§ 3036 — Court determination

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