Brian D. Perskin & Associates

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.

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