Provisions

Individual rule provisions extracted from part rules documents

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

11 rows where county = "New York" and judge_id = "NY-SC-1JD-CAPITTI"

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  • New York · 11 ✖
provision_id ▼ doc_id judge_id rule_number title text source_page topics cross_references judicial_district county court_type doc_type
NY-SC-1JD-CAPITTI-001 Compliance Conference Order Form — IAS Part 9, Matrimonial Division (Hon. Linda M. Capitti) 38 NY-SC-1JD-CAPITTI FORM Compliance Conference Order — Required Contents The Compliance Conference Order for Part 9 covers: (I) Completed Discovery — categories include tax returns, credit card statements, checking/brokerage/savings account statements; (II) Outstanding Discovery — listing overdue items and disclosure due dates by NYSCEF No.; (III) Disputed Discovery — parties submit letter briefs of no longer than two (2) pages and proposed orders resolving the discovery dispute for court resolution at the conference; (IV) Special Master — appointment, subject matter, and cost allocation between plaintiff and defendant; (V) Depositions — deadlines for party and non-party depositions; (VI) End Date for Disclosure — all disclosure completed by a set date; (VII/VIII) Custody Issues — forensic evaluation status and other custody/parenting time issues; (IX) Status Conference — date, whether parties' appearances are excused, and whether conference is held virtually. 1 ["compliance-conference", "discovery-scheduling", "matrimonial"] [] 1 New York supreme court_form
NY-SC-1JD-CAPITTI-P9-001 Part 9 Rules – Matrimonial Division (Hon. Linda M. Capitti) – Updated December 10, 2025 97 NY-SC-1JD-CAPITTI I – General Part Rules General Rules – Appearances and Requirements The Uniform Civil Rules for the Supreme Court and the County Court (22 NYCRR 202 et seq.) are incorporated by reference into these Part Rules. All appearances before Justice Capitti are in person unless otherwise directed by the court. Parties and counsel must be present on any calendared court date unless expressly excused by the court. All matters are scheduled for a time certain and will begin at the designated time. If a party requires a language interpreter, one must be requested via email to the Part Clerk upon receiving notice of the appearance.   ["courtroom-procedures", "part-rules"] ["22 NYCRR 202 et seq."] 1 New York supreme part_rules
NY-SC-1JD-CAPITTI-P9-002 Part 9 Rules – Matrimonial Division (Hon. Linda M. Capitti) – Updated December 10, 2025 97 NY-SC-1JD-CAPITTI II – Adjournments Adjournment Procedures All adjournments require prior approval of the court. Adjournment requests must be submitted via email to the Principal Court Attorney, Assistant Law Clerk, Part 9, all counsel, and any pro se parties. Adjournment requests must be made at least three (3) days before a conference or motion return date, or two (2) weeks before a hearing or trial. If an adjournment request is granted, counsel must upload a stipulation to NYSCEF listing four (4) dates and times that all counsel and parties are available. A courtesy copy of the stipulation shall also be emailed to the Principal Court Attorney, Assistant Law Clerk, and Part 9.   ["adjournments", "matrimonial"] [] 1 New York supreme part_rules
NY-SC-1JD-CAPITTI-P9-003 Part 9 Rules – Matrimonial Division (Hon. Linda M. Capitti) – Updated December 10, 2025 97 NY-SC-1JD-CAPITTI III – Communications Communications with the Court All emails to the court must state both the caption and index number of the relevant case in the email's subject line. All emails to the court must include all counsel and any pro se parties as recipients. Ex parte communications with the court are strictly prohibited and will not be reviewed or considered. Emails to the Principal Court Attorney and Assistant Law Clerk are permitted in emergency circumstances. General inquiries, excluding adjournment requests, shall be directed to the Part Clerk via email. Litigation by email is strictly prohibited. All correspondence with the court and chambers, excluding adjournment requests, shall be by letter filed to NYSCEF.   ["communication-preferences", "e-filing"] [] 1 New York supreme part_rules
NY-SC-1JD-CAPITTI-P9-004 Part 9 Rules – Matrimonial Division (Hon. Linda M. Capitti) – Updated December 10, 2025 97 NY-SC-1JD-CAPITTI IV – Preliminary Conferences Preliminary Conference Requirements A preliminary conference will take place during a case's first appearance or the return date of the first motion, unless otherwise directed by the court. At least one (1) day before the preliminary conference, counsel or parties must upload to NYSCEF: (i) a completed and signed matrimonial preliminary conference order; (ii) statements of net worth; and (iii) a child support worksheet and proposed parenting plan (if applicable). A hard copy of the proposed preliminary conference order signed by the parties and counsel must be provided to the court on the preliminary conference date.   ["preliminary-conference", "matrimonial"] [] 1 New York supreme part_rules
NY-SC-1JD-CAPITTI-P9-005 Part 9 Rules – Matrimonial Division (Hon. Linda M. Capitti) – Updated December 10, 2025 97 NY-SC-1JD-CAPITTI V – Motions Motion Practice Requirements To reduce the need for motion practice, where good faith efforts to resolve an issue are unsuccessful, counsel shall request a pre-motion conference to allow the court the opportunity to resolve the issue before a motion is made. All motions must be made by Order to Show Cause and indicate the respective motion sequence number on the first page. Motions made by Notice of Motion will not be considered. All orders to show cause for emergency interim relief require in-person appearances on the record. Parties are required to attend. Any request for issuance of a temporary order of protection (TOP) must contain the Family Protection Registry Information Sheet; the party requesting the TOP must be present in person.   ["part-rules", "matrimonial", "hearing-procedures"] [] 1 New York supreme part_rules
NY-SC-1JD-CAPITTI-P9-006 Part 9 Rules – Matrimonial Division (Hon. Linda M. Capitti) – Updated December 10, 2025 97 NY-SC-1JD-CAPITTI VI – Pre-Trial Conferences & Trials Pre-Trial Conference and Trial Requirements Prior to a pre-trial conference, counsel or the parties shall file on NYSCEF and exchange: (i) a statement of proposed disposition; (ii) child support worksheet (if applicable); (iii) updated net worth statements; (iv) most recently filed tax returns; and (v) a witness list with meaningful offer of proof for each witness. Hard copies of all trial exhibits shall be brought to the court on the date of trial, as well as uploaded to NYSCEF. Counsel and parties must utilize Bates numbering and stamping in the production of documents. If counsel or a party intends to offer audio or video evidence, such evidence must be viewable on a computer equipped with an HDMI port or compatible HDMI adapter. Evidence cannot be provided in the form of external storage devices (e.g., USB flash drives, CDs).   ["pre-trial-conference", "trial-procedures", "exhibits", "matrimonial"] [] 1 New York supreme part_rules
NY-SC-1JD-CAPITTI-P9-007 Part 9 Rules – Matrimonial Division (Hon. Linda M. Capitti) – Updated December 10, 2025 97 NY-SC-1JD-CAPITTI VII – Electronic Filing (NYSCEF) E-Filing Requirements The following documents requiring the court's attention must be filed to NYSCEF: (i) stipulations to be so ordered; (ii) subpoenas for signature; and (iii) proposed orders and judgments for signature. Courtesy copies must be sent to the Principal Court Attorney, Assistant Law Clerk, and Part 9 via email. The court strongly encourages contested matrimonial cases to be e-filed on NYSCEF.   ["e-filing", "courtesy-copies", "matrimonial"] [] 1 New York supreme part_rules
NY-SC-1JD-CAPITTI-P9-008 Part 9 Rules – Matrimonial Division (Hon. Linda M. Capitti) – Updated December 10, 2025 97 NY-SC-1JD-CAPITTI VIII – Virtual Appearances Virtual Appearance Procedures All conferences with the Principal Court Attorney and/or Assistant Law Clerk are conducted virtually and may be held at the discretion of the court and/or upon request of counsel or parties via email addressed to the Principal Court Attorney, Assistant Law Clerk, and Part 9, with all counsel and any pro se parties included as recipients. If counsel and/or parties are directed to appear virtually: (i) be in a quiet area with minimal background noise and a strong internet connection; (ii) have Microsoft Teams application up to date; and (iii) ensure microphone and camera are functioning properly. Counsel and parties appearing virtually must have their cameras on and must not be walking or operating a motor vehicle for the duration of the appearance. Recording video or audio, as well as taking photographs or screenshots, is prohibited pursuant to 22 NYCRR 29 and 22 NYCRR 131.   ["remote-hearings", "conference-procedures"] ["22 NYCRR 29", "22 NYCRR 131"] 1 New York supreme part_rules
NY-SC-1JD-CAPITTI-P9-SC-001 Status Conference Order – IAS Part 9, Matrimonial Division (Hon. Linda M. Capitti) 100 NY-SC-1JD-CAPITTI Status Conference Order – Financial Issues Financial Discovery Status and Note of Issue The Court held a Compliance Conference on a specified date. The failure to file this status conference order, in advance of the conference date, in compliance with the Part Rules, may result in adjournment of the conference. FINANCIAL ISSUES: The parties agree that all discovery as directed in the Compliance Conference Order is now complete, subject only to the parties' production of updated financial documents through trial; OR the parties agreed that specified discovery is outstanding and shall be produced according to specified deadlines. ALL DISCLOSURE TO BE COMPLETE BY: a specified date. NEUTRAL EVALUATOR/EXPERT REPORTS TO BE EXCHANGED BY: a specified date. REBUTTAL REPORTS TO BE EXCHANGED BY: a specified date. NOTE OF ISSUE: a specified party shall file a note of issue on a specified date. All financial issues will be referred to the Special Referee Office for trial OR all financial issues will be tried before this Court.   ["compliance-conference", "note-of-issue", "discovery-scheduling", "matrimonial"] [] 1 New York supreme court_form
NY-SC-1JD-CAPITTI-P9-SC-002 Status Conference Order – IAS Part 9, Matrimonial Division (Hon. Linda M. Capitti) 100 NY-SC-1JD-CAPITTI Status Conference Order – Custody Issues Custody Issues and Trial Scheduling CUSTODY ISSUES: All custody issues resolved by stipulation dated a specified date; OR all custody issues will be tried before this Court, with parties to appear for a Trial Scheduling Conference on a specified date. FORENSIC EXPERT REPORT PRODUCED/DUE BY: a specified date. OTHER ISSUES: Any issues not otherwise addressed above that were raised at the Status Conference shall be documented.   ["pre-trial-conference", "matrimonial", "trial-settings"] [] 1 New York supreme court_form

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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'
);