MOTIONS: ALTERNATE THURSDAYS IN PART 31 (9:30 a.m.)

Civil:
Original and a file stamped copy of Order to Show Cause and a copy of RJI to be supplied to Court on submission. The original will be returned when granted. All other moving papers, answering papers, and memoranda to be sent to Chambers at least three [3] days prior to return date. Untimely submissions will, at the Court’s discretion, not be considered or result in an adjournment. Unless agreed to by Counsel and waived by Court, oral argument is required on all contested matters. TROs on cases assigned to another Justice, only upon prior approval of IAS Justice or his/her Law Clerk. Motions cannot be adjourned generally. Adjournments by Court approval or with consent of all Counsel, upon advising the Court Clerk or Justice, followed by written confirmation of the adjournment and new date to all parties and to the Court. Orders to Show Cause requesting TRO, when opposing Counsel are known, must first be scheduled for expedited oral argument and then presented to opposing Counsel who will be afforded an opportunity to appear without papers and argue.

Matrimonial:
Original and a file stamped copy of Order to Show Cause and a copy of RJI to be supplied to Court on submission. All other moving papers, answering papers, and memoranda to be sent to Chambers at least two [2] days prior to return date. TROs granted, if not mutual, only where assets are in jeopardy or in other extreme circumstances and requiring adequate showing in supporting affidavits. On cases assigned to another Justice, TROs granted only upon prior approval of Justice or his /her Law Clerk. If issue not settled before Matrimonial Referee, oral argument before Court is required. Motions cannot be adjourned generally. Adjournments by Court approval or with consent of all Counsel, upon advising the Court Clerk or Justice followed by written confirmation of the adjournment and new date to all parties and to the Court.

CONFERENCES:

Civil:
Preliminary and/or Pretrial Conferences scheduled upon Court's receipt of RJI. Additional conferences upon request. All conferences will be conducted before IAS Justice or her Law Clerk. Position statement required in advance of Conference. One adjournment allowed for each party; no adjournments if the case is not moving toward settlement. Adjournment procedure same as in motions except Counsel must inform Secretary or Law Clerk instead of Court Clerk.

Matrimonial:
When motions for temporary relief or Orders to Show Cause are pending and both sides are represented by Counsel, the Court will offer an opportunity to appear at a Preliminary Conference within 4 business days after the return date at such time convenient to the Court and Counsel. If the matter is not resolved by Conference, the Court will decide the temporary motion on the day of the Preliminary Conference. The Preliminary Conference mandated within 45 days of the RJI may not be adjourned without Court approval. Failure to appear will result in this Court taking appropriate steps to entertain a default application or to otherwise sanction the responsible party, or Counsel. Adjournment requests on the day of the Preliminary Conference will be sparingly given and must have the consent of other party. Plaintiff’s Counsel is urged to bring a completed Note of Issue in order to expedite entry of any default judgment and stipulation reached at the Conference. Pleadings should be provided in advance to the Court and in any event, no later than 10 days from date of the Preliminary Conference. If necessary, a Compliance Conference will be scheduled within 60 days of the Preliminary Conference. Unless extended by the Court, discovery will be completed and a Trial date set within six (6) months of the RJI date. Counsel are required to bring their client with them to all Conferences unless otherwise relieved by Court approval. Counsel are also reminded of their obligation to provide a Statement of allegations and financial representations must be accompanied by an Attorney’s Certification that they have no knowledge that the substance of the submission is false.

TRIALS and REFERENCES:

Civil:
Adjournments only by Justice’s Chambers. Pleadings required at final Pretrial Conference with IAS Justice, which will be held immediately preceding Jury Selection. Formal requests to charge required. Charge Conference held near close of proof through informal discussion of the Court’s proposed charge. Objections may be placed upon record, thereafter.

Matrimonial:
Reference to Law Clerk, to hear and report, on default divorce and oral stipulation, contested economic issues, equitable distribution, post-divorce arrears and modifications. References to JHO’s to hear and determine, or hear and report, on any issue upon consent of both sides. This Court prefers not to bifurcate but will do so whenever the case cannot be settled as a whole, but will bifurcate only one part at a time.