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Who is the Part I Judge?
Do parties have to appear at the courthouse?
Do document backers have to be a
certain color?
How many copies do I have to file?
How do I apply for
a refund of fees?
What is the difference between a
divorce and an annulment?
Who is the Part I
Judge?
The Part I Judge assigned to each respective county is the duty
judge for a particular term.
Do parties have to appear at the courthouse?
Parties are not generally required to appear at the courthouse
on the return date of a motion. The assigned judge, in his or
her discretion, may determine that any motion be orally argued
and may fix a date and time for oral argument. Where a motion
is brought on by order to show cause, the court may set forth
in the order that oral argument is required on the return date
of the motion.
Do document backers have to be a certain color?
No, document backers may be any color. In fact, papers that
are stapled or bound securely shall not be rejected for filing
simply because they are not bound with a backer of any kind.
How many copies do I have to file?
Request for Judicial Intervention - original and two copies
Note of Issue - original and one copy
Motion or responding
papers - original
For divorce proceedings, copies are required of any separation
agreement and any Family Court orders. For all other papers,
only the original is required to be filed.
How do I apply for
a refund of fees?
Pursuant to the UCS
Financial Planning & Control Manual, refunds are not to
be authorized when the requested service has already been rendered.
However, in the case of legitimate filing or venue errors, inadvertent
crediting and transmittal of funds by court personnel, or in
the bests interests of fairness, a request for a refund may
be submitted to the Court Clerk's Office.
In order to process a request for
a refund of fees, you must complete a State of New York - Unified
Court System
Request
for Refund of Fees/Fines form. Please be sure to indicate
the reason for the request and the name and address as they
should appear on the refund check. Requests will not be
processed without an original signature and a Federal Tax ID
Number or Social Security Number.
What is the difference between an annulment and a divorce?
A divorce is the legal dissolution of a marriage by a court.
An annulment is a judicial or ecclesiastical declaration that
a marriage is void. Unlike a divorce, an annulment established
that marital status never existed in law.
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3rd
JD
