New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter I - Standards and Administrative Policies
Subchapter A - Rules Of The Chief Judge
Part 37 - Costs And Sanctions
Section 37.1 - General
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 37.1
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The Chief Administrator of the Courts, with the advice and consent of the Administrative Board of the Courts, shall adopt rules providing for costs and sanctions as follows:
(1) in
civil actions and proceedings in any trial or appellate court in the Unified
Court System: providing for the award of costs, including reasonable attorney's
fees, or the imposition of financial sanctions, or both, for frivolous conduct
in litigation by any party or attorney; and
(2) in actions and proceedings in any
trial or appellate court in the Unified Court System: providing for the award
of costs, including reasonable attorney's fees, or the imposition of financial
sanctions, or both, upon an attorney, who, without good cause, fails to appear
at a time and date scheduled for an action or proceeding to be heard before a
designated court.
(b) The rules shall include:
(1) a definition of frivolous
conduct (civil cases);
(2) the factors to be considered in
determining whether costs or sanctions should be awarded or imposed;
(3) a provision that the
awarding of costs or imposition of financial sanctions by a court may be upon
motion or upon the court's own initiative;
(4) a maximum monetary limit on
sanctions;
(5) the
opportunity to be heard before costs or sanctions are awarded or imposed;
and
(6) a requirement
that reasons for the award of costs or imposition of sanctions be set forth in
writing or on the record.
(c) The rules may provide that, as appropriate, financial sanctions may be made payable to the Lawyers' Fund for Client Protection established pursuant to section 97-t of the State Finance Law or payable to the court.
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