference part. (4) Conference Part. A conference part is a part of court for the precalendar or pretrial conference of actions as may be provided by this Part or by order of the Chief Administrator.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.4 Papers filed in court

(b) Omission or Redaction of Confidential Personal Information in Civil Actions and Proceedings. (1) Except for any action or proceeding arising under the Vehicle and Traffic Law, or prosecution of a violation of an ordinance of a city, town or village, or in a petition for change of name under the Civil Rights Law, or 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:

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.4 Papers filed in court

(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 22 NYCRR § 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.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.4-a Electronic Filing in the District Courts Outside the City of New York

(a) Application. Electronic filing and service of documents shall be authorized in the District Courts in such actions and in such counties as may be authorized by order of the Chief Administrator of the Courts, and only to the extent and manner provided in this section. Such authorization may provide for either mandatory or consensual participation in electronic filing programs.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.4-a Electronic Filing in the District Courts Outside the City of New York

(b) Electronic Filing in Actions in the District Courts. (1) Except as otherwise provided in this section, sections 202.5-b and 202.5-bb of the Uniform Civil Rules of the Supreme Court and the County Court (22 NYCRR §§ 202.5-b and 202.5-bb), where applicable, shall apply to all actions in which electronic filing is authorized in the District Courts. References in those sections to the Chief Clerk of the Supreme Court or Clerk of the Court shall be deemed to mean the Chief Clerk of the applicable District Court, and references to the CPLR shall be deemed to include, where relevant, the Uniform District Court Act (“UDCA”) and the Real Property Actions and Proceedings Law (“RPAPL”).

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.4-a Electronic Filing in the District Courts Outside the City of New York

(2) Where an action is commenced by electronic filing pursuant to this section, the original proof of service required by UDCA § 409 shall be filed with the Clerk of the Court by filing through the NYSCEF site. Service shall be complete as provided in UDCA § 410.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.4-a Electronic Filing in the District Courts Outside the City of New York

(2) Parties participating in e-filing shall not be required to submit working copies of documents filed electronically.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.5 Submission of papers to judge

All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or at the clerk's office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity. All papers for any judge that are filed in the clerk's office shall be promptly 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 index number of the action in which they are filed, and the name of the attorney or party submitting them.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.7 Pleadings

(a) Except as required by statute, a formal pleading may be dispensed with in any case in which the party required to serve the pleading appears in person, and an order to that effect may be entered ex parte by the judge presiding at the appropriate motion part, upon application to the clerk, who shall refer the same to such judge. Any other party may move at the appropriate motion part to modify or vacate such ex parte order.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.7 Pleadings

(d) A defendant's time to move or answer may be extended by ex parte order no more than once, and for no longer than 10 days beyond the expiration of the original time to answer, and only if there has been no previous extension by consent. All further applications for extensions shall be made by motion upon notice returnable in the part designated to hear motions on notice.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.10 Calendaring of motions; uniform notice of motion form

(b) The notice of motion set forth in subdivision (a) of this section shall not be required for the return of an order to show cause or an application for ex parte relief.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.11 Motion parts; motion calendars; motion procedure

(a) Motion parts and calendars. There shall be such motion parts and motion calendars as the Chief Administrator of the Courts may designate. (b) Motion procedure. (1) All contested motions and proceedings shall be returnable at 9:30 a.m., unless an earlier time is directed by the court. The moving party shall serve copies of all affidavits and briefs upon the adverse parties at the time of service of the notice of motion. The answering party shall serve copies of all affidavits and briefs as required by CPLR 2214. Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of the relevant law. Unless otherwise directed by the court, answering and reply affidavits and all other papers required to be furnished to the court by CPLR 2214(c) must be filed no later than the time of argument or submission of the motion.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.11 Motion parts; motion calendars; motion procedure

(3) Unless oral argument has been requested by a party and permitted by the court, or directed by the court, motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the return date. Attendance by counsel at the calendar call shall not be required unless (i) a party intends to make an application to the court that is not on the consent of all parties, (ii) attendance of counsel or oral argument is directed by the court, or (iii) oral argument is requested by a party. Attendance by counsel for a party not requesting oral argument is not required where the hearing of oral argument is based solely on the request of another party. A party requesting oral argument shall set forth such request in the notice of motion or on the first page of the answering papers, as the case may be. A party requesting oral argument on a motion brought on by an order to show cause shall do so as soon as practicable before the time the motion is to be heard.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.14 Calendar default; restoration; dismissal

(3) if no party appears, the judge may strike the action from the calendar or make such other order as appears just. (c) Actions stricken from the calendar may be restored to the calendar only upon stipulation of all parties so ordered by the court or by motion on notice to all other parties, made within one year after the action is stricken. A motion must be supported by affidavit by a person having firsthand knowledge, satisfactorily explaining the reasons for the action having been stricken and showing that it is presently ready for trial.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.14 Calendar default; restoration; dismissal

(d) If an order of restoration is granted, it shall provide that a new notice of trial be filed forthwith and that the case be placed on the general trial calendar in its regular place as of the date of filing the new notice of trial, unless the court in its discretion orders otherwise. A copy of the order shall be served on the calendar clerk, and the case shall receive a new calendar number followed by the letter "R" to designate the case as having been restored. If a restored case is not ready when reached, it shall forthwith be dismissed or an inquest or judgment ordered as provided in subdivision (b) of this section.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.14 Calendar default; restoration; dismissal

(e) Applications to restore an action to the ready calendar in the event of a reversal or a direction of a new trial by an appellate court shall be made returnable in the appropriate motion part, except that if all parties do not appear by attorney, the clerk shall, without formal application, restore the action to the ready calendar.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.14-a Proof of Default Judgment in Consumer Credit Matters (Uniform Civil Rules for the District Courts)

(4) Credit agreement means a copy of a contract or other document governing the account provided to the defendant evidencing the defendant’s agreement to the debt, the amount due on the account, the name of the original creditor, the account number, and the name and address of the defendant. The charge-off statement or the monthly statement recording the most recent purchase transaction, payment or balance transfer shall be deemed sufficient evidence of a credit agreement.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.17 Notice of trial where all parties appear by attorney

(a) The notice of trial filed by any party pursuant to UDCA 1301 shall be accompanied by a certificate of readiness, with proof of service on all parties, in the form prescribed by this section. The notice of trial shall include the index number, name, office address and telephone number of each attorney and pro se party who has appeared, and the name of any insurance carrier acting on behalf of any party.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.18 Calendars of triable actions

(c) Reserve Calendars. A reserve calendar is for actions in which a notice of trial, conforming to section 1301 of the UDCA, and certificate of readiness have been filed. Upon the filing of such notice in any action with the clerk, at least 10 days before the day fixed for trial, the action shall be placed at the end of either the reserve jury trial calendar or the reserve nonjury trial calendar, as the case may be. Where an action is placed on a reserve nonjury trial calendar but subsequently a demand for a trial by jury is timely served and filed, the action shall immediately be transferred to the end of the reserve jury trial calendar. Once placed on a calendar, the action shall remain thereon until disposed of, stricken, transferred or otherwise removed. The calendars shall be deemed continuous and no change in the order of original placement shall be made, except as provided in this Part, by court order or as may be required by provisions of law.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.18 Calendars of triable actions

(f) Military Calendar. A military calendar shall be utilized to hold in suspense any action that cannot reasonably be tried because a party or witness is in military service. When it shall appear to the satisfaction of the judge presiding that a party to an action or a witness necessary upon the trial is in military service, and is not presently available for trial, and that a deposition cannot be taken, or, if taken, would not provide adequate evidence, the case shall be designated "military" and transferred to a military calendar.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.21 Objections to applications for special preference

(b) In any action which has been accorded a preference in trial upon a motion filed with the clerk, the court shall not be precluded, on its own motion at any time thereafter, from restoring the action to its regular calendar position on the ground that the action is not entitled to a preference under these rules.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.25 Engagement of counsel

No 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).

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.31 Restoration after jury disagreement, mistrial or order for new trial

An action in which there has been an inability by a jury to reach a verdict, a mistrial or a new trial granted by the trial judge or an appellate court shall be restored to the ready calendar by filing a notice thereof with the appropriate clerk.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.34 Absence or disqualification of assigned judge

(a) Whenever a judge is temporarily absent from a multipart court, proceedings in progress or scheduled for appearance in the part presided over by that judge shall be reassigned or otherwise handled by the calendar judge, or the administrative judge if no calendar part has been established. If the judge presiding is unavailable or unable to act for more than two court days in succession, the administrative judge having direct supervisory authority over the court shall make whatever arrangements are necessary to accommodate the proceedings assigned to the judge.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.39 Procedures for the enforcement of money judgments under CPLR article 52

(a) All subpoenas and processes for the examination of judgment debtors or other persons, including garnishees, in connection with the enforcement of money judgments, as well as adjournments thereof if made returnable in the court, shall be returnable in such motion part as may be designated by the Chief Administrator of the Courts.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.39 Procedures for the enforcement of money judgments under CPLR article 52

(b) All subpoenas and processes for the examination of judgment debtors or other persons, including garnishees, if made returnable in the court, shall be filed with the clerk of the appropriate motion part with proper affidavits of service, at least two court days before the return day, except where service was made too late for filing within such time, in which event filing before the hour of the return shall suffice and the clerk shall list all such upon the calendar. Stipulations of adjournments, if attendance in court on the adjourned date is required, shall be similarly filed. Unless so filed, the names of the parties shall not be called; nor shall any such names be called unless they appear on a written or typewritten calendar. The judge presiding may, upon proper proof by affidavit showing good cause for the failure to file in accordance with this rule, add any matter to the calendar.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.39 Procedures for the enforcement of money judgments under CPLR article 52

(c) No adjournment of an examination shall be valid unless reduced to writing and a copy thereof delivered to the judgment debtor or other person, including a garnishee, at the time of such adjournment and his acknowledgment of the receipt thereof is endorsed on the original.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.39 Procedures for the enforcement of money judgments under CPLR article 52

(d) There shall be no more than two adjournments of the examination of a judgment debtor or other person, including a garnishee, unless such additional adjournment is approved and such approval is noted on the papers by the judge presiding at a motion part.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.39 Procedures for the enforcement of money judgments under CPLR article 52

(f) Every subpoena or other process providing for the examination of a judgment debtor or other person, including a garnishee, in addition to the other requirements of CPLR 5223, shall have endorsed on its face, in bold type, the words: "This subpoena or process (as the case may be) requires your personal appearance at the time and place specified. Failure to appear may subject you to fine and imprisonment for contempt of court."

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.41 Small claims procedure

If you wish to present a counterclaim against the claimant, you must do so by filing with the Clerk of the Court a statement containing such counterclaim within five days of receiving this notice of claim. At the time of such filing you must pay the Clerk a filing fee of $3.00 plus the cost of postage to send your counterclaim by first class mail to the claimant. If you fail to file a counterclaim within this five- day period, you retain the right to file the counterclaim until the time of the hearing, but the claimant may request and obtain an adjournment of the hearing to a later date.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.41 Small claims procedure

(h) If at the hearing it shall appear that the defendant has a counterclaim in an amount within the jurisdiction of the part for the hearing of small claims, the judge may either proceed forthwith to hear the entire case or may adjourn the hearing for a period of not more than 20 days, or as soon thereafter as may be practicable, at which adjourned time the hearing of the entire case shall be had. An adjournment shall be granted at the request of the claimant if the defendant did not file the counterclaim with the court within five days of receiving the notice of claim.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.41-a Commercial claims procedure

(h) If at the hearing it shall appear that the defendant has a counterclaim in an amount within the jurisdiction of the part for the hearing of small claims, the judge may either proceed forthwith to hear the entire case or may adjourn the hearing for a period of not more than 20 days or as soon thereafter as may be practicable, at which adjourned time the hearing of the entire case shall be had. An adjournment shall be granted at the request of the claimant if the defendant did not file the counterclaim with the court within five days of receiving the notice of claim.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.41 Small claims procedure

(k) The undertaking to be filed by a defendant desiring a jury trial shall be in the form prescribed by the relevant provisions of article 25 of the CPLR. (l) All motions pertaining to small claims shall be made returnable at a part and session appointed for the hearing of small claims, except that a motion to remove a case from the small claims part shall be made returnable in the appropriate motion part in the county division of the court in which the action is pending, and shall be in accord with the rules of the UDCA generally applicable to motion practice.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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Section 212.41-a Commercial claims procedure

(k) The undertaking to be filed by a defendant desiring a jury trial shall be in the form prescribed by the relevant provisions of article 25 of the CPLR. (l) All motions pertaining to commercial claims shall be made returnable at a part and session appointed for the hearing of commercial claims, except that a motion to remove a case from the commercial claims part shall be assigned to a judge in the manner authorized by the Chief Administrator.

Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.

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