R3036 - 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.