New York Civil Practice
Law & Rules

NYCPLR Article 40

TRIAL GENERALLY

        4001. Powers of referees. 
        4011. Sequence of trial. 
        4012. Marked pleadings furnished. 
        4013. Trial elsewhere than at courthouse. 
        4014. Duration of trial. 
        4015. Time for motion for referee or advisory jury. 
        4016. Opening and closing statements. 
        4017. Objections. 
        4018. Increased damages. 
        4019. Recording in camera interviews of infants.  

  S 4001.  Powers of referees. A court may appoint a referee to
determine an issue, perform an act, or inquire and report in any case
where this power was heretofore exercised and as may be hereafter
authorized by law.  

  Rule 4011. Sequence of trial. The court may determine the sequence in
which the issues shall be tried and otherwise regulate the conduct of
the trial in order to achieve a speedy and unprejudiced disposition of
the matters at issue in a setting of proper decorum.
  
  Rule 4012.  Marked pleadings furnished. The party who has filed the
note of issue shall furnish the judge who is to preside at the trial
with copies of each pleading, where they have not been superseded by the
pre-trial order, plainly marked to indicate which statements are
admitted and which controverted by the responsive pleading.
  
  Rule 4013. Trial elsewhere than at courthouse. Upon stipulation of the
parties, the judge who is to preside at the trial of an issue may direct
trial in whole or in part at a specified place other than the
courthouse.
  
  Rule 4014. Duration of trial. Notwithstanding the expiration of the
term at which it was commenced, a trial shall continue until it is
completed. 
 

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Article 40 Continued . . .

  Rule 4015. Time for motion for referee or advisory jury. A motion for
trial by a referee or an advisory jury shall be made within twenty days
after note of issue is filed, except where the issue to be tried arises
on a motion or pursuant to a judgment.
  
  Rule 4016. Opening and closing statements. Before any evidence is
offered, an attorney for each plaintiff having a separate right, and an
attorney for each defendant having a separate right, may make an opening
statement. At the close of all the evidence on the issues tried, an
attorney for each such party may make a closing statement in inverse
order to opening statements.
  
  S 4017. Objections. Formal exceptions to rulings of the court are
unnecessary.  At the time a ruling or order of the court is requested or
made a party shall make known the action which he requests the court to
take or, if he has not already indicated it, his objection to the action
of the court.  Failure to so make known objections, as prescribed in
this section or in section 4110-b, may restrict review upon appeal in
accordance with paragraphs three and four of subdivision (a) of section
5501.
  
  Rule 4018. Increased damages. Where increased damages are granted by
statute, the decision, report or verdict shall specify the sum awarded
as single damages, and judgment shall be entered for the increased
amount.
  
  Rule 4019. Recording in camera interviews of infants.  (a) A court
shall not conduct an in camera interview of an infant in any action or
proceeding to fix temporary or permanent custody or to modify judgments
and orders of custody concerning marital separation, divorce, annulment
of marriage and dissolution of marriage unless a stenographic record of
such interview is made.
   (b) If an appeal is taken to the appellate division from a judgment or
order of the court on any such action or proceeding, the stenographic
record of any such interview shall be made a part of the record and
forwarded under seal to the appellate division.