Kings County Uniform Matrimonial Rules EX PARTE ORDERS OF PROTECTION
Ex Parte Orders of Protection are heard immediately. These applications
require the appearance of the movant. As such, counsel are required to
bring their clients to Court unless previously excused.
MOTIONS
• Each Part shall designate a motion day(s).
• Oral argument is required on all motions.
•
All submitted motions shall be made returnable on the day(s) of the
week each judge has designated as their motion day, unless otherwise
directed by the Court.
•
Counsel are required to file all responsive papers with the Matrimonial
Clerk’s Office two days prior to the return date of the motion. Cross
Motions are to be filed with the Matrimonial Clerk’s Office two days
prior to the return date. All exhibits are to be identified by tabs.
•
Requests for adjournments on consent shall not exceed two (2) requests.
Attorneys for the parties are required to appear personally on the
return date.
• No courtesy copies of papers are to be filed with the Courtroom or Chambers.
•
Counsel are reminded that the C.P.L.R. does not provide for sur-reply
papers or allow the presentation of papers or letters to the Court
after argument of a motion. Sur-replies, letters and the responses to
such letters addressed to the substance of motions will not be
considered.
•
Any allegations of fact submitted to the court, including allegations
contained in an affidavit and/or the complaint, must be certified by
counsel in the form prescribed by the Chief Administrative Judge. (See
130 Certification)
PRELIMINARY CONFERENCE
Pursuant to 22 N.Y.C.R.R. 202.16(d) a R.J.I. must be filed within
forty-five (45) days of the date of service of the summons unless an
affidavit of no necessity is filed, in which event the R.J.I. must be
filed within one hundred and twenty (120) days.
Counsel are
reminded that pursuant to 22 N.Y.C.R.R. 202.16(f)(1) net worth
affidavits are to be filed with the court ten (10) days prior to the
conference date. The are to be accompanied by the attorneys’ retainer
statements and the parties’ recent pay stubs or W-2. Both parties must
be present at the conference.
COMPLIANCE CONFERENCE
The date of the Compliance Conference shall be set at the time of the
preliminary conference. Counsel are directed not to wait until this
conference to bring to the court’s attention any failure to comply with
discovery orders or preliminary conference directions. Such failure
must be addressed prior to the conference either by motion or
conference call to Chambers. Both parties are to be present at the
compliance conferences unless the court excuses their appearance.
PRE-TRIAL CONFERENCE
The date of the pre-trial conference will be set at the preliminary
conference. Note of issue shall be filed prior to the pre-trial
conference and in accordance with the compliance order. At the
pre-trial conference counsel will provide the court with statements of
proposed disposition, updated net worth statements including the last
three years’ tax returns and child support worksheet, if applicable.
Counsel shall present all motions in limine at this conference.
TRIAL
One week preceding the trial date the Court is to be provided with the following :
1. If grounds are to be tried, marked pleadings.
2. If there has been a change in the finances of the parties since the
pre-trial conference, updated statements of net worth, child support
worksheet, if applicable and proposed disposition.
3. A witness list and any pre-trial memorandum. Counsel are reminded
that pursuant to 22 N.Y.C.R.R. 202.16(9) all expert reports are to be
exchanged and filed with the Court sixty (60) days before the date set
for trial. Reply reports, if any, shall be exchanged and filed no later
than thirty (30) days before said date. Any expert reports not filed
pursuant to 22 N.Y.C.R.R. 202.16(9) shall only be considered with
permission from the Court and only prior to the date of trial.
4. A list of all proposed exhibits.
5. A list of documents which counsel may stipulate into evidence, such documents are to be pre-marked by counsel.
6. A written copy of any issues or facts to which the parties can
stipulate shall be submitted prior to the date. All stipulations shall
be read into the record at the commencement of the trial.
Sanctions and/or costs may be imposed for failure with any rules set forth herein.
Once a case has been assigned a trial date, it is presumed ready for
trial. No consent adjournments will be accepted. Failure to proceed may
result in default relief being granted or the action being dismissed.
In the event the action is resolved prior to the court date, counsel
are expected to notify Chambers immediately.
Proposed judgments must be accompanied by all forms required on the
Contested Judgment Checklist which is available in the trial part or
the Matrimonial Clerk’s Office.
Copies of decisions and orders will be mailed to all counsel and self-represented litigants by chambers.
Correspondence between counsel is not to be copied or submitted to Chambers.