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Matrimonial Preliminary Conference Part - Part Rules


 

Preliminary conferences shall be held in Room 5002. Only counsel fully familiar with the case and with full authority to Stipulate shall appear for the Preliminary Conference.

Prior to requesting a Preliminary Conference, proper service shall have been made on defendant, with defendant having appeared in the action. Proof that issue has been joined must accompany the request for a preliminary conference. Failure to provide same will result in the request being denied. In such instance the request may be re-submitted to the matrimonial clerk’s office with the proper proof. No such submissions should be submitted, via e-mail or otherwise, to the matrimonial preliminary conference part.

CALENDAR

All conferences are calendared for 9:30 a.m., unless the matter is scheduled for a time certain.

 

APPEARANCES

Unless otherwise directed by the Matrimonial Preliminary Conference Part (MPCP) the appearances of Counsel, Plaintiff and Defendant are MANDATORY at all Preliminary Conference court appearances. Failure to appear will result in referral to the assigned Justice for default inquest.

 

PLEADINGS

Prior to the Preliminary Conference, all pleadings (Verified Complaint, Answer, Notice of Appearance, Affidavit of Service) must be properly filed with the Office of the County Clerk.

 

DOCUMENTS

Fully completed and acknowledged Net Worth Statements with required documents, including parties’ recent pay stubs and W-2s, Attorney’s Retainer Statements and Temporary Maintenance Guidelines Worksheets, are to be properly filed with the Office of the County Clerk ten (10) days prior to the Preliminary Conference date. Courtesy copies of all documents, including any pending motions or orders to show cause and prior and current Court orders from any and all courts, are to be provided to the MPCP at the Preliminary Conference. Failure to provide the requisite documents may result in a negative inference being asserted against the non-compliant party.

 

PRELIMINARY CONFERENCE ORDER

Prior to the call of any case, counsel and/or self represented parties MUST complete the proposed Preliminary Conference Order and submit same to the MPCP.

 

ADJOURNMENTS

Adjournments will be considered upon request to the MPCP and may be granted on a limited basis.

Communication with the MPCP will be accepted through email only at QSMATPC@nycourts.gov., provided that all parties are copied on the e-mail. When requesting an adjournment, the parties are to submit a Stipulation signed by all sides stating, with particularity, the reason for the adjournment, and providing three (3) jointly proposed dates for the adjournment of the matter. If the adjournment is based on an attorney’s actual engagement on another matter, a properly completed Affidavit of Engagement must accompany the request. Same shall include the name of the attorney, which court the attorney is engaged in, the type of matter, the Judge before whom the appearance is being made, and the name and index number of the case. Failure to comply with these directives shall result in denial of the adjournment. In the event the request for adjournment is granted, only one adjournment will be allowed.

 

INTERPRETERS

Notification for Court Interpreter Services shall be made to the MPCP not less than five (5) business days prior to the first court appearance by email at QSMATPC@nycourts.gov. At the time of calendar call or check in, Counsel and/or Parties shall remind the MPCP that Court Interpreter Services are needed.