Provisions

Individual rule provisions extracted from part rules documents

Data license: Government edicts — not subject to copyright · Data source: nycourts.gov

58 rows where county = "Dutchess" and judicial_district = 9

✎ View and edit SQL

This data as json, CSV (advanced)

Suggested facets: doc_id, judge_id, cross_references, topics (array), cross_references (array)

topics >30

judicial_district 1

doc_type 1

county 1

  • Dutchess · 58 ✖
provision_id ▼ doc_id judge_id rule_number title text source_page topics cross_references judicial_district county court_type doc_type
ACKER-001 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER I Communications with the Court All correspondence to Court must be brief, concise, and contain full case title and index number. Copied to all counsel simultaneously. Correspondence between counsel shall not be copied to Court. Court does not permit litigation by letter; any such submission rejected. Correspondence to Court shall NOT be e-filed. Telephone calls to Court staff permitted only in situations requiring immediate attention. Email to Part Clerk or Confidential Secretary is preferred method of communication. Faxes: court does not accept legal papers by fax absent specific advance approval; faxed communications not to exceed 3 pages without prior permission.   ["communication-preferences"] [] 9 Dutchess supreme part_rules
ACKER-002 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER II E-Filing Rules and Protocol Counsel must familiarize themselves with 22 NYCRR §§202.5-b and 202.5-bb and the Joint Protocols for Dutchess County e-filing. All documents in mandatory e-filed cases to be filed through NYSCEF. All submissions to Court (except correspondence) must be electronically filed. Working copies required for all legal papers requiring judicial action (OSC, motions, notices of settlement, ex parte applications, proposed orders). Working copy of motion must include all documents with external exhibit tabs. Should a motion include extensive exhibits, working copy may be submitted on a flash drive.   ["e-filing", "courtesy-copies"] ["22 NYCRR 202.5-b", "22 NYCRR 202.5-bb"] 9 Dutchess supreme part_rules
ACKER-003 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER III Calendar Call & Conferences Court's calendar called at 9:30 a.m. in Courtroom 209. Counsel expected to appear on time. Counsel with conflicting appearances must communicate to Chambers prior to date. Only counsel who are fully familiar with case and authorized to enter into binding agreements are to appear. In non-matrimonial actions, represented parties need not appear for conferences unless directed. In matrimonial actions, litigants must appear with counsel for all conferences. Adjournment of conference: request must be made in writing by email or fax (one method only) to Chambers at least 2 full business days in advance. Court will advise requesting party if adjournment has been granted; that party must advise all other parties.   ["conference-procedures", "adjournments"] [] 9 Dutchess supreme part_rules
ACKER-004 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER III-D Preliminary Conference Order Court uploads proposed Preliminary Conference Order to NYSCEF after RJI filed. Part Clerk uploads letter with proposed order and date for submission. Party filing RJI must advise all other parties of submission deadline. If order not submitted by deadline, conference will be scheduled with personal appearances required. Executed Preliminary Conference Order sets specific dates for discovery items, Note of Issue filing, and Compliance Conference. No modifications of Court-set dates except by Court Order per 22 NYCRR §202.20-e.   ["preliminary-conference", "scheduling-orders", "discovery-scheduling"] ["22 NYCRR 202.20-e", "22 NYCRR 202.11", "22 NYCRR 202.12"] 9 Dutchess supreme part_rules
ACKER-005 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER III-E-G Compliance, Settlement, and Pre-Trial Conferences Compliance Conference conducted as directed in Preliminary Conference Order; Court will ensure discovery proceeded as scheduled and may conduct settlement conference at same time. Settlement Conference: counsel must be fully familiar and authorized to discuss all issues and enter binding settlements; parties (including adjusters) must be available by phone if not present. On or before Settlement Conference, must provide: marked pleadings; bills of particulars; medical narrative reports; expert disclosures per CPLR §3101(d); probable trial witnesses; prior decisions/orders. Court may meet with one side separately absent objection. Pre-Trial Conference before commencement of jury selection or non-jury trial; must provide: memoranda of law; Requests to Charge (PJI); Proposed Verdict Sheet; motions in limine (returnable on Pre-Trial Conference day, made on 7 days notice).   ["compliance-conference", "settlement-conferences", "pre-trial-conference"] ["CPLR 3101(d)", "22 NYCRR 202.26", "22 NYCRR 202.37"] 9 Dutchess supreme part_rules
ACKER-006 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER IV Motions/Orders to Show Cause/Temporary Restraining Orders Motions returnable on any Wednesday. Movants for summary judgment requested to submit Statement of Material Facts; opposition should respond thereto. Page limits: briefs/memoranda of law limited to 20 pages each; affirmations and affidavits limited to 15 pages each (page limits don't apply to evidentiary materials). Sur-reply papers not permitted per 22 NYCRR §202.8-c. No oral argument unless directed; parties may request by writing 'Oral Argument Requested' above index number. AI programs: all submissions must include attorney certification that either no AI was used in drafting, or that all AI-generated text was reviewed for accuracy and approved. Exhibits: plaintiffs designate by number; defendants designate by letter. References to exhibits over 3 pages must indicate page number cited; exhibits without consecutive page numbers must be bates-stamped. Unsigned deposition transcripts not considered on summary judgment motions. No more than 3 adjournments of any motion; total adjournment period not to exceed 60 days; no adjournment within 30 days of trial date.   ["hearing-procedures", "page-limits", "summary-judgment", "briefing-schedule", "adjournments"] ["22 NYCRR 202.8-a", "22 NYCRR 202.8-b", "22 NYCRR 202.8-c", "22 NYCRR 202.8-g", "CPLR 3116(a)"] 9 Dutchess supreme part_rules
ACKER-007 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER IV-D Discovery Related Motions THE COURT EXPECTS COMPLIANCE WITH 22 NYCRR §§202.20-e AND 202.20-f PRIOR TO PARTIES CONTACTING COURT. NO DISCOVERY MOTION IS TO BE MADE BY ANY PARTY UNLESS AUTHORIZED OR DIRECTED BY THE COURT. If parties cannot resolve discovery issue after compliance with 22 NYCRR §202.20-f (which requires in-person or telephonic consultation), they shall send joint letter via email or fax identifying outstanding issues; Court will determine whether conference is appropriate. CPLR §§3211 or 3212 motion prior to completion of discovery does not stay discovery.   ["discovery-disputes"] ["22 NYCRR 202.20-e", "22 NYCRR 202.20-f", "CPLR 3211", "CPLR 3212"] 9 Dutchess supreme part_rules
ACKER-008 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER VI Foreclosure Actions All motions in foreclosure actions must include proposed order for Court's signature as separate document. Motion templates mandated for residential foreclosure cases statewide must be used. Court requires certain paragraphs added to Orders of Reference and Judgments of Foreclosure per Appendices A-C. Substitution of Referee by letter, not formal motion. Judgment of Foreclosure and Sale on notice to all defendants per motion templates. Servicer information required on face of proposed Order of Reference and Judgment of Foreclosure and Sale per legislation A.6976/S.4190. Working copies for foreclosure motions: only specific exhibits required (Notes, Affidavits of Service, Proof of Service per CPLR 3215(g), Referee's report, Military status investigation, Notice of pendency).   ["foreclosure"] ["CPLR 3215"] 9 Dutchess supreme part_rules
ACKER-009 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER VII Matrimonial Actions Preliminary Conferences held in person. Counsel must be familiar with 22 NYCRR §202.16 and DRL §236(B)(4). Prior to Preliminary Conference, parties must file and exchange documents per 22 NYCRR §202.16(f)(1) including Net Worth Statements, pay stubs, W-2 statements, tax returns, statements of accounts; Net Worth Statement working copy to Chambers. All motions in matrimonial actions MUST be made by Order to Show Cause; both parties and counsel must appear on return date. Pendente lite motion without net worth statement and calculations will be denied. Custody/access forensic evaluator reports are confidential; attorney must sign affirmation to receive copy; party may review but not possess copy. In all matrimonial actions, no later than 2 weeks prior to trial: statements of proposed disposition per 22 NYCRR §202.16(h); updated Net Worth Statements; neutral forensic reports. On first day of trial, submit marked pleadings; stipulation of relevant facts; exhibit list and pre-marked exhibits (plaintiff numbered, defendant lettered, exchanged 7 business days prior to Pre-Trial Conference); witness list; child support worksheet if applicable.   ["matrimonial", "preliminary-conference", "pre-trial-conference", "trial-procedures"] ["22 NYCRR 202.16", "DRL 236B(4)", "DRL 240(1-b)(h)"] 9 Dutchess supreme part_rules
BRANDS-001 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS APPEARANCES Appearances Within ten (10) days of written notification of this Part's assignment to a case, or written notification of a Preliminary Conference, whichever shall first occur, each attorney shall file a record of appearance with chambers including the attorney's name, firm affiliation, mailing address, telephone and facsimile number as well as the party represented, and a written acknowledgment that counsel is familiar with these Part Rules.   ["part-rules", "attorney-conduct"] ["22 NYCRR 130-2.1", "22 NYCRR 202.27"] 9 Dutchess supreme part_rules
BRANDS-002 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS PRELIMINARY CONFERENCES Preliminary Conferences A party may request a preliminary conference any time after issue has been joined. In any event, the Court will schedule a preliminary conference within forty-five (45) days after an RJI has been filed on a matter. A form stipulation and order shall be provided to the parties which shall establish a timetable for discovery. If all parties sign the stipulation and return it to chambers prior to the scheduled conference, appearances will not be required at the preliminary conference.   ["preliminary-conference", "discovery-scheduling", "scheduling-orders"] [] 9 Dutchess supreme part_rules
BRANDS-003 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS FORECLOSURE ACTIONS Foreclosure Actions Any court-ordered foreclosure sale shall be held in the rear lobby of the Dutchess County Courthouse, 10 Market Street, Poughkeepsie, New York 12601 at 2:30p.m.   ["foreclosure"] [] 9 Dutchess supreme part_rules
BRANDS-004 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS MATRIMONIAL ACTIONS Matrimonial Actions No later than ten (10) days prior to preliminary conference in any matrimonial action, each party shall file and serve copies of the following documents: retainer agreement; net worth statement; most recent paystub and income tax return. Parties must be present at the preliminary conference.   ["matrimonial", "preliminary-conference"] [] 9 Dutchess supreme part_rules
BRANDS-005 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS COMPLIANCE CONFERENCE Compliance Conference The preliminary conference order shall provide a date and time for the parties to appear at compliance conference. At the compliance conference, the Court will ensure that discovery is proceeding as scheduled. Unless a note of issue has been earlier filed, the Court shall direct a date as the deadline for filing a note of issue and certificate of readiness.   ["compliance-conference", "discovery-scheduling", "note-of-issue"] [] 9 Dutchess supreme part_rules
BRANDS-006 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS PRETRIAL CONFERENCE Pretrial Conference and Expert Disclosure Within 45 days of the filing of a note of issue, the Court shall schedule a Pretrial Conference. At the pretrial conference, the Court shall establish a deadline for the exchange of expert witness information pursuant to CPLR §3101(d)(1) which shall, in no event, be later than ninety (90) days before trial for the party bearing the burden of proof on that issue.   ["pre-trial-conference", "note-of-issue"] ["CPLR \u00a73101(d)(1)"] 9 Dutchess supreme part_rules
BRANDS-007 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS MOTIONS Motion Practice Motions are returnable on any day of the week. There will be no appearances unless specifically stated by the court. DO NOT SUBMIT COURTESY COPIES. MOTION PAPERS MUST BE BOUND TOGETHER. Summary Judgment or other dispositive motions must be made within 60 days after filing the note of issue. Working copies are required and shall be received by Chambers on or before the return date.   ["summary-judgment", "courtesy-copies", "adjournments"] [] 9 Dutchess supreme part_rules
BRANDS-008 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS TAX-CERT Tax Certiorari / Condemnation Part Rules Article 7 (Tax Cert) petitions are to be filed with the Dutchess County Clerk. There are to be no appearances before this Court on the return date of the petition. Calendar calls for new matters filed in Dutchess County are held throughout each month on Tuesdays and Thursdays. At the preliminary conference a discovery, stipulation and order will be generated setting forth dates for discovery demands and responses. All court ordered discovery and trial dates are to be strictly complied with and any adjournments must be by permission of the court for good cause shown.   ["tax-certiorari", "preliminary-conference", "trial-procedures"] [] 9 Dutchess supreme part_rules
EGITTO-001 Part Rules of Honorable Joseph A. Egitto 144 NY-SC-9JD-EGITTO APPEARANCES Appearances Within ten (10) days of written notification of this Part's assignment to a case, or written notification of a Preliminary Conference, whichever shall first occur, each attorney shall file a record of appearance with chambers. The record of appearance shall include the attorney's name, firm affiliation, mailing address, telephone and facsimile number as well as the party represented. The record of appearance shall also contain a written acknowledgment that counsel is familiar with these Part Rules.   ["part-rules", "attorney-conduct"] ["22 NYCRR 130-2.1", "22 NYCRR 202.27"] 9 Dutchess supreme part_rules
EGITTO-002 Part Rules of Honorable Joseph A. Egitto 144 NY-SC-9JD-EGITTO MATRIMONIAL.A Matrimonial Preliminary Conferences Counsel must be familiar, and comply, with the provisions in 22 NYCRR 202.16. No later than ten (10) days prior to the Preliminary Conference the parties will file and exchange those documents set forth in 22 NYCRR 202.16(f)(1), including Net Worth Statements, pay stubs, W-2 statements, tax returns and statements of accounts. Parties and counsel must be present at the preliminary conference.   ["preliminary-conference", "matrimonial", "conference-procedures"] ["22 NYCRR 202.16", "22 NYCRR 202.16(f)(1)"] 9 Dutchess supreme part_rules
EGITTO-003 Part Rules of Honorable Joseph A. Egitto 144 NY-SC-9JD-EGITTO COMPLIANCE Compliance Conference Court appearances shall be called at 2:00 p.m. or as soon thereafter as possible. Adjournments will only be granted in extenuating circumstances. Counsel and parties must be fully familiar with the action and authorized to enter into binding agreements on all aspects of the case. Settlement proposals must be in writing and exchanged at least one (1) week before any settlement conference. At the compliance conference, the Court will ensure that discovery is proceeding as scheduled.   ["compliance-conference", "discovery-scheduling", "conference-procedures"] [] 9 Dutchess supreme part_rules
EGITTO-004 Part Rules of Honorable Joseph A. Egitto 144 NY-SC-9JD-EGITTO PRETRIAL Pretrial Conference and Expert Disclosure Within 45 days of the filing of a note of issue, the Court shall schedule a Pretrial Conference. At the pretrial conference, the Court shall establish a deadline for the exchange of expert witness information pursuant to CPLR §3101(d)(1) which shall, in no event, be later than ninety (90) days before trial for the party bearing the burden of proof on that issue. The opposing party must serve its disclosure within forty-five (45) days of trial.   ["pre-trial-conference", "note-of-issue", "discovery-scheduling"] ["CPLR \u00a73101(d)(1)"] 9 Dutchess supreme part_rules
EGITTO-005 Part Rules of Honorable Joseph A. Egitto 144 NY-SC-9JD-EGITTO TRIALS Trial Procedures In all matrimonial actions in which a trial has been scheduled, no later than two (2) weeks prior to the trial, the Court is to be provided with: statements of proposed disposition as required by NYCRR 202.16(h); updated Net Worth Statements; and any forensic reports, appraisals or evaluations. Prior to the time scheduled for the trial to commence, counsel shall: pre-mark all exhibits, file a brief concerning any unusual issues, submit a list of probable trial witnesses.   ["trial-procedures", "matrimonial", "exhibits"] ["22 NYCRR 202.16(h)", "22 NYCRR 125.1"] 9 Dutchess supreme part_rules
EGITTO-006 Part Rules of Honorable Joseph A. Egitto 144 NY-SC-9JD-EGITTO MOTIONS Motion Practice Motions are returnable on any day of the week. There will be no appearances unless specifically stated by the court. DO NOT SUBMIT COURTESY COPIES. MOTION PAPERS MUST BE BOUND TOGETHER. THE COURT WILL NOT ACCEPT LOOSE MOTION PAPERS. Summary Judgment or other dispositive motions must be made within 60 days after filing the note of issue. NO ADJOURNMENTS on a motion will be granted with a return date within thirty (30) days prior to the date of trial.   ["summary-judgment", "adjournments", "courtesy-copies"] [] 9 Dutchess supreme part_rules
EGITTO-007 Part Rules of Honorable Joseph A. Egitto 144 NY-SC-9JD-EGITTO E-FILING E-Filing Rules and Protocols All actions required to be filed electronically shall be filed through NYSCEF. This Part requires one working copy of each motion submission, including all exhibits and proposed orders. The NYSCEF Confirmation Notice generated when the motion is e-filed must be firmly attached to the front page of the motion submission. Working copies shall be received by Chambers on or before the return date.   ["e-filing", "courtesy-copies"] ["22 NYCRR 202.5-b", "22 NYCRR 202.5-bb"] 9 Dutchess supreme part_rules
EGITTO-008 Part Rules of Honorable Joseph A. Egitto 144 NY-SC-9JD-EGITTO ADJOURNMENTS Adjournments Adjournments of scheduled trials and hearings are not permitted except as provided in 22 NYCRR §125.1. A REQUEST TO ADJOURN A CONFERENCE MUST BE EMAILED TO THE COURT'S PRINCIPAL COURT ATTORNEY AT LEAST 24 HOURS IN ADVANCE OF THE SCHEDULED APPEARANCE. NO ADJOURNMENTS WILL BE GIVEN ON APPEARANCES THAT ARE SCHEDULED TO BE ON THE RECORD. No more than two adjournments shall be permitted on any matter unless good cause is shown.   ["adjournments", "conference-procedures"] ["22 NYCRR \u00a7125.1"] 9 Dutchess supreme part_rules
LYONS-001 Individual Part Rules – Hon. Desmond C.B. Lyons, Dutchess County Supreme Court 132 NY-SC-9JD-LYONS I.A Correspondence All correspondence to the Court shall be via NYSCEF and copied to all parties and set forth the name and Index number of the case. Correspondence between attorneys and/or pro se litigants shall not be copied to the Court unless requested by the Court or otherwise required. No legal papers accepted by fax transmission absent prior Court approval.   ["communication-preferences", "e-filing"] [] 9 Dutchess supreme part_rules
LYONS-002 Individual Part Rules – Hon. Desmond C.B. Lyons, Dutchess County Supreme Court 132 NY-SC-9JD-LYONS III.A Adjournments Applications for adjournments (appearances and motions) must be made in writing via NYSCEF and submitted at least two full business days in advance of the scheduled matter. Each application must state: (1) reason for adjournment; (2) whether other parties consent or object; (3) length of adjournment sought or if on consent, the date all parties are available; and (4) number of prior requests and corresponding dates. A request for adjournment, even if on consent, is NOT effective unless approved by the Court.   ["adjournments"] [] 9 Dutchess supreme part_rules
LYONS-003 Individual Part Rules – Hon. Desmond C.B. Lyons, Dutchess County Supreme Court 132 NY-SC-9JD-LYONS III.B Preliminary Conferences The Court will schedule a Preliminary Conference within 45 days after an RJI is filed. At least 5 days prior to the Preliminary Conference, the parties shall complete and file a 'proposed' Preliminary Conference Stipulation (form) via ECF. At the Preliminary Conference, the Court will set final dates for completion of various items of discovery and a date for a Compliance Conference. No modifications of the dates set by the Court are permitted except by Order of the Court.   ["preliminary-conference", "discovery-scheduling"] ["22 NYCRR \u00a7 202.12(c)"] 9 Dutchess supreme part_rules
LYONS-004 Individual Part Rules – Hon. Desmond C.B. Lyons, Dutchess County Supreme Court 132 NY-SC-9JD-LYONS III.C Compliance Conferences The Court will periodically schedule Compliance Conferences to monitor the timely progress of discovery. Parties shall consult regarding availability for witnesses and attorneys for prospective depositions and discuss any disagreements as to outstanding discovery demands. The Court will direct that a Note of Issue be filed if the matter is ready for trial. Counsel shall not file a Note of Issue until directed by the Court.   ["compliance-conference", "note-of-issue", "depositions"] ["22 NYCRR \u00a7 202.11"] 9 Dutchess supreme part_rules
LYONS-005 Individual Part Rules – Hon. Desmond C.B. Lyons, Dutchess County Supreme Court 132 NY-SC-9JD-LYONS III.D Discovery Disputes Counsel who believes that discovery is not being conducted in accordance with the Court's Order must first discuss the claimed noncompliance in good faith with opposing counsel – a pro forma letter does not constitute a good faith effort. Parties must not make any motion concerning discovery without having first attempted to resolve the issue. If counsel cannot resolve the issue, contact the Court by letter stating the nature of the dispute and specific efforts made at resolution.   ["discovery-disputes"] ["22 NYCRR \u00a7 202.7"] 9 Dutchess supreme part_rules
LYONS-006 Individual Part Rules – Hon. Desmond C.B. Lyons, Dutchess County Supreme Court 132 NY-SC-9JD-LYONS III.E Settlement Conferences Counsel attending the Settlement Conference must be fully familiar with the action and authorized to discuss all factual and legal issues and enter binding settlements. In all cases where a party is being indemnified by an insurer, appearing counsel must advise the Court of the applicable policy limits and the name, claim number, and phone number of the adjuster. The Court may meet with counsel separately during the Settlement Conference.   ["settlement-conferences"] [] 9 Dutchess supreme part_rules
LYONS-007 Individual Part Rules – Hon. Desmond C.B. Lyons, Dutchess County Supreme Court 132 NY-SC-9JD-LYONS IV Motion Practice Parties may move by Notice of Motion or Order to Show Cause depending on exigency. All motions and cross-motions in matrimonial actions and applications by counsel seeking to be relieved must be made by Order to Show Cause and include a Proposed Order. Motion papers are limited to Moving Papers, Opposing Papers including Cross-Motions, and Reply. Sur-Reply papers are not permitted.   ["hearing-procedures", "matrimonial"] [] 9 Dutchess supreme part_rules
MARTIN-001 Individual Part Rules of Hon. Jeffrey C. Martin, Acting Supreme Court Justice 147 NY-SC-9JD-MARTIN COMMUNICATIONS Communications with the Court All correspondence to the Court must be brief, concise and contain the full case title and Index Number of the action. Correspondence to the Court shall, without exception, be copied to all other counsel simultaneously. The Court does not permit litigation by way of letter correspondence to the Court. Correspondence to the Court shall not be e-filed. E-mails to the Court's staff is the preferred method of communication.   ["communication-preferences"] ["22 NYCRR 202.5-a"] 9 Dutchess supreme part_rules
MARTIN-002 Individual Part Rules of Hon. Jeffrey C. Martin, Acting Supreme Court Justice 147 NY-SC-9JD-MARTIN PRELIMINARY CONFERENCES Preliminary Conferences A party may request a preliminary conference any time after issue has been joined. The Court will schedule a preliminary conference within forty-five (45) days after an RJI has been filed on a matter. A form stipulation and order shall be provided to the parties establishing a timetable for discovery. Appearances are required in all matrimonial actions. Once the stipulation has been 'so ordered', no modifications are permitted except by written order of the Court.   ["preliminary-conference", "scheduling-orders"] [] 9 Dutchess supreme part_rules
MARTIN-003 Individual Part Rules of Hon. Jeffrey C. Martin, Acting Supreme Court Justice 147 NY-SC-9JD-MARTIN MATRIMONIAL Matrimonial Actions No later than ten (10) days prior to the preliminary conference in any matrimonial action, each party shall file the following documents with the Court: Retainer agreement and statement of client's rights and responsibilities; Statement of Net Worth; and Most recent paystub and income tax return. The parties must be present for the preliminary conference.   ["matrimonial", "preliminary-conference"] [] 9 Dutchess supreme part_rules
MARTIN-004 Individual Part Rules of Hon. Jeffrey C. Martin, Acting Supreme Court Justice 147 NY-SC-9JD-MARTIN DISCLOSURE Discovery Disputes Parties who have a discovery dispute are NOT to wait until the Compliance Conference to bring such dispute to the Court's attention. Counsel must discuss, in good faith, as required by Court Rule 202.7, the claimed non-compliance. A pro-forma letter does not constitute a good faith effort. There must be actual substantive communication between counsel, either telephonically or in writing. The parties are NOT to copy the Court on correspondence between counsel concerning discovery issues.   ["discovery-disputes", "discovery-scheduling"] ["22 NYCRR 202.7"] 9 Dutchess supreme part_rules
MARTIN-005 Individual Part Rules of Hon. Jeffrey C. Martin, Acting Supreme Court Justice 147 NY-SC-9JD-MARTIN PRETRIAL Pretrial Conference Within 45 days of the filing of a note of issue, the Court shall schedule a pretrial conference. At the pretrial conference, the Court shall establish a deadline for the exchange of expert witness information pursuant to CPLR 3001(d)(1) which shall, in no event, be later than ninety (90) days before trial. A motion in limine briefing schedule shall be established. The return date of that briefing schedule shall be at least thirty (30) days before the trial date.   ["pre-trial-conference", "note-of-issue", "briefing-schedule"] ["CPLR 3001(d)(1)", "CPLR 3214(b)"] 9 Dutchess supreme part_rules
MARTIN-006 Individual Part Rules of Hon. Jeffrey C. Martin, Acting Supreme Court Justice 147 NY-SC-9JD-MARTIN MOTIONS Motion Practice EXCEPT FOR EMERGENCIES OR EXTRAORDINARY CIRCUMSTANCES, NO MOTIONS SHALL BE SUBMITTED unless and until the details which are intended to be included in the motion are FIRST discussed in a telephonic or in person conference with the Principal Court Attorney or with the Judge. Summary Judgment or other dispositive motions must be made within 60 days after filing the note of issue.   ["summary-judgment", "hearing-procedures"] [] 9 Dutchess supreme part_rules
MARTIN-007 Individual Part Rules of Hon. Jeffrey C. Martin, Acting Supreme Court Justice 147 NY-SC-9JD-MARTIN ADJOURNMENTS Adjournments Adjournments of scheduled trials and hearings are not permitted except as provided in 22 NYCRR §125.1. A REQUEST TO ADJOURN A CONFERENCE MUST BE EMAILED TO THE COURT'S PRINCIPAL COURT ATTORNEY AT DLOIACON@NYCOURTS.GOV AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED APPEARANCE. NO ADJOURNMENTS WILL BE GIVEN ON APPEARANCES THAT ARE SCHEDULED TO BE ON THE RECORD. No more than two adjournments shall be permitted on any matter unless good cause is shown.   ["adjournments", "conference-procedures"] ["22 NYCRR \u00a7125.1"] 9 Dutchess supreme part_rules
MCLOUGHLIN-001 Part Rules – Hon. Edward T. McLoughlin, Dutchess County Supreme and County Courts 140 NY-SC-9JD-MCLOUGHLIN Appearances Appearances Within ten days of written notification of this Part's assignment to a case, or written notification of a Preliminary Conference, each attorney shall file a record of appearance with chambers. The record shall include attorney's name, firm, mailing address, telephone/facsimile number, party represented, and a written acknowledgment of familiarity with these Part Rules. Only an attorney thoroughly familiar with the action and authorized to act on behalf of a party shall appear at all scheduled appearances.   ["attorney-conduct", "conference-procedures"] ["22 NYCRR \u00a7 130-2.1", "22 NYCRR \u00a7 202.27"] 9 Dutchess supreme part_rules
MCLOUGHLIN-002 Part Rules – Hon. Edward T. McLoughlin, Dutchess County Supreme and County Courts 140 NY-SC-9JD-MCLOUGHLIN Preliminary Conferences Preliminary Conference Procedures A party may request a preliminary conference any time after issue has been joined. The Court will schedule a preliminary conference within 45 days after an RJI has been filed. A form stipulation and order shall establish a timetable for discovery. If all parties sign the stipulation and return it to chambers prior to the scheduled conference, such form shall be 'so ordered' and appearances will not be required at the preliminary conference. Once 'so ordered', no modifications are permitted except by written order of the Court.   ["preliminary-conference", "discovery-scheduling"] [] 9 Dutchess supreme part_rules
MCLOUGHLIN-003 Part Rules – Hon. Edward T. McLoughlin, Dutchess County Supreme and County Courts 140 NY-SC-9JD-MCLOUGHLIN Foreclosure Actions Foreclosure Sale Location Any court-ordered foreclosure sale shall be held in the rear lobby of the Dutchess County Courthouse, 10 Market Street, Poughkeepsie, New York 12601 at 2:30 p.m.   ["foreclosure"] [] 9 Dutchess supreme part_rules
MCLOUGHLIN-004 Part Rules – Hon. Edward T. McLoughlin, Dutchess County Supreme and County Courts 140 NY-SC-9JD-MCLOUGHLIN Matrimonial Actions Matrimonial Preliminary Conference Requirements Upon scheduling a preliminary conference in a matrimonial action, the Court will provide counsel with: (i) a Matrimonial Order Directing Preliminary Conference; and (ii) a Matrimonial Preliminary Conference Stipulation and Order. The parties must be present. No later than 10 days prior, each party shall file: retainer agreement, Statement of Net Worth, most recent paystub and income tax return. Any application regarding child support must be accompanied by a completed Child Support Worksheet.   ["matrimonial", "preliminary-conference"] [] 9 Dutchess supreme part_rules
MCLOUGHLIN-005 Part Rules – Hon. Edward T. McLoughlin, Dutchess County Supreme and County Courts 140 NY-SC-9JD-MCLOUGHLIN Discovery Matters Discovery Disputes Counsel must confer with one another in a good faith effort to resolve all discovery disputes per 22 NYCRR 202.7. No discovery motion may be made without the permission of the Court. It is the policy of this Court to make itself available to facilitate resolution of any discovery disputes without formal motion practice. In the event of a discovery dispute, the aggrieved party shall organize a conference call with counsel for all parties and the Court's Principal Court Attorney.   ["discovery-disputes"] ["22 NYCRR 202.7"] 9 Dutchess supreme part_rules
MCLOUGHLIN-006 Part Rules – Hon. Edward T. McLoughlin, Dutchess County Supreme and County Courts 140 NY-SC-9JD-MCLOUGHLIN Motions Summary Judgment and Motion Practice Motions for Summary Judgment shall be made within 60 days after filing the Note of Issue. Motions are returnable on Mondays. Courtesy hard copies of the initiating motion, answering and reply papers with exhibit tabs must be delivered to chambers by the motion return date. The Court does not accept sur-reply papers. No adjournments will be granted for motions returnable within 30 days of the trial date. No more than two adjournments shall be permitted on any matter unless written application is made to and approved by the Court.   ["summary-judgment", "hearing-procedures", "note-of-issue", "adjournments"] [] 9 Dutchess supreme part_rules
NY-SC-9JD-DAVIS-001 Individual Part Rules of Justice Thomas R. Davis 168 NY-SC-9JD-DAVIS 1.a Correspondence All correspondence to the Court must bear the Title and Index Number of the action and indicate that a copy was sent to all other counsel or self-represented litigant(s) simultaneously with transmittal to the Court. All correspondence shall be concise (NO MORE THAN 2 PAGES) and state the relief sought, or action requested to be taken, by the Court. All correspondence to the Court must be uploaded to NYSCEF. Do not fax or email the Court with correspondence. When uploading to NYSCEF, be certain to describe as 'letter/correspondence to judge.' Do not copy the Court on correspondence between counsel and/or self-represented parties.   ["communication-preferences", "e-filing"] [] 9 Dutchess supreme part_rules
NY-SC-9JD-DAVIS-002 Individual Part Rules of Justice Thomas R. Davis 168 NY-SC-9JD-DAVIS 3.c Adjournment of Conferences A request to adjourn a conference must be made in writing by uploading a letter to NYSCEF at least two business days in advance of the scheduled conference. For non e-filed cases, such requests must be emailed to Chambers. All applications for adjournments must set forth: (1) the reason why an adjournment is necessary; (2) whether the opposing party(ies) consent(s) or object(s); and (3) a date all parties are available.   ["adjournments"] [] 9 Dutchess supreme part_rules
NY-SC-9JD-DAVIS-003 Individual Part Rules of Justice Thomas R. Davis 168 NY-SC-9JD-DAVIS 3.e Status and Compliance/Settlement Conferences The Court will conduct interim status conferences on all cases to ensure the Court's directions are being complied with timely. Counsel should expect a conference at least once every 60 days. A Compliance/Settlement Conference will be held on or before the date by which disclosure was to be completed as directed at the Preliminary Conference. Notes of Issue shall be filed when the matter is case ready. Counsel should not wait for court permission to file a Note of Issue, unless readiness is disputed.   ["compliance-conference", "note-of-issue", "case-management"] [] 9 Dutchess supreme part_rules
NY-SC-9JD-DAVIS-004 Individual Part Rules of Justice Thomas R. Davis 168 NY-SC-9JD-DAVIS 3.f Discovery Disputes Counsel who believes that discovery is not being conducted in accordance with the Court's Order is to discuss, in good faith, as required by Court Rule § 202.7, the claimed noncompliance. A pro forma letter does not constitute a good faith effort. The parties are NOT to make any motion concerning discovery except as permitted herein. If counsel cannot resolve the discovery issue between themselves, the counsel is to contact the Court by letter uploaded to NYSCEF to advise of the nature of the dispute and the efforts that have been made to attempt to resolve it. The Court will either resolve the issue by letter or by scheduling a conference. Only after such conference, if the issue is not resolved, will a motion be considered.   ["discovery-disputes", "depositions"] ["22 NYCRR \u00a7 202.7", "22 NYCRR \u00a7 221.1"] 9 Dutchess supreme part_rules
NY-SC-9JD-DAVIS-005 Individual Part Rules of Justice Thomas R. Davis 168 NY-SC-9JD-DAVIS 4.a.vii Working Copies Requirement Unless otherwise advised by the Court, Counsel and self-represented parties MUST provide working copies to chambers of the following papers offered in support of all motions, whether brought by notice of motion, order to show cause or ex parte: Affirmations; Affidavits; and Memoranda of Law. Exhibits attached to or referenced in the foregoing do not need to be provided as working copies. If the Court requires working copies of any exhibits, counsel or the self-represented party will be advised. Working copies of the foregoing should be submitted within one week of e-filing.   ["courtesy-copies"] [] 9 Dutchess supreme part_rules
NY-SC-9JD-DAVIS-006 Individual Part Rules of Justice Thomas R. Davis 168 NY-SC-9JD-DAVIS 4.e.i Summary Judgment Motions Summary Judgment motions must be made within sixty (60) days of the filing of the Note of Issue. Unless otherwise permitted by the Court in advance, the return date of a Summary Judgment motion shall be no later than thirty (30) days after the date it is filed/submitted. Statements of Material Facts in connection with summary judgment motions are not required by this Part and will not be considered absent a specific authorization from the Court.   ["summary-judgment"] [] 9 Dutchess supreme part_rules
NY-SC-9JD-DAVIS-007 Individual Part Rules of Justice Thomas R. Davis 168 NY-SC-9JD-DAVIS 6.c Motions in Limine Motions in limine must be made by Order to Show Cause. The supporting papers MUST contain a representation that counsel has given at least 7 days' notice to opposing counsel prior to the filing of the Order to Show Cause. All motions in limine shall be made returnable at least seven (7) days prior to the scheduled trial date. Within 7 days of the date a jury selection day is provided by the Court, counsel shall confirm their own availability, notify their client, all experts and witnesses of the trial dates, and communicate to the Court any reason they may be unable to attend.   ["hearing-procedures", "trial-procedures"] [] 9 Dutchess supreme part_rules
WATSON-001 Part Rules – Hon. Denise M. Watson, Acting Supreme Court Justice, Dutchess County 137 NY-SC-9JD-WATSON Appearances Record of Appearance Within ten days of written notification of this Part's assignment to a case, or written notification of a Preliminary Conference, each attorney shall file a record of appearance with chambers including attorney's name, firm, mailing address, telephone/facsimile number, party represented, and a written acknowledgment of familiarity with these Part Rules.   ["attorney-conduct", "conference-procedures"] ["22 NYCRR \u00a7 130-2.1", "22 NYCRR \u00a7 202.27"] 9 Dutchess supreme part_rules
WATSON-002 Part Rules – Hon. Denise M. Watson, Acting Supreme Court Justice, Dutchess County 137 NY-SC-9JD-WATSON Preliminary Conferences Preliminary Conference Procedures The Court will schedule a preliminary conference within 45 days after an RJI has been filed. A form Stipulation and Order shall be provided establishing a timetable for discovery. The Stipulation and Order shall identify the deadline for filing a note of issue. Once 'so ordered,' no modifications are permitted except by written order of the Court.   ["preliminary-conference", "discovery-scheduling", "note-of-issue"] [] 9 Dutchess supreme part_rules
WATSON-003 Part Rules – Hon. Denise M. Watson, Acting Supreme Court Justice, Dutchess County 137 NY-SC-9JD-WATSON Matrimonial Actions Matrimonial Preliminary Conference Requirements Upon scheduling a preliminary conference in a matrimonial action, the Court will provide counsel with a Matrimonial Order Directing Preliminary Conference and a Matrimonial Preliminary Conference Stipulation and Order. The parties must be present for the preliminary conference. No later than 10 days prior, each party shall file: retainer agreement, Statement of Net Worth, most recent paystub and income tax return. Any application regarding child support must be accompanied by a completed Child Support Worksheet.   ["matrimonial", "preliminary-conference"] [] 9 Dutchess supreme part_rules
WATSON-004 Part Rules – Hon. Denise M. Watson, Acting Supreme Court Justice, Dutchess County 137 NY-SC-9JD-WATSON Disclosure Discovery Disputes Parties who have a discovery dispute are NOT to wait until the Compliance Conference to bring such dispute to the Court's attention. Counsel must discuss the claimed noncompliance in good faith with opposing counsel – a pro forma letter does not constitute a good faith effort. If counsel cannot resolve the issue after a good faith effort, counsel shall contact the Court to request an expedited conference. No discovery motion shall be made without first requesting Court intervention.   ["discovery-disputes"] ["22 NYCRR \u00a7 202.7"] 9 Dutchess supreme part_rules
WATSON-005 Part Rules – Hon. Denise M. Watson, Acting Supreme Court Justice, Dutchess County 137 NY-SC-9JD-WATSON Pretrial Conference Pretrial Conference Within 45 days of filing a Note of Issue, the Court shall schedule a pretrial conference. At the conference, the Court shall schedule a trial date, establish deadline for exchange of expert witness information per CPLR §3101(d)(1) – no later than 90 days before trial for the party bearing the burden of proof, and explore limitation of issues for trial. The plaintiff shall file no later than five days prior to the Pretrial Conference: marked pleadings, verified bill of particulars, and any medical reports and records.   ["pre-trial-conference", "trial-settings", "note-of-issue"] ["CPLR \u00a73101(d)(1)"] 9 Dutchess supreme part_rules
WATSON-006 Part Rules – Hon. Denise M. Watson, Acting Supreme Court Justice, Dutchess County 137 NY-SC-9JD-WATSON Motions Motion Practice Motions for Summary Judgment shall be made within 60 days after filing the Note of Issue. Motions are returnable on Mondays with no appearances unless directed by the Court. Courtesy hard copies of all motion papers with exhibit tabs must be delivered to chambers by the motion return date, along with a copy of the NYSCEF filing confirmation notice and proof of payment. The Court does not accept sur-reply papers.   ["summary-judgment", "hearing-procedures", "note-of-issue"] [] 9 Dutchess supreme part_rules

Advanced export

JSON shape: default, array, newline-delimited, object

CSV options: 

CREATE TABLE provisions (
    provision_id TEXT PRIMARY KEY,
    doc_id INTEGER REFERENCES documents(doc_id),
    judge_id TEXT REFERENCES judges(judge_id),
    rule_number TEXT,
    title TEXT,
    text TEXT,
    source_page INTEGER,
    topics TEXT,
    cross_references TEXT,
    judicial_district INTEGER,
    county TEXT,
    court_type TEXT DEFAULT 'supreme',
    doc_type TEXT DEFAULT 'part_rules'
);