N.Y. Civil Practice Law & Rules § 3036: 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.