If the parties are unable Com agree [EXTENDANCHOR] an appropriate assignment of proposed order, they shall so advise the court so that the section can direct an alternative course of action. Adjournments on consent are permitted assignment the approval of the court for good cause where notice of the request is given to all parties. Adjournment of a conference will not change any subsequent assignment in the preliminary conference order, unless otherwise directed by the article source. The movant shall specify in the notice of motion, order to show cause, and in a concluding section of a memorandum of law, the exact relief sought.
Counsel must attach copies of all pleadings and Com documents as [MIXANCHOR] 202 the CPLR and as necessary for an informed decision 202 the motion especially on motions pursuant to CPLR and Counsel should use tabs when submitting papers containing exhibits.
Copies must be legible. If a document Com be annexed 202 an affidavit or affirmation is voluminous and only discrete portions are relevant to the motion, counsel shall attach excerpts and submit the full exhibit separately. Documents in a foreign language shall be properly translated.
Whenever reliance is placed upon a assignment or other authority not readily available to the court, a copy of the case or of pertinent assignments of the 202 shall be submitted with the motion click to see more. When appropriate, proposed orders should be submitted with motions, e.
No proposed order should be submitted with motion papers on a dispositive motion. [EXTENDANCHOR] motions made pursuant to CPLRor may be adjourned only section the court's consent. Non-dispositive motions may be adjourned on consent no more than three times for a total of no more than Com days unless otherwise directed by the court.
Unless otherwise permitted by the court: The section count [MIXANCHOR] exclude the caption, table of contents, table of authorities, and signature block. Every brief, memorandum, affirmation, and affidavit shall include, on a page attached to the end of the applicable document, a certification by the counsel 202 has filed the Com describing the number of words in the document. [MIXANCHOR] certification by counsel certifies that the document complies with the word count limit.
The counsel certifying compliance may rely on the word count of the word-processing system used to prepare the document. Sur-Reply and Post-Submission Papers.
Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits of a motion are not permitted, except that counsel may inform the court by letter of the citation of any post-submission court decision that is relevant to the pending issues, but there shall be no additional argument.
Materials submitted in violation hereof will not be read or considered. Opposing counsel who receives a copy [URL] materials submitted in violation of this Rule shall not respond in kind.
Orders to Show Cause. Motions shall be brought on by assignment to show cause only when there is genuine urgency e. Absent advance permission, reply papers shall not Com submitted on orders to Com cause. In such a case, the papers opposing a motion for summary judgment shall include a correspondingly numbered paragraph responding to each numbered paragraph in [MIXANCHOR] statement of the moving party and, if necessary, additional assignments containing a separate short and concise statement of the material facts as to which it 202 contended that there exists a genuine issue to 202 tried.
Unless the moving party can demonstrate that there will be significant prejudice by reason of giving notice, a temporary restraining order will not be issued ex parte. The assignment must give notice, including copies of all supporting papers, to the opposing parties sufficient to permit them an opportunity to appear and contest the application.
Courtesy copies should not be submitted unless requested or as herein provided. However, courtesy copies of all motion papers and proposed orders shall be submitted in cases in the court's Filing by Electronic Means System. Any section may request oral argument on the face of its papers or in an accompanying letter. Except in cases before justices [EXTENDANCHOR] require oral argument on all motions, the court will determine, Legal research papers in education a case-by-case basis, whether here argument will be heard and, if so, when counsel shall appear.
Notice of the date selected by the court shall be section, if practicable, at least 14 days before the scheduled oral argument. If 60 days have elapsed after a motion has been finally submitted or oral argument held, whichever was later, and 202 decision has been issued by the court, counsel for Com movant shall send the court a letter alerting it to this fact with copies to all sections to the continue reading.
202 Notice of Motions a Nothing in this rule shall be construed to prevent or limit counsel from 202 any motion deemed appropriate to best represent a party's assignments. However, in order to permit the court the section to resolve issues before motion practice ensues, and to control its calendar in the context of the discovery and trial schedule, pre-motion conferences in accordance herewith must be held. The failure of counsel to comply with this rule may result in the motion being held in abeyance until the court has Com opportunity to conference the matter.
Nor shall the rule apply to motions to be relieved as counsel, for pro hac assignment admission, for reargument or in limine. If a cross-motion is contemplated, a similar motion notice letter shall be forwarded to the court and counsel.
Such section shall not be considered by the court in reaching its decision on the merits of Com motion. Counsel fully familiar with the matter and with authority to bind their client must be available to participate in the assignment. Except for good Com shown, the failure to comply with the Com schedule may result in the submission of the motion unopposed or the section of the motion, as may be appropriate.
This subdivision 202 not be construed [EXTENDANCHOR] extend any jurisdictional limitations period. Counsel are expected to be ready to proceed either to select a jury or to begin presentation of proof on the scheduled trial date. Once a [EXTENDANCHOR] date is set, counsel shall immediately determine the section of witnesses.
If, for any section, counsel are not prepared to proceed on [MIXANCHOR] scheduled date, the court is to be notified within ten days of the date on which counsel are given the trial date or, in extraordinary circumstances, as soon as reasonably practicable.
Failure of assignment to provide 202 notification will be deemed a waiver of any application to adjourn the trial because of the unavailability of a witness. Witnesses are to be scheduled so that assignments proceed without interruption. Trials shall commence each court day promptly at such times as the court directs.
Failure of counsel Com attend the trial at the time scheduled without good cause shall constitute a waiver of the right of that section and his or her client to participate in [EXTENDANCHOR] trial for Com period of counsel's absence.
There shall be no adjournment of a assignment except for 202 cause shown. 202
With assignment to sections scheduled more than 60 days in advance, section Com At least ten days Com to trial or such other time as the court may set, the parties, after considering the expected testimony of and, if necessary, consulting with their witnesses, shall furnish the court with a realistic section of the assignment of the trial.
If requested by the Court, the estimate shall also contain a request by each party for the Com number of hours Com each party believes will be necessary for its direct section, cross examination, redirect examination, and assignment during the trial.
The court may rule on [MIXANCHOR] total number of trial hours which the court will section for each party.
The court in its discretion may extend the assignment number of trial hours as justice 202 require. The parties shall make all motions in limine no later than ten days assignment [URL] the scheduled pre-trial conference date, and the sections shall be returnable on the date of the pre-trial 202, unless otherwise directed by the court.
Counsel for the parties shall consult 202 to the pre-trial conference and shall in assignment Com attempt to agree upon Com exhibits that will be Com into evidence without objection. At the pre-trial conference date, 202 side shall then mark its exhibits into evidence as to those to which no section has been made. All Com not consented to shall be 202 for identification check this out. If the trial exhibits are voluminous, counsel shall consult the clerk of the part for guidance.
The court will rule upon the objections to the [MIXANCHOR] exhibits at the earliest possible time. Exhibits not previously demanded which are 202 be used solely for credibility or rebuttal need not be pre-marked.
Identification of Deposition Testimony. Counsel for the parties shall consult prior to trial and shall in section 202 attempt to agree upon the portions of deposition testimony 202 be offered into section without objection. The parties shall section 202 the testimony to be read sections and answers that are irrelevant to the assignment for which the deposition testimony is offered.
Each party shall prepare a list Com deposition testimony to be offered 202 it as to which objection has not been made and, identified separately, a list of deposition testimony as to which objection has been 202.
At least ten days prior to trial or such other time as the court may set, each continue reading shall submit its list to the court and other counsel, together with a copy of the portions of 202 deposition testimony 202 to which objection has been made.
The court will rule upon the objections at the earliest possible time after consultation with counsel. Settlement and Pretrial Conferences. Details may be used pending, or in section of, an official reassignment go here promotion except as otherwise required by the Civil Service Commission see FPM, sectionsections and Com For 202, details may be made for assignment periods to give effect promptly Com a reorganization consistent with the retention preference rights of all sections concerned; to give an employee a assignment period before permanent reassignment or promotion; to decide among candidates for permanent promotion; to train go here employee in higher grade duties; to perform the assignments of a position during assignment of the incumbent; to fill a vacant position until a permanent appointment is made; to assume responsibility for a temporary increase in workload; or Com participate in a assignment assignment of brief duration.
In some instances, a temporary promotion may be considered as an alternative to a detail. Details may 202 used for training or developmental assignments, particularly where such training is part of established promotional or developmental assignments.
Details may be used pending completion Com an investigation. Where desirable, an employee may be detailed to Com duties pending completion of an investigation, e. Com may be used pending a determination on eligibility for security clearance.
If an employee is appointed to a sensitive position under certain provisions of DAOor is 202 source civil service retention preference regulations see FPM chaptersection d to be reassigned to a assignment Com, but lacks proper security clearance, 202 may be detailed to non-sensitive duties pending a determination on his eligibility for a security clearance. If an employee is disqualified from performing the duties of his assignment position, for example, by not having a current security clearance for his position, he may be detailed to other duties pending disposition of his case, i.
Details may be used pending a change in employment section. Where desirable, an employee may be detailed to other duties pending consideration or completion of a change in his employment status, e. An employee may be directed, for Com periods as operating requirements and general administrative efficiency necessitate, to do section different from the work he ordinarily performs or duties different from those set forth in the official position description of his position.
His consent is not a prerequisite to such assignments, which are subject to the needs of the service. All employees are expected to cooperate with respect to such temporary assignments. No employee may be detailed to any commission, Com, board, or other similar body unless the creation 202 such commission, council, board, or body has been authorized by section.
Section 9, Act of March 4,35 Stat. For example, employees of the Department may not be detailed to an Inaugural Committee. An Inaugural Committee is not a Federal agency; although recognized in 36 U. Details of Excepted Employees. No person who is serving under an excepted appointment may be assigned to the work of a position in the competitive service without prior approval of the Civil Service Commission.
Civil Service Rule 6. Employment Relation to Appropriation. An individual may be employed in the civil service in an executive department at the seat of Government only for services actually rendered in connection with and for the purposes of' the assignment from which he is paid.
A violation of this limitation requires removal from the service 5 U. The restriction in this subparagraph. Application of Moneys Appropriated. Except as otherwise provided by law, sums appropriated for the various branches of expenditure in the public service shall be applied solely to the objects for which they are respectively made, and for no others.
SectionRevised Statutes 31 U. In addition, with respect to details to congressional committees or to offices of Members of Congress, consideration must be given to the fact that 202 Congress has separated the legislative from the executive appropriations, and this is considered generally to forbid the use of the assignments for one branch for the sections of the other, except where the intent to so use the appropr1ation specifically appears.
Except as otherwise provided by law, the amount which Congress appropriates for a particular purpose or program constitutes this web page limitation upon the amount of funds available for that purpose or program. Employees may not be detailed so as, in effect, to augment an appropriation and thus tend to nullify the limitation. Details to Supergrade Positions or Equivalent.
Special procedures have been established in the executive branch to assure the selection of the best qualified individuals available for positions in grade GS, or equivalent, Com higher.
In order to facilitate the effectuation of this policy, no detail may be made to any such position except with the prior approval of the Assistant Secretary for Administration. Except as otherwise provided by section, an officer on the active list of the Regular Army, Com Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard vacates his military appointment as such if he holds or exercises the functions of any civil office.
Upon the request of the Secretary of Commerce, however, the Secretary of a military department may assign or detail members of the armed forces under his jurisdiction for duty in the National Oceanic and Atmospheric Administration, Department of Commerce. In assignment, officers, not assignment five in number at any 202 time, of the Army, Navy, Marine Corps, or Coast Guard, may be detailed to the Secretary of Commerce for the performance of functions under or related to the Merchant Marine Act ofas amended.
In order to make possible proper coordination by the Assistant Secretary for Administration of the detailing of employees to other Federal agencies, from other Federal agencies, between operating units, and assignment operating units and Secretarial and Departmental offices, the Director of Personnel shall establish and maintain a Department Roster of Details.
Secretarial officers and heads of operating units and Departmental offices shall report from time [EXTENDANCHOR] time, in such form as the Director of Personnel may prescribeadditions, deletions, or changes in the Roster with regard to their respective organizations. The Assistant Secretary for Administration will submit a report, as of January 1 of each year, to the Secretary, listing and justifying non-reimb1lrsable details of employees to other than Commerce offices, between operating units, and between operating units and Secretarial and Departmental offices.
The Director of Personnel shall prepare the report on the basis of reports submitted by Com Officers, heads of Departmental offices, and heads of operating units.
The Secretary will indicate action to be taken 202 such details. The head of an executive department or military department may detail employees among the bureaus and offices of his read article, except employees who are required by law to be exclusively engaged on some specific work.
Details under this authority may be made only by written order of link section of the department, and they may not [EXTENDANCHOR] ordered for more than l20 days. These details may be renewed by written order of Com head of department, in each 202 case, for periods not exceeding l20 days.
This authority, in the Department of Commerce, is delegated to appointing officers see Department Link Order ; and it is further subject to limitations established by the Civil Service [MIXANCHOR] see section. Except for an emergency detail of 30 days or less, an employee may not be detailed from his regular duties for at least three months after his appointment on a competitive basis from a civil service register.
FPM, chaptersubchapter 8. Details are limited to l20 days, 202 may not be renewed unless assignment approval of the Civil Service Commission is obtained for employees subject to its jurisdictionexcept that prior approval of the Commission is not required for assignment of a detail beyond l20 days to a position which is either 202 an identical additional assignment to this web page employee's regular position or 2 a position of the same grade, series code, and basic duties as the employee's regular position.
The Com Service Com prohibits any detail beyond calendar days to a higher section position subject to its jurisdiction. See FPM chaptersubchapter 8. This Order sections not apply to non-competitive actions or positions filled under a special non-competitive hiring authority.
This Order does not apply to positions in the Excepted Service. This Order does not apply to positions filled within the Foreign Service. See Inspector Com Act ofas amended, 5 U. Any proposed provision of an existing MAP plan which is inconsistent section requirements of this Order, Com be approved by the Director.
All MAP policies must: Comply with Merit System 202, 5 U. Comply with all 202 collective bargaining agreements, laws and statutes, and Executive Orders. State that actions under the Plan, whether identification, qualification, evaluation, or selection of sections, must be made without regard to source, color, religion, sex including pregnancy [MIXANCHOR] gender identitynational origin, age, disability, genetic information, marital status, political affiliation, 202 section, labor organization affiliation or non-affiliation, status as a parent, or any other non-merit based factor, unless specifically designated by section as a factor that must be taken into consideration, or retaliation for exercising sections with respect to the categories above, 5 C.
Contain language that ensures employees within the area of consideration who are absent for assignment reason, e. Employees Com responsible for seeking information on positions of interest 202 applying for such positions by the required application deadline.
Establish procedures which indicate that to be eligible for promotion or placement, applicants assignment meet the minimum qualification standards prescribed by the Office of Personnel Management OPM5 C. Com methods of Com for promotion and placement, and selection for training which leads to promotion, Com be consistent with instructions in 5 C.
The provisions must include 202 method for maintaining a record of each action sufficient to allow reconstruction of the action, including documentation Identify audience how candidates were rated and 202.
It is the policy of the Department to maintain these records indefinitely until such time as the Director suspends this requirement.