Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to judiciary |
Feb 26, 2013 |
referred to judiciary |
Senate Bill S3897
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2013-S3897 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R2104, CPLR
- Versions Introduced in 2011-2012 Legislative Session:
-
S3676
2013-S3897 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3897 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to stipulation of settlement PURPOSE: To make a technical correction to provisions of Chapter 62 of the Laws of 2003, in relation to Rule 2104 of the Civil Practice Law and Rules, in order to maintain the privacy of terms between two settling parties. JUSTIFICATION: Section 28 was added to the 2003 budget in an effort to increase revenue for the judiciary. The filing of a stipulation of settlement, however, has the potential for the unintended consequence of making settlement agreements public. Often parties in the middle of litigation come to an agreement prior to trial in order to avoid making public a verdict or court opinion. The fact that the terms of a settlement may not be divulged in a court document is often an impetus for settlement. To require parties to file a stipulation agreement, setting forth the terms of the stipulation, frustrates a fundamental purpose of settling, which is to maintain the confidentiality of the terms themselves. While maintaining the fee, this bill clarifies Rule 2104 by requiring only a notification be given to the clerk that a settlement has been reached; Parties shall not be required to submit the terms of the settlement.
2013-S3897 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3897 2013-2014 Regular Sessions I N S E N A T E February 26, 2013 ___________ Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to stipu- lation of settlement THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Rule 2104 of the civil practice law and rules, as amended by section 28 of part J of chapter 62 of the laws of 2003, is amended to read as follows: Rule 2104. Stipulations. An agreement between parties or their attor- neys relating to any matter in an action, other than one made between counsel in open court, is not binding upon a party unless it is in a writing subscribed by [him] THE PARTY, or [his] THE PARTY'S attorney or reduced to the form of an order and entered. With respect to stipu- lations of settlement [and notwithstanding the form of the stipulation of settlement, the terms of such stipulation shall be filed by], the defendant SHALL FILE THE STIPULATION OF SETTLEMENT with the county clerk. THE STIPULATION OF SETTLEMENT SHALL ONLY BE REQUIRED TO PROVIDE THE PARTIES' AGREEMENT TO SETTLE. THE PARTIES SHALL NOT BE REQUIRED TO SUBMIT THE TERMS OF THE SETTLEMENT. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08254-02-3
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.