Advisory jury; referee to report
Rule 4212. Advisory jury; referee to report. Upon the motion of any party as provided in rule 4015 or on its own initiative, the court may submit any issue of fact required to be decided by the court to an advisory jury or, upon a showing of some exceptional condition requiring it or in matters of account, to a referee to report. An order under this rule shall specify the issues to be submitted. The procedures to be followed in the use of an advisory jury shall be the same as those for a jury selected under article forty-one. Where no issues remain to be tried, the court shall render decision directing judgment in the action.
On a party's motion (per rule 4015) or on its own initiative, the court may take an issue of fact it's supposed to decide and either:
The order must specify the issues submitted. An advisory jury follows the same procedures as a regular jury under Article 41. ★ If no issues remain to be tried, the court renders a decision directing judgment.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.