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A01864 Summary:

BILL NOA01864
 
SAME ASSAME AS S02715
 
SPONSORHawley
 
COSPNSRAngelino, Gallahan
 
MLTSPNSR
 
Amd R5016, CPLR
 
Enacts the court order protection act.
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A01864 Actions:

BILL NOA01864
 
01/23/2023referred to judiciary
01/03/2024referred to judiciary
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A01864 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1864
 
SPONSOR: Hawley
  TITLE OF BILL: An act to amend the civil practice law and rules, in relation to enact- ing the court order protection act   PURPOSE OF BILL: To clarify a court's responsibility in the case of judgment entry and a debtor's responsibility in the case of. a court ordered payment.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Rule 5016 of the civil practice law and rules, subdivision (d) is amended to require that a judgment must be entered immediately upon issuance. A new subdivision (e) Is added which requires the Chief Administrative Judge of the State of New York to create a document that outlines payment of awards ordered by courts of the State. A debtor must complete the document issued and signed by both the plaintiff and defendant, notarized and kept on file with the court.that indicates that either, immediate payment is being made, that a definitive payment sche- dule is being arranged, or that payment will be made in either of these forms after the completion of the appeals process. Subdivisions (d) and (e) are re-lettered subdivisions (f) and (g)- Section 2. Effective Dates.   JUSTIFICATION: When a court issues-an order requiring a party to a lawsuit to pay damages to another party, this is usually not the end of the conflict. The winning party must still figure out how to collect•the judgment from In many cases, the losing party simply walks away and never pays what is owed. The creditor finds that winning the lawsuit almost means nothing when he or she cannot collect on the judgment; This bill would he ensure that more judgments are paid by requiring the parties to fill out a document stating how payment will be made at the time the order is entered. Furthermore, the law does not currently require judgments to be entered, or filed, by the court within any certain time period after they are issued. Because the 30 day time period, within which a party must file an appeal does not begin to run until judgment is.entered, judgments are allowed to go uncollected for long periods of time. This bill would require courts to enter judgments. immediately after issu- ance, allowing the 30 day time period for an appeal to also begin imme- diately. By requiring the order to be entered immediately upon issuance, the bill ensures that the document stating how payment will be. made is also filed immediately. Such document will allow the parties to confirm that payment has been made on the spot or that a payment scheduled has been agreed to.   LEGISLATIVE HISTORY: 06/05/2012 - A.8923 - held for consideration in judiciary 05/28/14 held for consideration in judiciary 05/17/16 held for consideration in judiciary A4024 A15B7 - 05/31/18 held for consideration in judiciary A1732 - 07/14/2020 held for consideration in judiciary A2270 - 01/05/22 referred to judiciary   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal impact to, the State associated with possible litigation avoid- ance through concise resolution of payment between creditors and debtors.   EFFECTIVE DAME: This act shall take effect immediately; provided that the amendments to subdivision (e) of rule 5016 of the civil practice law.and rules made by section three of this act shall take effect 90 days after this act shall have become a law.
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A01864 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1864
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  HAWLEY,  ANGELINO, GALLAHAN -- read once and
          referred to the Committee on Judiciary
 
        AN ACT to amend the civil practice law and rules, in relation to  enact-
          ing the court order protection act
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may  be  cited  as  the  "court
     2  order protection act".
     3    § 2. Rule 5016 of the civil practice law and rules, subdivision (d) as
     4  amended  by  chapter  93  of  the  laws  of  1970, is amended to read as
     5  follows:
     6    Rule 5016. Entry of judgment. (a) What constitutes entry.  A  judgment
     7  is  entered  when, after it has been signed by the clerk, it is filed by
     8  him.
     9    (b) Judgment upon verdict.   Judgment upon the general  verdict  of  a
    10  jury  after  a  trial  by jury as of right shall be entered by the clerk
    11  unless the court otherwise directs; if there is a special  verdict,  the
    12  court shall direct entry of an appropriate judgment.
    13    (c)  Judgment upon decision.  Judgment upon the decision of a court or
    14  a referee to determine shall be entered by the clerk as directed  there-
    15  in.    When  relief  other  than for money or costs only is granted, the
    16  court or referee shall, on motion, determine the form of the judgment.
    17    (d) Period of entry. Judgment must be entered immediately  upon  issu-
    18  ance.
    19    (e)  Documentation  of  payment. The chief administrative judge of the
    20  state of New York will create a document that outlines payment of awards
    21  ordered by courts of the state. The document will  then  be  distributed
    22  electronically, or by other means as determined by the chief administra-
    23  tive judge, for use by courts of the state.
    24    (f)  After  death of party.   No verdict or decision shall be rendered
    25  against a deceased party, but if a party dies before entry  of  judgment

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00068-01-3

        A. 1864                             2
 
     1  and  after  a verdict, decision or accepted offer to compromise pursuant
     2  to rule 3221, judgment shall be entered in the  names  of  the  original
     3  parties  unless  the  verdict,  decision  or  offer is set aside.   This
     4  provision  shall  not  bar  dismissal of an action or appeal pursuant to
     5  section 1021.
     6    [(e)] (g) Final judgment  after  interlocutory  judgment.    Where  an
     7  interlocutory  judgment  has  been  directed, a party may move for final
     8  judgment when he becomes entitled thereto.
     9    § 3. Subdivision (e) of rule 5016 of the civil practice law and rules,
    10  as added by section one of this act, is amended to read as follows:
    11    (e) Documentation of payment. 1. The chief administrative judge of the
    12  state of New York will create a document that outlines payment of awards
    13  ordered by courts of the state. The document will  then  be  distributed
    14  electronically, or by other means as determined by the chief administra-
    15  tive judge, for use by courts of the state.
    16    2.  Upon  the  issuance  of  a court order, and the immediate entry of
    17  judgment, in any court of the state of New York, in the case where money
    18  damages of any kind  are  awarded  to  either  party,  the  debtor  must
    19  complete  a document issued and signed by both the plaintiff and defend-
    20  ant, notarized and kept on file  with  the  court  that  indicates  that
    21  either immediate payment is being made, that a definitive payment sched-
    22  ule  is  being arranged, or that payment will be made in either of these
    23  forms after the completion of the appeals process.
    24    § 4. This act shall take effect immediately; provided that the  amend-
    25  ments  to  subdivision  (e)  of  rule 5016 of the civil practice law and
    26  rules made by section three of this act shall take effect 90 days  after
    27  this act shall have become a law.
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