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.