§ 15-04 Hearings.
RCNY § 15-04
(a)Consolidation and severance of Hearings. In the furtherance of justice, efficiency or convenience, all or portions of separate cases may be consolidated for Hearing. Additionally, portions of a single case may be severed for separate Hearing. Cases may be consolidated or severed at the discretion of the Deputy Commissioner of Trials.
(b)Witnesses and documents. Attorneys for parties to the proceedings shall have the right to subpoena witnesses. Pro Se parties shall have the right to request that the Deputy Commissioner of Trials issue a subpoena on their behalf. The parties are responsible for having their witnesses available on the Hearing date. Parties intending to introduce documents into evidence shall provide sufficient copies to the Deputy Commissioner of Trials and other parties.
(c)Interpreters. A party in need of an interpreter at a Scheduling Conference or Hearing shall advise the Deputy Commissioner of Trials of such need as soon as possible. The Deputy Commissioner of Trials may, within discretion, accept as an interpreter any person who can provide a fair and accurate translation.
(d)Failure to appear. If the respondent fails to appear at the Hearing personally or by authorized representative, without good cause, the Deputy Commissioner of Trials may conduct a Hearing in the respondent's absence. If the respondent does not appear, the Deputy Commissioner of Trials shall determine whether to hold an Inquest Hearing or proceed upon written submissions of the parties. Additionally, the Deputy Commissioner of Trials may determine that no further proceedings shall be necessary.
(e)Hearing evidence.
(1)Compliance with the technical rules of evidence shall not be required. Hearsay shall be admissible and may form the sole basis for making findings of fact, when consistent with existing law. Additionally, principles of civil practice and the rules of evidence may be applied, where necessary, to insure an orderly proceeding, an accurate record and to aid in the formulation of Findings of Fact. Hearing sequence may be altered by the Deputy Commissioner of Trials for the convenience of the attorneys, parties, witnesses and Deputy Commissioner of Trials. Substantial prejudice shall not result to any party as a result of change in Hearing sequence. Findings of Fact shall be made exclusively on the record as a whole.
(2)The Deputy Commissioner of Trials may limit examination, the presentation of testimonial, documentary or other evidence, and submission of rebuttal evidence. Objections to evidence offered or to other matters will be noted in the transcript. Exceptions need not be taken to rulings made over objections. The Deputy Commissioner of Trials may call or question witnesses directly.
(3)Parties shall be entitled to make opening statements. Closing statements may be made orally or in writing at the discretion of the Deputy Commissioner of Trials. On motion of the Deputy Commissioner or the parties, the Deputy Commissioner of Trials may permit written post-hearing submissions including legal briefs, proposed findings of fact, conclusions of law or any other relevant documents.
(4)Except for ministerial matters, and except on consent, or in an emergency, communications with the Deputy Commissioner of Trials concerning a case shall only occur with all parties present. If the Deputy Commissioner of Trials receives an "ex parte" communication concerning the merits of a case to which he or she is assigned, then he or she shall promptly disclose the communication by placing it on the record, in detail, including all written and oral communications and identifying all individuals with whom he or she has communicated. A party desiring to rebut the "ex parte" communication shall be allowed to do so upon request.
(f)Official notice. The Deputy Commissioner of Trials may take official notice of any fact which may be judicially noticed by the courts of New York State. Notice may be taken before or after submission of a case for decision on request of a party or "sua sponte".
(g)Public access to hearings. Hearings shall be open to the public unless the Deputy Commissioner of Trials finds a legally recognizable ground for closure of all or a portion of the Hearing. The Deputy Commissioner of Trials may also exclude witnesses from the Hearing room during proceedings other than their own testimony.
(h)Disposition by settlement. Unless precluded by law, informal disposition may be made of any matter which is the subject of an adjudication by methods of alternative dispute resolution, stipulation, agreed settlement, or consent order.
(i)Transcripts. Hearings shall be stenographically recorded. A copy of the transcript or record, or any part thereof, shall be made available to any party to the Hearing for a reasonable cost upon request.
