2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 30 - (3001 - 3045) REMEDIES AND PLEADING
R3036 - Court determination.

 
    Rule 3036. Court determination. 1. Except upon a trial under paragraph
  three  of  rule  3034  of  the  issue  of  the making of the contract or
  submission, the rules as to the admissibility  of  evidence,  except  as
  provided  by  statutes  relating to privileged communications, and as to
  procedure shall be dispensed  with  unless  the  court  shall  otherwise
  direct, and shall not apply to or exclude, limit, or restrict the taking
  of any testimony and the adducing of any proof.
    2.  In  any  action  brought  pursuant to the simplified procedure for
  court determination of disputes in which  the  court  shall  be  of  the
  opinion that evidence by an impartial expert would be of material aid to
  the  just  determination of the action, it may direct that such evidence
  be obtained. The fee and expenses of such expert shall be  paid  by  the
  parties as, in its discretion, the court may direct.
    3. Any action or proceeding, other than one brought in accordance with
  the simplified procedure, which presents an issue referable to the court
  for  determination  under  the simplified procedure may be stayed by the
  court in which such action or proceeding is pending, or by  the  supreme
  court.
    4. If the court directs a party to the contract or submission to serve
  a  statement  within a given time, and the party fails to do so, or if a
  party fails to appear upon proper notice, judgment  by  default  may  be
  awarded.
    5.  At  a  pre-trial conference, or at any other time on motion of any
  party or on its own motion, on notice to  the  parties,  and  upon  such
  terms and conditions as in its discretion may seem proper, the court may
  (a) order or allow any party to serve an additional or amended statement
  of  facts; (b) direct pre-trial disclosure of evidence and discovery and
  inspection of books, records and documents; (c)  permit  the  taking  of
  depositions  for use at the hearing; (d) limit or restrict the number of
  experts to be heard as witnesses; (e) clarify and define the  issues  to
  be tried; (f) stay or transfer and consolidate with the action any other
  civil  action  or proceeding pending in any court between parties to the
  action; (g) grant summary judgment in favor of any party as in rule 3212
  provided.
    6. After a statement complying with the requirements of rule  3032  or
  settled in accordance with rule 3034 has been filed, any party may serve
  and file a note of issue. Trial of the action shall commence on the date
  specified  in  such  note  of  issue  or  as  soon  thereafter as may be
  practicable. Completion of  preliminary  procedures  required  by  local
  court  rules  prior to the placing of a case upon the calendar for trial
  shall not be required in actions under the New York Simplified Procedure
  for Court Determination of Disputes.
    7. The judgment roll shall consist of the submission or contract;  the
  statement of claims and defenses; each paper submitted to the court upon
  a motion and each order of the court thereon; a copy of the judgment and
  of each paper necessarily affecting the judgment.
    8.  Those provisions of the civil practice law and rules pertaining to
  venue, entry and enforcement of judgment and the continuance of a  civil
  action  in  case  of the death or incompetency of parties shall apply to
  actions under the simplified procedure.
    9. Costs and  disbursements  may  be  awarded  by  the  court  in  its
  discretion.  If  awarded,  the  amount  thereof  must be included in the
  judgment.