Effective: August 31, 2022
22 NYCRR 202.34
Section 202.34. Pre-Marking of Exhibits
Currentness
Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection. Unless otherwise directed by the court, prior to the commencement of the trial, each side shall mark its exhibits into evidence, subject to court approval, as to those to which no objection has been made. All exhibits not consented to shall be marked for identification only. If the trial exhibits are voluminous, counsel shall consult the clerk of the part for guidance. The court should rule upon the objections to the contested exhibits at the earliest possible time. Exhibits not previously demanded which are to be used solely for credibility or rebuttal need not be pre-marked.
Robert F. Elliott, Esq.
Senior Partner | BARTLETT LLP
3 Huntington Quadrangle,Suite 304S Melville,NY 11747
Direct: 516.214.5138 | Main: 516.877.2900 | Cell: 516.353.1042
robert.elliott@bartlettllp.com
[cid:image002.png@01DCD318.FE6F11C0]
[cid:image003.jpg@01DCD318.FE6F11C0]
NASSAU | WESTCHESTER | SUFFOLK | NEW YORK CITY | ROCKLAND | FLORIDA
NOTE: This e-mail message (including attachments) is subject to attorney-client privilege and contains confidential information intended only for the person(s) to whom this email message is addressed. This e-mail may be covered by the Electronic Communications Privacy Act, 18 U.S.C. *2510-2521, which provides criminal penalties for your use of this email without permission. This message may contain Protected Health Information covered under HIPAA Rules and HITECH Standards including, but not limited to, all applicable requirements of the HIPAA Security rule in 45 C.F.R. ** 164.308, 164.310,164.312 and 164.316, including any amendments thereto. If you have received this e-mail message in error, please notify the sender immediately by telephone or e-mail and destroy the original message without making a copy. Thank you.
From: list
Sent: Wednesday, April 22, 2026 4:33 PM
To: list
Subject: RE: Trial Records Exchange Q
WARNING:
This email is from an [EXTERNAL] sender! Do not click on links or attachments unless you expect them from the sender and know the content is safe!
*** Member’s Message ****
Sender: Robert Martin
Date: 4/22/2026 4:22:45 PM
Uniform Rule 202.34
Robert D. Martin
Partner
London Fischer, LLP
59 Maiden Lane, 39th Floor
New York, New York 10038
New York | New Jersey | California | Florida | Pennsylvania
Cell: (516) 581-9959
Direct: (212) 331-9559
Office: (212) 972-1000
Fax: (212) 972-1030
www.londonfischer.com
[cid:image004.png@01DCD318.FE6F11C0]
This message is being sent from a law firm and may contain information which is confidential or privileged. If you are not the intended recipient, please advise the sender immediately by reply email and delete this message and any attachments and destroy any copies that may have been printed or otherwise saved. Thank you.
From: list >
Sent: Wednesday, April 22, 2026 4:09 PM
To: list >
Subject: Trial Records Exchange Q
** External Email **
This email originated from outside of our organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.
*** Member’s Message ****
Sender: Alan Fumuso
Date: 4/22/2026 3:48:53 PM
Hello All
A quick question. What is the CPLR or Uniform Court Rules section regarding exchanging of bate stamped trial exhibits.
Thanks, Al
Alan J. Fumuso
Partner
Fumuso Christesen LLP
110 Marcus Boulevard, Suite 500
Hauppauge, New York 11788
Office: (631) 232-0200 ext. 110
Cell: (516) 527-1948
This communication, together with any attachments hereto or links contained herein, is for the sole use of the intended recipient(s) and may contain information that is confidential or legally protected. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is STRICTLY PROHIBITED. If you received this communication in error, please notify the sender immediately by return e-mail message and delete the original and all copies of the communication, along with any attachments hereto or links contained herein, from your system.
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware.