Supreme Court - 11th JD Queens
Matrimonial - Uniform Matrimonial Rules

APPEARANCES AND ADJOURNMENTS

• All parties must be present for every court appearance unless excused by the Court. Requests for adjournments must be made by conference call to the court and must include any law guardian. If granted, a stipulation of adjournment must immediately be faxed to Chambers which includes both the date of the adjournment and the reason for the adjournment.

• When attorneys appear before the Court they must be prepared to submit two business cards; one for the Judge and one for the court reporter.

• Communication with the chambers or court by litigants who are represented by counsel is not permitted at any time.

EX-PARTE ORDERS OF PROTECTION

• Ex-Parte Orders of Protection are heard the same day. 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).
• Unless directed by the court, motions shall be made returnable only on the part’s motion day. Motions dated with an incorrect return date will be rejected by the clerk’s office.
• Oral argument is required on all motions.
• Counsel are required to file all responsive papers with the Matrimonial Clerk’s Office two days prior before the return date of the motion. All exhibits are to be identified by tabs. Cross Motions are to be filed with the Matrimonial Clerk’s Office two days prior to the return date.
• Motions may not be adjourned on consent more than twice and require attorneys for the parties to appear personally.
• be filed with the Court or Chambers.
• Counsel are reminded that the CPLR 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.
Applications to consolidate existing Family Court matters must contain a copy of the Family Court petition and any existing orders.
• No courtesy copies of papers are to be filed with the Court or Chambers.

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. They 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. A note of Issue shall be filed prior to the pre-trial conference and in accordance with the compliance order. A copy of the filed note of issue, stamped by the county clerk shall be presented to the part clerk prior to or on the date of the pre-trial conference. At the pre-trial conference, counsel will provide the court with statements of proposed disposition, updated net worth statements with the last three (3) years of 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, proposed dispositions and child support worksheet, if applicable.
3. A witness list, expert reports not previously filed 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.
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 in the advance of trial and stipulation to be read into the record at the commencement of the trial. 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.

All judgments must be accompanied by all forms required on the Matrimonial Term Contested Judgment Checklist, which can be obtained in the Part or the Matrimonial Clerk’s Office.

Copies of decisions and orders will be mailed to all counsel and any self-represented litigants.

 


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