| LOCAL RULES IN MATRIMONIAL ACTIONS
Supreme Court motions in matrimonial actions may be made returnable
on any Friday. The Court asks that the moving party advise
chambers before any matter is made returnable on a particular
Friday so as to avoid calendar congestion and to avoid the
possiblility that the Judge will be unavailable. Every effort
will be made by the Court to schedule preliminary conferences
at the same time.
The court requires the presence of counsel and the parties
upon the return date of any motion and at any preliminary conference.
Only the court, or its court attorney, may dispense with such
presence.
Where formal, oral argument is desired upon a motion, counsel
or any unrepresented party should so request. Unless formal
oral argument is requested by counsel, any unrepresented party,
or the court, motions will be deemed submitted. However, the
court will generally conference motions, with counsel or any
unrepresented parties, at the time of the preliminary conference
with a view towards settling the entire action.
Proposed orders to show cause, motions, and responsive pleadings
should be filed with the Chief Clerk's Office. It is not necessary
to submit courtesy copies to chambers.
Proposed orders should be submitted to chambers upon notice
to opposing counsel, any unrepresented party, and any Law Guardian.
The Court will consider the proposed order acceptable to all
parties, unless advised to the contrary within ten days of
the court's receipt of the proposed order. Such notice should
be in writing and on notice to the submitting party.
Where matters have been scheduled for trial, and have been
settled, the court should be advised immediately. Absent such
notice, the action may be dismissed, and any interim relief
vacated, if there are no appearances at the time of trial.
Domestic Relations Law Section 211 papers, in settled matrimonial
actions, should be submitted to chambers, directly, not more
than thirty (30) days from the scheduled trial date.
In uncontested matters, the Domestic Relations Law Section
211 papers should be submitted when the Request for Judicial
Intervention and Note of Issue are filed. |