Overview
The Legal Support Bureau is responsible for the review and presentation of all ex-parte, settled orders and special proceeding applications before all Civil Term Supreme Court Justices.
718-618-1380
Ex Parte/Orders
Orders to show cause (OSC) and their accompanying papers should be presented at the front desk in Room 217. The petition, affirmation or affidavit must state the result of any prior application for the same relief. The OSC must be double-spaced. Attorneys should comply with any special language or type size requirements called for by applicable statutes.
If an order to show cause is the first paper filed in a case, the OSC should be accompanied by a Request for Judicial Intervention (R.J.I.), if necessary. The attorney should put his fax number in the upper left hand corner of the OSC. If the OSC requests emergency relief, it should be accompanied by an affirmation of emergency.
Motions returnable in Special Trial Part (STP), motions to punish for contempt, and applications for stays or temporary restraining orders must be made by order to show cause. Motions made on “such notice as the court may direct “ should be made by order to show cause. The court may grant an order to show cause to be served in lieu of a notice of petition.
Once an OSC has been signed, it will be faxed to the number provided by the attorney. OSC’s may also be sent to an e-mail address if one is provided. Unless specifically advised otherwise, an appearance is required for all orders to show cause. Proof of service and any answering or reply papers should be presented to the court at the time the OSC is heard.
Some special requirements are discussed below:
Settled Orders (see Uniform Rules 202.48)
A Judge’s decision will often call for a Settled Order. The purpose of the settled order is to give effect to the decision by directing that some action be done and/or that a court official perform some task. For example, a settled order on a decision dismissing a complaint will order that the complaint be dismissed and that the county clerk mark his records accordingly.
A settled order consists of a notice of settlement informing all parties that the proposed order will be presented to the judge who made the decision on a date certain. Next comes the proposed order which will be presented to the judge. This order should conform to the judges decision and should direct the relief granted in the decision. This should be followed by proof of service upon all parties who were noticed with the decision. It is also helpful if a copy of the judge’s decision is included along with the other papers. A settled order should always be noticed before the judge who made the decision.
Although an order is usually settled by the party who prevailed on the motion, any party may settle the order. It should be presented to the court within sixty days of the decision. The other parties are entitled to ten days notice where service of the settled order is done by mail, five days if the notice is personally delivered. An attorney who is served with a notice of settlement which he believes does not accurately reflect the decision may settle a counter order. The counter order must be noticed for the same day and must be served not less than seven days if by mail and two days if personally delivered.
Settled orders are usually sent to the judge the day after they noticed for settlement. No appearance is necessary or even contemplated on a settled order. If the decision directs "submit order", then no notice is necessary. and the order will be sent to the judge as soon a practical after it is received. No fees are collected on settled orders.
Infant Compromise Orders
An Infant’s compromise Order is an order that settles a cause of action brought on behalf of a minor or a person for whom a legal guardian has been appointed. The order must be accompanied by an affidavit of the parent or guardian and an affirmation of the attorney who is handling the case. If the infant is over fourteen years of age, an infant’s consent should also be included. These papers must contain all the information required by CPLR sections 1207 and 1208. Also required is an affirmation by a doctor who has examined the infant within the last six months. This affirmation will contain information on the infant’s present condition. After review, the order is sent to the signed judge who will call the attorney to arrange a conference. In all but the most compelling circumstances, the presence of the infant at this conference is required.
Partial Withdrawal of Infant Funds
Parents or Legal Guardians who have been awarded funds on behalf of a child may petition the court for a partial withdrawal of those funds for the sole use of the child. The legal Guardian will need to show that the items are necessary, that they are not capable of providing these items for the child. The decision to grant or deny the petition is at the discretion of the judge.