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I. LIMITATIONS ON RECOVERY
Any recovery by the plaintiff(s) is limited to the insurance coverage of the defendant(s). Defendant(s) shall provide coverage information in a separate writing prior to the execution of this agreement. The parties may stipulate to a recovery in an amount less than the insurance coverage, and may also stipulate to a recovery in an amount not less than and not greater than stated parameters, provided that such stipulation is in writing and the greater amount stipulated does not exceed the available insurance coverage. The amount(s) of insurance coverage or stipulated recovery parameters shall not be disclosed by any party to the Judge presiding at the trial of this matter.
II. NO RIGHT TO APPEAL
The parties agree to waive costs and disbursements and further agree to waive the right to appeal from the determination of this matter by the presiding Judge. Written Findings of Fact and Conclusions of Law shall not be required. Following the determination, the parties shall not enter judgment but shall instead exchange General Releases and Stipulations of Discontinuance.
III. EVIDENTIARY MATTERS
(a) The NJTIP shall use the following rules of evidence, derived from the American Arbitration Association Rules for Accident Claims as amended and effective on January 1, 1994.
(1) The parties may officer such evidence as in relevant and material
To the dispute. Conformity to legal rules of evidence shall not be
necessary, subject to the provisions relating to documentary
evidence set forth below. Examination before Trial testimony of a
party may be offered by any opposing party, however a party shall
not be permitted to offer his/her own Examination before Trial
testimony except as provided by the CPLR. In automobile
accident cases, a party may offer the Police Report as well as the
MV-104 of any party.
(2) The parties may offer medical records, including but not limited to
hospital records, treatment records, diagnostic test results and
narrative reports in lieu of medical testimony.
(3) Past and future lost income may be proved by the submission of
documentary evidence from the plaintiff=s employer, including but
not limited to pay stubs, tax returns, W-2 and/or 1099 forms,
provided that such amounts may be calculated with a reasonable
degree of mathematical certainty based solely upon present
income and life expectancy. Any claim of future lost
earnings premised upon inflation, lost opportunity, promotion,
career advancement, or similar theory shall only be proved
by expert testimony or the report of an expert previously
exchanged pursuant to these rules.
(4) In the event a party wishes to offer the testimony of a non-party
eyewitness, such testimony can only be offered by the non-party
Examination before Trial testimony of such witness taken pursuant
to the notice requirements of the CPLR or by producing that
witness at trial.
(5) The Judge shall, where required, issue ASo Ordered@ subpoenas
to secure the attendance of witnesses or the production of documents
as may be requested by any party.
(6) Any party intending to offer documentary evidence upon trial,
including but not limited to accident reports, medical records and
lost income records, shall serve copies of such documentary evidence
upon all parties not less than 20 days before trial, except that it
shall not be necessary to serve any previously exchanged Examination
before Trial Transcripts. Failure to serve such documentary evidence
as required shall result in preclusion of that evidence at the time of
trial.
(7) None of the foregoing shall be construed to prevent a party from
calling witnesses upon trial; however, in the event a party intends
to call an expert witness that party must provide written notice
to all parties of such witness, along with a copy of that expert=s
narrative report(s) not less than 20 days before trial. Failure to
comply with this provision shall result in the preclusion of such
expert witness at the time of trial.
IV. PROCEDURAL MATTERS
(a) The parties agree that all discovery is complete or waived, and the matter is ready for determination.
(b) The signatories to the Transfer Agreement represent that they have the authority of their respective clients and/or insurance carriers into the agreement and such agreement shall be irrevocably binding upon their respective principals.
8)The signatories may stipulate to apportion liability between the parties, provided such stipulation is in writing or made on the record at the time of trial. If in writing, such stipulated apportionment of liability shall be made known to the presiding Judge at the time of trial.
(d) Pre-trial evidentiary issues normally determined by the trial Judge, such as
motions in limine and redaction of documentary evidence, shall be determined in conformance with the applicable rules of evidence by a designated Judge upon the application of any party prior to or at the time of trial.
(e) The Trial of any matter transferred to this part shall be scheduled not less than 45 days after the execution of the Transfer Agreement.
(f) Matters involving claims by or on behalf of infants shall not be submitted to the NJTIP.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX:
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Plaintiff(s) Index No.
-against- TRANSFER
AGREEMENT
Defendant(s)
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IT IS HEREBY STIPULATED AND AGREED that the parties to this action, by
their respective attorneys, voluntarily agree to transfer of this matter for final disposition
to the Non-Jury Trial Initiative Part )@NJTIP@) subject to the provision set forth below
and the Rules of the NJTIP. The signatories to this Agreement represent that they have
the authority of their respective clients and/or insurance carriers to enter into this
agreement. Once fully signed, this agreement cannot be revoked or otherwise withdrawn
by any party.
IT IS FURTHER STIPULATED AND AGREED AS FOLLOWS:
(a) That all discovery in the above captioned matter is complete or waived and
there are no outstanding discovery issues.
(b) That the parties are familiar with and agree to be bound by the Rules of
NJTIP.
(c) That defendant(s) have certified insurance coverage to plaintiff(s) counsel.
(d) All determination of the Court shall be final and binding on all parties.
Dated:
Bronx, New York
___________________________ _______________________ Attorney for Plaintiff(s) Attorney for Defendant(s)
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