Provisions

Individual rule provisions extracted from part rules documents

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

74 rows where county = "Rockland"

✎ View and edit SQL

This data as json, CSV (advanced)

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

judicial_district 1

  • 9 74

doc_type 1

county 1

  • Rockland · 74 ✖
provision_id ▼ doc_id judge_id rule_number title text source_page topics cross_references judicial_district county court_type doc_type
COLLINS-001 Individual Part Rules of Hon. John P. Collins, Jr., J.S.C., Rockland County Supreme Court 151 NY-SC-9JD-COLLINS II.C Electronic Filing Counsel and self-represented parties shall familiarize themselves with the statewide E-Filing Rules (22 NYCRR 202.5-b and 202.5-bb). All documents in mandatory e-filed cases shall be filed through the New York Courts E-Filing System (NYSCEF). For NYSCEF cases, working copies are not accepted, unless otherwise directed.   ["e-filing", "courtesy-copies"] ["22 NYCRR 202.5-b", "22 NYCRR 202.5-bb"] 9 Rockland supreme part_rules
COLLINS-002 Individual Part Rules of Hon. John P. Collins, Jr., J.S.C., Rockland County Supreme Court 151 NY-SC-9JD-COLLINS II.D Appearances by Counsel and Parties Generally, appearances are in person unless otherwise ordered by the Court. Virtual appearances will be conducted via Microsoft Teams. Teams links will be sent only to the parties' service e-mail addresses listed on their NYSCEF accounts. Recording of virtual appearances is prohibited and subject to sanctions. Adjournments of any appearance shall be granted only upon a showing of good cause. Requests shall state the appearance date, whether all parties consent, and three proposed dates.   ["attorney-conduct", "remote-hearings", "adjournments"] ["22 NYCRR 202.27", "22 NYCRR 130-2.1", "22 NYCRR 202.10(b)"] 9 Rockland supreme part_rules
COLLINS-003 Individual Part Rules of Hon. John P. Collins, Jr., J.S.C., Rockland County Supreme Court 151 NY-SC-9JD-COLLINS II.E Mediation Referrals to mediation shall take place at the earliest practicable time. The Ninth Judicial District has developed a District-wide Presumptive Mediation Program. Cases that may be suitable for presumptive mediation include: personal injury actions involving claims of $50,000 or less; collection cases involving claims of $50,000 or less; breach of contract actions for home improvement or real estate matters involving claims of $50,000 or less.   ["mediation", "case-management"] [] 9 Rockland supreme part_rules
COLLINS-004 Individual Part Rules of Hon. John P. Collins, Jr., J.S.C., Rockland County Supreme Court 151 NY-SC-9JD-COLLINS IV.B Preliminary Conferences A party may request a preliminary conference at any time after service of process by e-filing an RJI together with the request. In lieu of an appearance, the parties may confer and submit a fully executed preliminary conference stipulation to be so-ordered. The form stipulation must be uploaded at least three (3) business days before the scheduled preliminary conference. Preliminary conferences are held in person Monday through Thursday mornings at 9:30 a.m.   ["preliminary-conference", "scheduling-orders"] ["22 NYCRR 202.12(a)", "22 NYCRR 202.12(c)", "22 NYCRR 202.19"] 9 Rockland supreme part_rules
COLLINS-005 Individual Part Rules of Hon. John P. Collins, Jr., J.S.C., Rockland County Supreme Court 151 NY-SC-9JD-COLLINS IV.C Compliance Conferences The first compliance conference shall be held approximately 150 days prior to the deadline to complete all discovery. Compliance conferences may not be adjourned, and discovery deadlines may not be extended by stipulation. Only the Court has the authority to adjourn a compliance conference or extend discovery deadlines.   ["compliance-conference", "discovery-scheduling"] [] 9 Rockland supreme part_rules
COLLINS-006 Individual Part Rules of Hon. John P. Collins, Jr., J.S.C., Rockland County Supreme Court 151 NY-SC-9JD-COLLINS V Discovery and Discovery Motions No discovery-related motion may be filed until a pre-motion conference has been requested and held. Parties who believe that discovery is not being conducted in accordance with an order of the Court are to discuss, in good faith, the claimed noncompliance. A pro forma letter does not constitute a good faith effort. The parties are expected to confer in good faith either in-person or by telephone. Counsel are expected to abide by the Uniform Rules for the Conduct of Depositions 22 NYCRR 221.1 et seq.   ["discovery-disputes", "depositions", "discovery-scheduling"] ["22 NYCRR 202.20-f", "22 NYCRR 221.1", "22 NYCRR 221.2"] 9 Rockland supreme part_rules
COLLINS-007 Individual Part Rules of Hon. John P. Collins, Jr., J.S.C., Rockland County Supreme Court 151 NY-SC-9JD-COLLINS VI.A Motion Return Dates and Appearances Motions shall be made returnable on Fridays. Absent a specific order to the contrary, all motions shall be submitted without oral argument. There will be no appearances on the return date of any motion unless this Court so directs. The return date for any motion may not be adjourned more than three (3) times and the return date may not be adjourned for a period exceeding a total of sixty (60) days.   ["hearing-procedures", "adjournments"] ["22 NYCRR 202.8-b", "22 NYCRR 202.8-c"] 9 Rockland supreme part_rules
COLLINS-008 Individual Part Rules of Hon. John P. Collins, Jr., J.S.C., Rockland County Supreme Court 151 NY-SC-9JD-COLLINS VII Special Rules for Contested Matrimonial Actions Counsel must be familiar, and comply, with the provisions of 22 NYCRR §202.16. Prior to the Preliminary Conference, the parties are required to file and exchange Net Worth Statements, pay stubs, W-2 statements, tax returns and statements of accounts. Except as herein provided for pre-note of issue cases, no motions are to be made without the movant first requesting a pre-motion conference.   ["matrimonial", "preliminary-conference"] ["22 NYCRR \u00a7202.16", "22 NYCRR \u00a7202.16(k)", "22 NYCRR \u00a7202.16(b)"] 9 Rockland supreme part_rules
COLLINS-009 Individual Part Rules of Hon. John P. Collins, Jr., J.S.C., Rockland County Supreme Court 151 NY-SC-9JD-COLLINS XI Foreclosure Actions All motions pursuant to this section must include a proposed order which disposes of the motion. Motion templates available at https://www.nycourts.gov/forms/foreclosure/index.shtml relevant to residential foreclosure cases where the homeowner has defaulted must be utilized. All proposed Judgments of Foreclosure and Sale must comply with the form set forth in the motion templates and must include public notice of the time and place of the sale in The Journal News and Rockland County Times.   ["foreclosure"] [] 9 Rockland supreme part_rules
COLLINS-010 Individual Part Rules of Hon. John P. Collins, Jr., J.S.C., Rockland County Supreme Court 151 NY-SC-9JD-COLLINS VIII.B Deadline for Motions for Summary Judgment The deadline to make any motion for summary judgment after the filing of the note of issue shall be set forth in the trial readiness order. Unless otherwise provided, any motion for summary judgment by any party must be made within 60 days following the filing of the note of issue; opposition papers must be served and filed within 30 days of service and filing of the motion papers; and reply papers must be served and filed within 10 days following service of any opposition papers.   ["summary-judgment", "note-of-issue"] [] 9 Rockland supreme part_rules
COLLINS-011 Individual Part Rules of Hon. John P. Collins, Jr., J.S.C., Rockland County Supreme Court 151 NY-SC-9JD-COLLINS IX Trial Practice Rules Upon pre-assignment of the trial to the Court, this Court will conduct a pre-trial conference with all counsel. Trial notebooks are due not less than five (5) business days prior to the commencement of any trial. Trial notebooks shall contain: proposed witness list; proposed exhibit list including the exhibits; marked pleadings; Bills of Particulars; all medical narrative reports; all expert disclosures pursuant to CPLR 3101(d); memoranda of law; requests to charge; and proposed verdict sheet.   ["pre-trial-conference", "trial-procedures", "exhibits"] ["CPLR 3101(d)"] 9 Rockland supreme part_rules
CORNELL-001 Combined Individual Part Rules: Surrogate's and Supreme Court of Hon. Keith J. Cornell 153 NY-SC-9JD-CORNELL I Communications with the Court Ex parte communication with the Court is prohibited. In Supreme Court cases, all correspondence must be transmitted to the Court via NYSCEF. In Surrogate's Court matters, DO NOT e-file correspondence. All correspondence should include the Surrogate's File Number and be emailed to the Chief Clerk and Deputy Clerk. The Court does not accept any submission by fax transmission. STATUS UPDATES WILL NOT BE PROVIDED. The Court makes every effort to issue written decisions and orders within 60 days of the matter being marked fully submitted.   ["communication-preferences", "e-filing"] [] 9 Rockland supreme part_rules
CORNELL-002 Combined Individual Part Rules: Surrogate's and Supreme Court of Hon. Keith J. Cornell 153 NY-SC-9JD-CORNELL II Filing of Papers Supreme Court and Surrogate's Court are e-filing courts. All documents are to be filed through NYSCEF unless otherwise directed or subject to opt-out provisions. Pursuant to Surrogate's E-file protocol, the Original Last Will and Testament and Certified Death Certificate must be submitted within three business days of e-filing. Plaintiffs/Petitioners/Movants shall designate exhibits by number. Defendants/Respondents/Objectants shall designate exhibits by letter.   ["e-filing"] ["22 NYCRR 202.5-bb"] 9 Rockland supreme part_rules
CORNELL-003 Combined Individual Part Rules: Surrogate's and Supreme Court of Hon. Keith J. Cornell 153 NY-SC-9JD-CORNELL III.H Adjournments of Appearances Requests for adjournments are discouraged. Requests to adjourn in SUPREME COURT must be made in writing and filed via NYSCEF at least 48 hours in advance. All applications for adjournments must set forth the reason why an adjournment is necessary and two to three agreed upon adjourned dates. The parties should not assume that the request for adjournment has been granted unless specifically advised by the Court.   ["adjournments", "conference-procedures"] [] 9 Rockland supreme part_rules
CORNELL-004 Combined Individual Part Rules: Surrogate's and Supreme Court of Hon. Keith J. Cornell 153 NY-SC-9JD-CORNELL IV Preliminary Conferences - Supreme Court The Court will schedule a Preliminary Conference within 45 days after a Request for Judicial Intervention (RJI) has been filed on a matter. At the Preliminary Conference, the Court will set specific dates for completion of various items of discovery, the date by which all disclosure must be completed, 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", "scheduling-orders"] ["22 NYCRR 202.12(c)", "22 NYCRR 202.56(b)", "22 NYCRR 202.16"] 9 Rockland supreme part_rules
CORNELL-005 Combined Individual Part Rules: Surrogate's and Supreme Court of Hon. Keith J. Cornell 153 NY-SC-9JD-CORNELL V Discovery Disputes Counsel should make every effort to resolve discovery disputes amongst themselves and avoid discovery motions. DO NOT copy the Court on correspondence between counsel concerning discovery issues unless specifically requested. Leave of Court shall be required before making motions related to discovery disputes. All discovery motions must include an affidavit per 22 NYCRR §202.7(c) detailing the good faith efforts made by counsel to resolve the issues prior to filing the motion.   ["discovery-disputes", "depositions"] ["22 NYCRR 202.7(c)", "22 NYCRR 221.1", "22 NYCRR 221.2"] 9 Rockland supreme part_rules
CORNELL-006 Combined Individual Part Rules: Surrogate's and Supreme Court of Hon. Keith J. Cornell 153 NY-SC-9JD-CORNELL VII.G Summary Judgment Motions Summary Judgment motions must be made within sixty (60) days of the filing of the Note of Issue or on the direction of the Court. If Summary Judgment motion is made prior to completion of discovery, the making of the motion is not to be deemed to be an automatic stay of discovery. Unsigned deposition transcripts will not be considered on motions for Summary Judgment unless it is demonstrated that the transcript was forwarded to the deponent for review and signature in compliance with CPLR 3116(a).   ["summary-judgment", "note-of-issue", "depositions"] ["CPLR 3116(a)"] 9 Rockland supreme part_rules
CORNELL-007 Combined Individual Part Rules: Surrogate's and Supreme Court of Hon. Keith J. Cornell 153 NY-SC-9JD-CORNELL XI Contested Matrimonial Actions - Special Rules Prior to the Preliminary Conference, the parties are required to file and exchange Net Worth Statements, pay stubs, W-2 statements, tax returns and statements of accounts. Counsel must have substantive communications before the date set for the preliminary conference. The Court expects the parties to agree upon grounds if the action has been brought under DRL §170(7). All motions including cross-motions in matrimonial actions MUST be made by Order to Show Cause. Counsel must inform their clients of the automatic orders created by DRL §236(B)(2)(b).   ["matrimonial", "preliminary-conference"] ["22 NYCRR \u00a7202.16(f)(1)", "DRL \u00a7170(7)", "DRL \u00a7236(B)(2)(b)"] 9 Rockland supreme part_rules
CORNELL-008 Combined Individual Part Rules: Surrogate's and Supreme Court of Hon. Keith J. Cornell 153 NY-SC-9JD-CORNELL XIII Trials and Hearings Once scheduled, all trial and hearing dates shall be deemed firm. All CPLR §3101(d) expert witness disclosure shall be completed no later than 30 days prior to trial. Counsel and self-represented parties must provide the Court and opposing counsel with a trial notebook no later than 14 days prior to the first scheduled trial date. Trials of personal injury actions, except those involving claims of wrongful death or medical/dental malpractice, will be bifurcated in accordance with 22 NYCRR §202.42.   ["trial-procedures", "pre-trial-conference", "exhibits"] ["22 NYCRR 202.42", "22 NYCRR 202.31", "22 NYCRR 202.37"] 9 Rockland supreme part_rules
DESIR-001 Individual Part Rules – Hon. Djinsad Desir 127 NY-SC-9JD-DESIR I Communications with the Court Correspondence must bear full caption and index number and state that copy was provided to all counsel simultaneously. Litigation by letter expressly prohibited. All e-mail correspondence sent to Part Clerk and Part e-mail (9JD-JudgeDesir@nycourts.gov) with all parties copied. Ex parte correspondence not permitted unless directed. E-mail correspondence between counsel shall not be copied to Court. Telephone calls to Chambers permitted only in situations requiring immediate/emergency attention or if conference call approved by Court with all parties participating. Court does not accept legal papers by fax.   ["communication-preferences"] [] 9 Rockland supreme part_rules
DESIR-002 Individual Part Rules – Hon. Djinsad Desir 127 NY-SC-9JD-DESIR II E-Filing Rules and Protocols; eTrack; Working Copies Counsel must familiarize themselves with 22 NYCRR §§202.5-b and 202.5-bb and Rockland County E-Filing Protocol. All documents in mandatory e-filed cases to be filed through NYSCEF. eTrack: parties and/or their counsel must be registered for the eTrack service for all cases and regularly check eTrack. Working copies: this Part does NOT require working copies unless Court notifies. Hard copy submissions in e-filed cases will be rejected unless bearing Notice of Hard Copy Submission per 22 NYCRR §202.5-b(d)(1)(iv).   ["e-filing"] ["22 NYCRR 202.5-b", "22 NYCRR 202.5-bb"] 9 Rockland supreme part_rules
DESIR-003 Individual Part Rules – Hon. Djinsad Desir 127 NY-SC-9JD-DESIR III Appearances (E-Filed Cases) Attorneys appearing shall file Notice of Appearance and register in NYSCEF. Self-represented litigants shall register as participating parties on NYSCEF.   ["attorney-conduct", "e-filing"] [] 9 Rockland supreme part_rules
DESIR-004 Individual Part Rules – Hon. Djinsad Desir 127 NY-SC-9JD-DESIR IV Conferences Court's calendar called at 9:30 a.m. daily except conferences assigned another time. Counsel and self-represented parties shall appear on time even if virtual. If unable to appear on time, contact opposing party and notify Part Clerk by both email and telephone. Conference Appearances: appearing counsel must be fully familiar with case and authorized to enter into binding agreements. Failure may be treated as default resulting in dismissal, striking of answer, inquest, or other remedy per 22 NYCRR §202.27. In matrimonial actions, litigants must appear with counsel for all conferences unless excused. Adjournments of conferences: for e-filed cases, request must be filed to NYSCEF at least 48 hours in advance; for non-e-filed cases, via email to Part Clerk with Part email and all parties copied at least 48 hours in advance. Adjournment requests must set forth: reason, consent/objection, length sought or available date, number of prior adjournment requests. Requesting party must inform all other parties in writing if granted. Preliminary Conferences: within 45 days after RJI filed. If all parties represented by counsel (except contested matrimonial), appearances waived if completed Proposed Preliminary Conference Order received by Court no later than 3 business days prior to scheduled conference. Trial Scheduling Conference: 60 days after Note of Issue filing. Trial dates assigned by order; once scheduled, number of days cannot be increased. Generally 5 hours per day of trial time. Pre-Trial Conferences: to finalize witness scheduling and, for jury trials, draft jury charges and verdict sheets. Parties must e-mail and e-file proposed jury charges and verdict sheet with side-by-side comparison at least 10 days before Pre-Trial Conference.   ["conference-procedures", "adjournments", "preliminary-conference", "pre-trial-conference", "trial-settings"] ["22 NYCRR 202.27", "22 NYCRR 202.11", "22 NYCRR 202.12"] 9 Rockland supreme part_rules
DESIR-005 Individual Part Rules – Hon. Djinsad Desir 127 NY-SC-9JD-DESIR V Discovery Discovery is not stayed by dispositive motion or ADR. Production deadlines presumptively 5:00 p.m. EST and within 10 days of an order if not specified otherwise. Requesting a Discovery Conference: do not wait until compliance conference; request by email to Part e-mail with subject line 'Discovery Conference Request: [Index number, case name]' with brief statement (max 500 words) of unresolved dispute(s). Non-requesting party may respond within 24 hours by replying all with 500 words or less. Individual Pre-Conference Letters: if permission granted, parties shall e-file letters of no more than 1,500 words at least 48 hours before conference. Privilege: objecting party must serve privilege log of responsive documents with production, identifying all redacted and withheld documents by bates-stamp numbers, dates, authors, recipients, subject matter, and privileges asserted; failure to serve privilege log is waiver absent good cause. ESI: counsel must discuss ESI with clients and then meet and confer with opposing counsel, reaching agreement on scope, location, format, custodians, costs, timing, and filing sharing techniques. Depositions: scheduled depositions cannot be adjourned without Court approval; parties must conduct depositions per CPLR 3115 and Rule 221. Discovery motions not permitted unless specifically authorized or directed by Court; must be brought by Order to Show Cause.   ["discovery-scheduling", "discovery-disputes", "depositions"] ["CPLR 3115", "Rule 221 Uniform Rules"] 9 Rockland supreme part_rules
DESIR-006 Individual Part Rules – Hon. Djinsad Desir 127 NY-SC-9JD-DESIR VI Motion Practice Written applications returnable at 9:30 a.m. on any Thursday. All motion papers must comply with 22 NYCRR §202.8-b. Page limits: affidavits, affirmations, briefs, and memoranda of law in chief limited to 7,000 words each; reply limited to 4,200 words, must not contain arguments not responding to arguments in chief. Papers limited to moving, opposing (including cross-motions), and reply papers; no sur-reply in any instance except by express Court permission. No oral argument unless directed; request by writing 'Oral Argument Requested' above index number. All motion papers must be typed (12-point), double-spaced, securely bound, fully legible. Filing motion does not relieve party from attending previously scheduled appearances. Specific motions must be brought by OSC: to be relieved as counsel, pro hac vice, discovery motions, seal motions, all motions and cross-motions in matrimonial actions, motions in limine. Dispositive motions: summary judgment motions within 60 days of deadline to file Note of Issue. Parties required to meet and confer before any summary judgment motion to attempt joint statement of agreed-upon facts. Motion exhibits: for hard copy filings, labeled with external tab markings (P then number for plaintiff; D then number for defendant); for e-filed motions, each exhibit must be separately e-filed with descriptive title. Adjournments of motions: request via NYSCEF as 'Motion Document' filed as 'Adjournment of Motion – Request'; no more than 3 adjournments; total period not to exceed 60 days from original return date.   ["hearing-procedures", "page-limits", "briefing-schedule", "summary-judgment", "adjournments"] ["22 NYCRR 202.8-b", "CPLR 3213"] 9 Rockland supreme part_rules
DESIR-007 Individual Part Rules – Hon. Djinsad Desir 127 NY-SC-9JD-DESIR VII Trials & Hearings Subpoenas to municipal entities per CPLR 2306 and 2307; issuance does not constitute admissibility ruling. All HIPAA subpoenas must attach duly executed authorization. Interpreters: Part Clerk must be notified no later than Pre-Trial Conference. Personal Injury/Bifurcation: personal injury actions (except wrongful death or medical/dental malpractice) will be bifurcated per 22 NYCRR §202.42. Jury selection per 22 NYCRR §202.33; counsel shall not read from pleadings or documents during jury selection, shall not refer to specific monetary amounts, and shall not discuss the law with the jury. Parties and attorneys must stand when jury enters or leaves courtroom. Non-party witnesses shall not be in the courtroom except when testifying. Objections limited to standing and stating 'Objection' and no more than one or two words as basis; no speaking objections. Trial Notebooks: on or before Pre-Trial Conference, must provide: marked pleadings; bills of particulars; copies of all exhibits anticipated; medical narrative reports; expert disclosures per CPLR §3101(d); witness list; prior decisions/orders; memoranda of law; complete list of requested jury charges (PJI citation sufficient if verbatim; deviations must include full text with authority highlighting deviations); proposed verdict sheet jointly prepared (if no agreement, each party proposes).   ["trial-procedures", "exhibits", "pre-trial-conference", "trial-settings", "scheduling-orders"] ["22 NYCRR 202.42", "22 NYCRR 202.33", "CPLR 2306", "CPLR 2307", "CPLR 3101(d)"] 9 Rockland supreme part_rules
DESIR-008 Individual Part Rules – Hon. Djinsad Desir 127 NY-SC-9JD-DESIR VIII-IX Decisions, Orders, Settled/Discontinued Actions Where Court issues Bench Decision, movant shall e-file and e-mail Part e-mail copy of certified transcript to be 'So Ordered'; Court may require proposed order. Proposed orders must also be emailed in Word format in addition to e-filing on NYSCEF. Orders/judgments submitted on notice will be returned unsigned unless affidavit of service and notice of settlement per 22 NYCRR §202.48 included. Upon settlement or withdrawal, counsel must notify Court by email immediately; signed stipulation of discontinuance to be emailed to Part Clerk. Stipulations of Partial Discontinuance shall be e-filed with proper designation. If case stayed by bankruptcy, counsel must immediately file letter via NYSCEF advising Court; when stay lifted, must immediately file letter advising Court.   ["scheduling-orders", "settlement-conferences"] ["22 NYCRR 202.48"] 9 Rockland supreme part_rules
DESIR-009 Individual Part Rules – Hon. Djinsad Desir 127 NY-SC-9JD-DESIR X Foreclosure Actions All motions must include proposed order for Court's signature. Statewide motion templates for residential foreclosure cases must be used. Substitution of Referee by letter (not formal motion) with proposed order to appoint substitute referee. Where loan modification agreement reached, parties shall submit stipulation discontinuing action. Judgment of Foreclosure and Sale must comply with motion templates and include public notice of time and sale in The Journal News (Rockland). Referees shall deposit funds in Referee's name in attorney escrow or IOLA account (or other FDIC-insured account) maintained in Rockland County. Surplus Monies Proceeding: Judgment of Foreclosure and Sale will set forth date and time for post-foreclosure sale Surplus Monies status conference; plaintiff's counsel shall notify appointed Referee of conference date; appearances required unless completed Foreclosure Action Surplus Monies Form filed at least one week prior or Referee notifies Court of non-occurrence of sale.   ["foreclosure"] [] 9 Rockland supreme part_rules
DESIR-010 Individual Part Rules – Hon. Djinsad Desir 127 NY-SC-9JD-DESIR XI Contested Matrimonial Actions Counsel must comply with 22 NYCRR §202.16. 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. Parties to matrimonial actions must appear at all conferences. All motions (including cross-motions) in matrimonial actions must be made by Order to Show Cause; both parties and counsel must appear on return date unless directed otherwise. Pendente lite motions without net worth statement and calculations will be rejected. Custody/access forensic evaluator reports are confidential. Attorney wishing to receive copy must sign affirmation from Part Clerk. Party may review but not possess copy. Self-represented litigants may arrange with Part Clerk to review at courthouse. No recording/photographing devices permitted during review. Pre-Trial Conference: provide Trial Notebook containing: stipulation of relevant facts; joint statement of proposed disposition per 22 NYCRR §202.16(h); child support worksheet; updated net worth statements; forensic reports, appraisals, or evaluations.   ["matrimonial", "preliminary-conference", "pre-trial-conference", "trial-procedures"] ["22 NYCRR 202.16", "DRL 236B(2)(b)", "DRL 240(1-b)(h)"] 9 Rockland supreme part_rules
DESIR-011 Individual Part Rules – Hon. Djinsad Desir 127 NY-SC-9JD-DESIR XII Uncontested Matrimonial Actions All actions must comply with New York State requirements. Only official nycourts.gov forms will be considered. Court reviews submissions on 'as received' basis; working copies not required. Counsel/parties will be advised of deficiencies by Court Notice identifying defective documents, defects, and cure date. All deficiencies must be cured by Court notice date or matter will be dismissed (without prejudice to refile). To vacate dismissal: letter application with proposed order vacating dismissal and documents curing deficiencies. Where Stipulation of Settlement incorporated into Judgment of Divorce, provisions of stipulation must not be copied into proposed Judgment of Divorce or Findings of Fact and Conclusions of Law—only provisions required by form Judgment/Findings should be repeated.   ["matrimonial"] ["DRL 236B"] 9 Rockland supreme part_rules
DESIR-012 Individual Part Rules – Hon. Djinsad Desir 127 NY-SC-9JD-DESIR XIII Substitution/Discharge of Attorneys Except in cases where attorney is replaced by another attorney on consent, any change or withdrawal of counsel must be approved by Court on motion brought by Order to Show Cause per CPLR 321. Corporate entities must be represented by counsel per CPLR 321. Counsel is not relieved until Court order is issued granting such relief. If counsel wishes to stay action for 30 days, may seek TRO; if TRO not sought, action is not stayed. Court does not recognize withdrawal by counsel resulting in party becoming self-represented by filing 'Consent to Change Attorney' form.   ["attorney-conduct"] ["CPLR 321"] 9 Rockland supreme part_rules
DESIR-013 Individual Part Rules – Hon. Djinsad Desir 127 NY-SC-9JD-DESIR XIV Civility & Courtroom Decorum Court requires civility and courteousness. Parties shall refrain from histrionics, showmanship, and gamesmanship. Discourteous behavior such as constant interruptions, outbursts, or ad hominem attacks will not be tolerated and may be deemed contemptuous and/or sanctionable.   ["courtroom-procedures", "attorney-conduct"] [] 9 Rockland supreme part_rules
FRIED-001 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 2 Communications with the Court – Written Correspondence All written correspondence to the Court shall include a subject line with the full title and index number of the action and indicate copies were sent to all other counsel simultaneously. Correspondence shall be concise and state the specific relief sought. Correspondence to Judge Fried and his judicial staff must be submitted via NYSCEF. Fax, email, and mail submissions are not permitted. Non-compliant correspondence will not be read, acknowledged, or responded to.   ["communication-preferences", "e-filing"] [] 9 Rockland supreme part_rules
FRIED-002 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 3 E-Filing Rules, Protocols and Redaction All documents in mandatory e-filed cases are to be filed through NYSCEF. Where redaction is required, the redacted document shall be filed to NYSCEF and the unredacted version emailed to the Judge's Assistant Law Secretary. Self-represented litigants who have opted out of NYSCEF may submit correspondence via fax or hand-delivery to the Supreme Court Clerk on the second floor.   ["e-filing"] ["22 NYCRR \u00a7\u00a7 202.5-b", "202.5-bb"] 9 Rockland supreme part_rules
FRIED-003 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 4(a) Calendar Calls and Conferences – General Rules Court is called promptly at 9:15 AM unless otherwise specified. Appearances are conducted in-person absent express notice to the contrary. Counsel who appear late should expect to financially compensate their adversary for costs. Counsel scheduled before this Court and another court must communicate that fact to the Part Clerk prior to the date of appearance.   ["conference-procedures", "attorney-conduct"] [] 9 Rockland supreme part_rules
FRIED-004 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 4(c) Conference Adjournments A request to adjourn a conference shall be made in writing and submitted via NYSCEF, selecting 'ADJOURNMENT OF CONFERENCE – REQUEST.' Requests must be submitted at least three business days in advance absent exigent circumstances. All applications must set forth: (1) reason for adjournment; (2) whether opposing party consents or objects; and (3) length of adjournment sought or, if on consent, three available dates.   ["adjournments", "conference-procedures"] [] 9 Rockland supreme part_rules
FRIED-005 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 4(d) Preliminary Conferences The Court will generally schedule a Preliminary Conference within 45 days after an RJI is filed. The Court will set specific dates for completion of discovery, the date all disclosure must be completed, and a date for a Compliance Conference. As a general rule, written Preliminary Conference Orders are not issued; the record constitutes the Preliminary Conference Order. No modifications are permitted except by Order of the Court. Items of discovery not timely completed are deemed waived.   ["preliminary-conference", "discovery-scheduling"] ["22 NYCRR \u00a7202.12(c)"] 9 Rockland supreme part_rules
FRIED-006 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 4(e) Compliance Conferences The Court will conduct a Compliance Conference after the date by which disclosure was to be completed. At the Compliance Conference, the Court will ensure that discovery proceeded as scheduled. The Court may conduct a settlement conference at such time. If the matter is ready for trial, the Court will direct that a Note of Issue be filed. Counsel shall not file a Note of Issue until directed to do so by the Court.   ["compliance-conference", "note-of-issue", "settlement-conferences"] [] 9 Rockland supreme part_rules
FRIED-007 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 4(f) Discovery Disputes Counsel who believe discovery is not being conducted in accordance with the Court's Order must discuss the claimed noncompliance in good faith with opposing counsel – a pro forma letter does not constitute a good faith effort. Do not make any motion concerning discovery. If the dispute cannot be resolved, contact the Court via NYSCEF as LETTER/CORRESPONDENCE TO COURT, noting 'Request for Assistance in Resolving a Discovery Dispute.'   ["discovery-disputes", "discovery-scheduling"] ["22 NYCRR \u00a7202.7", "22 NYCRR \u00a7221.1"] 9 Rockland supreme part_rules
FRIED-008 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 4(g) Settlement Conferences Per diem attorneys are not permitted to attend Settlement Conferences unless fully informed, can access the client, and are fully authorized to enter into binding settlement agreements. Not less than three business days before the Settlement Conference, counsel shall submit a confidential settlement memorandum ex parte via email. Settlement memoranda shall not exceed five typed pages and must summarize perceived strengths and weaknesses, demands, and calculations.   ["settlement-conferences"] [] 9 Rockland supreme part_rules
FRIED-009 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 5(a) Motions – General Rules Motions may be made by Notice of Motion or Order to Show Cause depending on exigency. All motions and cross-motions in matrimonial actions must be made by Order to Show Cause. Motions are returnable on any Wednesday the Court is in session. No oral argument required unless directed by the Court. Motion submissions must not exceed 15 pages per document absent express Court permission. All submissions must be typed in 12-point standard professional fonts, double-spaced, and in hard copy, securely bound.   ["hearing-procedures", "page-limits", "briefing-schedule"] [] 9 Rockland supreme part_rules
FRIED-010 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 5(b) Adjournments of Motions Requests to adjourn a motion return date must be made in writing via NYSCEF as 'ADJOURNMENT OF MOTION – REQUEST.' All applications must set forth: (1) reason for adjournment; (2) whether opposing party consents or objects; (3) length of adjournment sought; and (4) number of prior requests and dates previously set. No more than three adjournments permitted and total adjournment period shall not exceed 60 days from the original return date.   ["adjournments"] [] 9 Rockland supreme part_rules
FRIED-011 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 5(e) Summary Judgment Motions Summary Judgment motions must be made within 60 days of the filing of the Note of Issue. If made prior to completion of discovery, the motion does not stay discovery. The Court adopts 22 NYCRR § 202.8-g requiring a separate, short and concise numbered statement of material facts, with correspondingly numbered responses. Unsigned deposition transcripts will not be considered unless it is demonstrated the transcript was forwarded for review and signature per CPLR §3116(a).   ["summary-judgment", "note-of-issue"] ["22 NYCRR \u00a7 202.8-g", "CPLR \u00a73116(a)"] 9 Rockland supreme part_rules
FRIED-012 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 7 Special Rules – Contested Matrimonial Actions All motions and cross-motions in matrimonial actions must be made by Order to Show Cause. Both parties and counsel must appear on the return date of any motion. Parties must appear at all matrimonial conferences unless directed otherwise. Counsel must have substantive communications before the Preliminary Conference either in person or telephonically. Litigants must file Net Worth Statements, pay stubs, W-2 statements, and tax returns prior to the Preliminary Conference.   ["matrimonial", "preliminary-conference", "conference-procedures"] ["22 NYCRR \u00a7202.16", "DRL \u00a7236(B)(4)"] 9 Rockland supreme part_rules
FRIED-013 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 9 Special Rules – Foreclosure Actions All motions pursuant to this section must include a proposed order. Motion templates available at nycourts.gov relevant to residential foreclosure cases where the homeowner has defaulted must be utilized. Requests to substitute a Referee shall be made by letter, not formal motion. Proposed Judgments of Foreclosure and Sale shall comply with the nycourts.gov form and include public notice in The Journal News (Rockland). Referees shall deposit funds in a Rockland County FDIC-insured fiduciary account.   ["foreclosure"] [] 9 Rockland supreme part_rules
FRIED-014 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 11 Trials and Hearings (Non-Matrimonial) – Trial Notebooks Trial Notebooks are mandatory and due not less than five business days prior to the Pre-Trial Conference. Hard copies shall be filed at the Office of the Supreme Court Clerk on the second floor. Trial Notebooks shall be assembled in three-ring binders with sequential tabs. Must include: proposed witness list (with name, address, phone/email, brief offer of proof), proposed exhibit list, pre-marked proposed exhibits, marked pleadings, bills of particulars, medical narrative reports, expert disclosures, prior decisions/orders, memoranda of law, requests to charge (PJI), and proposed verdict sheet.   ["trial-procedures", "exhibits", "pre-trial-conference"] ["CPLR \u00a74012"] 9 Rockland supreme part_rules
FRIED-015 Individual Part Rules – Hon. David Fried, Rockland County Supreme Court 130 NY-SC-9JD-FRIED 14 Special Rules – Criminal Actions NYSCEF e-filing is not utilized in criminal actions; the Electronic Document Delivery Service (EDDS) is used instead. Correspondence shall be submitted as a PDF via email to the Judge's Part Clerk for the Supreme Criminal Term, or in hard copy to the Criminal Division Clerk's Office on the fourth floor. Motions and Orders to Show Cause must be filed in hard copy only at the Criminal Division Clerk's Office. All motions shall be returnable on Wednesdays.   ["case-management", "courtroom-procedures"] [] 9 Rockland supreme part_rules
NY-SC-9JD-TANGUAY-001 Individual Part Rules of the Hon. Rachel E. Tanguay, J.S.C. 159 NY-SC-9JD-TANGUAY 2.a Written Correspondence All written correspondence relating to a substantive issue in a pending case shall be made by letter and submitted through NYSCEF without exception. Any communication submitted to chambers by email about a substantive issue shall be disregarded. All written correspondence to the Court shall include a subject line bearing the full title and index number of the action, and indicate that a copy was sent to all other counsel or self-represented litigant(s) simultaneous with transmittal to the Court. Unless otherwise directed, do not copy the Court on correspondence between counsel and/or parties.   ["communication-preferences", "e-filing"] [] 9 Rockland supreme part_rules
NY-SC-9JD-TANGUAY-002 Individual Part Rules of the Hon. Rachel E. Tanguay, J.S.C. 159 NY-SC-9JD-TANGUAY 2.c Ex-Parte Communications Ex-parte communications are prohibited except where an Order to Show Cause is submitted for signature, or, with the prior consent of all parties during settlement negotiations at the Courthouse. Any unauthorized ex-parte communication will be either returned to sender with an admonition or will be wholly disregarded.   ["communication-preferences", "attorney-conduct"] [] 9 Rockland supreme part_rules
NY-SC-9JD-TANGUAY-003 Individual Part Rules of the Hon. Rachel E. Tanguay, J.S.C. 159 NY-SC-9JD-TANGUAY 4.a Calendar Call General Rules Judge Tanguay's Court is called to order promptly at 9:30 a.m. unless otherwise specified. Absent an express notice to the contrary, appearances are conducted in-person. Counsel who appears late should expect the Court may require financial compensation to the adversary for the costs of waiting time. Notice is hereby given that a non-appearance may result in the issuance of a default, judgment, dismissal, and/or sanctions.   ["conference-procedures", "courtroom-procedures"] ["22 NYCRR \u00a7 202.27", "22 NYCRR \u00a7 130.2.1"] 9 Rockland supreme part_rules
NY-SC-9JD-TANGUAY-004 Individual Part Rules of the Hon. Rachel E. Tanguay, J.S.C. 159 NY-SC-9JD-TANGUAY 4.c Conference Adjournments A request to adjourn a conference shall be made in writing and submitted via NYSCEF. On the NYSCEF main document menu, select 'ADJOURNMENT OF CONFERENCE – REQUEST'. Adjournment requests must be submitted at least three (3) business days in advance of the scheduled conference, absent exigent circumstances. 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) the length of the adjournment sought or, if on consent, three dates as to which all parties are available. Scheduled trial and hearing dates will not be adjourned except for extraordinary good cause.   ["adjournments", "conference-procedures"] [] 9 Rockland supreme part_rules
NY-SC-9JD-TANGUAY-005 Individual Part Rules of the Hon. Rachel E. Tanguay, J.S.C. 159 NY-SC-9JD-TANGUAY 4.d Preliminary Conferences The Court will generally schedule a Preliminary Conference within forty-five (45) days after a Request for Judicial Intervention (RJI) has been filed. At the Preliminary Conference, the Court will set specific dates for completion of various items of discovery, the date by which all disclosure must be completed and a date for a Compliance Conference. No modifications of the dates set by the Court are permitted except by Order of the Court. Stipulations to extend discovery deadlines do not automatically extend those deadlines; counsel must request that such stipulation be 'so ordered' if they wish for the extension to have been approved by the Court.   ["preliminary-conference", "discovery-scheduling"] ["22 NYCRR \u00a7 202.12(c)"] 9 Rockland supreme part_rules
NY-SC-9JD-TANGUAY-006 Individual Part Rules of the Hon. Rachel E. Tanguay, J.S.C. 159 NY-SC-9JD-TANGUAY 4.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. Do not make any motion concerning discovery absent the express permission of the Court. If counsel cannot resolve the discovery dispute, counsel is to contact the Court in writing via NYSCEF as LETTER/CORRESPONDENCE TO COURT. Exception: Where an Order of Protection prohibits one party from contacting another, the party shall contact, via email, Judge Tanguay's Principal Law Clerk.   ["discovery-disputes"] ["22 NYCRR \u00a7 202.7"] 9 Rockland supreme part_rules
NY-SC-9JD-TANGUAY-007 Individual Part Rules of the Hon. Rachel E. Tanguay, J.S.C. 159 NY-SC-9JD-TANGUAY 5.a Motions - General Rules Absent express permission obtained in advance from the Court, no motion submission — whether a brief, memorandum of law, affidavit or affirmation — shall exceed fifteen (15) pages per document. All submissions shall be typed utilizing 12-point standard professional fonts, double spaced, and securely bound. Motions brought pursuant to CPLR §§3211 or 3212 do not stay discovery. Citations to legal authority must be to the official citations. Deposition/EBT transcripts included as exhibits must be single sided only.   ["part-rules", "page-limits", "briefing-schedule"] ["CPLR \u00a7 3211", "CPLR \u00a7 3212"] 9 Rockland supreme part_rules
NY-SC-9JD-TANGUAY-008 Individual Part Rules of the Hon. Rachel E. Tanguay, J.S.C. 159 NY-SC-9JD-TANGUAY 5.c Temporary Restraining Orders Unless there are extremely unusual circumstances, opposing counsel and/or self-represented party are to be advised in writing, by email, at least 48 hours in advance of the date and time that any Order to Show Cause which includes a request for a TRO is being presented to the Court. Such advance written notice shall clearly state the relief being sought by the TRO application. A copy of the advance written notice shall be annexed to the supporting Affirmation or Affidavit as Exhibit 1 or A.   ["hearing-procedures"] ["22 NYCRR \u00a7 202.7(f)"] 9 Rockland supreme part_rules
NY-SC-9JD-TANGUAY-009 Individual Part Rules of the Hon. Rachel E. Tanguay, J.S.C. 159 NY-SC-9JD-TANGUAY 5.e Summary Judgment Motions Summary Judgment motions must be made within sixty (60) days of the filing of the Note of Issue. An extension beyond sixty (60) days will only be permitted upon application to the Court and upon a showing of extraordinary circumstances. In connection with any motion for summary judgment, the Court requires a Statement of Material Facts in accordance with 22 NYCRR § 202.8-g.   ["summary-judgment"] ["22 NYCRR \u00a7 202.8-g"] 9 Rockland supreme part_rules
NY-SC-9JD-ZUGIBE-001 Part Rules of Hon. Thomas P. Zugibe 166 NY-SC-9JD-ZUGIBE COMM Court Communications All correspondence to the Court must be sent ONLY via NYSCEF, unless otherwise directed by the Court. DO NOT send copies of e-filed correspondence to the Court via e-mail or regular mail. This part does not require working copies. Should the Court require them, counsel will be notified. Hard copy submissions in e-filed cases will be rejected unless they bear the Notice of Hard Copy Submission - E-Filed Case required by 22 NYCRR 202.5-b(d)(1)(b).   ["communication-preferences", "e-filing", "courtesy-copies"] [] 9 Rockland supreme part_rules
NY-SC-9JD-ZUGIBE-002 Part Rules of Hon. Thomas P. Zugibe 166 NY-SC-9JD-ZUGIBE ADJ Adjournments A request to adjourn a conference must be made in writing and filed to NYSCEF. For non-NYSCEF cases, a request for an adjournment must be made by mail or email to the Part Clerk, with the Secretary copied, to be received at least forty-eight (48) hours in advance of the scheduled conference. All applications for adjournments must set forth: (1) the reason for the adjournment; (2) whether the opposing party consents or objects; (3) the length of the adjournment sought or, if on consent, a date all parties are available; and (4) the number of prior adjournment requests and corresponding dates.   ["adjournments"] [] 9 Rockland supreme part_rules
NY-SC-9JD-ZUGIBE-003 Part Rules of Hon. Thomas P. Zugibe 166 NY-SC-9JD-ZUGIBE PC Preliminary Conferences The Court will schedule a Preliminary Conference within forty-five (45) days after a Request for Judicial Intervention (RJI) has been filed. The Court will issue a Preliminary Conference Order. In all matters except contested matrimonial actions, if both parties are represented by Counsel, physical appearance at the preliminary conference will be waived if a completed Proposed Preliminary Conference Order signed by counsel for all parties is received by the Court no later than forty-eight (48) hours prior to the scheduled conference date.   ["preliminary-conference"] ["22 NYCRR \u00a7 202.12(c)"] 9 Rockland supreme part_rules
NY-SC-9JD-ZUGIBE-004 Part Rules of Hon. Thomas P. Zugibe 166 NY-SC-9JD-ZUGIBE MOT-SJ Summary Judgment Motions Summary Judgment motions must be made within sixty (60) days of the filing of the note of issue. Service of a notice of motion under Rule 3211, 3212, or section 3213 stays disclosure until determination of the motion unless the Court orders otherwise. Unsigned deposition transcripts will not be considered on motions for summary judgment. Unless specifically requested, a Statement of Material Facts is not required.   ["summary-judgment"] ["CPLR \u00a7 3211", "CPLR \u00a7 3212", "CPLR \u00a7 3213"] 9 Rockland supreme part_rules
NY-SC-9JD-ZUGIBE-005 Part Rules of Hon. Thomas P. Zugibe 166 NY-SC-9JD-ZUGIBE MOT-PAGE Motion Paper Limits Pursuant to 22 NYCRR 202.8(b)(a)(i-ii), absent express permission obtained in advance from the Court, affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each. Reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief. Papers exceeding these limitations may not be considered and may be rejected by the Court.   ["page-limits", "briefing-schedule"] ["22 NYCRR 202.8"] 9 Rockland supreme part_rules
NY-SC-9JD-ZUGIBE-006 Part Rules of Hon. Thomas P. Zugibe 166 NY-SC-9JD-ZUGIBE MATRIM-PC Contested Matrimonial - Preliminary Conference Counsel must be familiar, and comply, with the provisions of 22 NYCRR § 202.16. Prior to the Preliminary Conference, the parties are required to 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. Counsel must have substantive communications before the date set for the preliminary conference, either in person or telephonically, to determine the issues to be litigated.   ["matrimonial", "preliminary-conference"] ["22 NYCRR \u00a7 202.16"] 9 Rockland supreme part_rules
NY-SC-9JD-ZUGIBE-007 Part Rules of Hon. Thomas P. Zugibe 166 NY-SC-9JD-ZUGIBE MATRIM-MOT Matrimonial Motion Practice All motions in matrimonial actions must be made by proposed Order to Show Cause, even post-judgment applications. Both parties and counsel must appear on the return date set forth in the order, unless the Order directs otherwise. On the return date of any pendente lite motion, the Court will conduct either a preliminary conference or conference on the motion, as appropriate. Any pendente lite motion which does not include a statement of net worth and calculations showing the manner in which the amount of any pendente lite support sought has been calculated will be denied.   ["matrimonial"] [] 9 Rockland supreme part_rules
NY-SC-9JD-ZUGIBE-008 Part Rules of Hon. Thomas P. Zugibe 166 NY-SC-9JD-ZUGIBE FORECL Foreclosure Actions Motions: All motions must include a proposed order which disposes of the motion or application for the Court's signature. Substitution of Referee: Requests to substitute a Referee shall be made by letter to the Court, not by formal motion. Judgment of Foreclosure and Sale: All proposed Judgments of Foreclosure and Sale submitted to the Court shall comply with the form set forth in the motion templates. Referees shall deposit funds in Referee's name in Referee's I.O.L.A. account or other FDIC-insured account. All monies paid into the court shall be deposited with the Rockland County Commissioner of Finance.   ["foreclosure"] [] 9 Rockland supreme part_rules
SCHWARTZ-001 Individual Part Rules of Hon. Larry J. Schwartz, Justice of the Supreme Court, Ninth Judicial District 154 NY-SC-9JD-SCHWARTZ COMMUNICATIONS Communications with the Court All correspondence must bear the full title and index number of the action and state that a true copy was provided to all other counsel simultaneously with transmittal to the Court. Litigation by letter is expressly prohibited. All correspondence must copy the Part Clerk. Telephone calls to Chambers staff are permitted only in situations requiring immediate/emergency attention. The Court does not accept legal papers of any kind by fax transmission.   ["communication-preferences"] [] 9 Rockland supreme part_rules
SCHWARTZ-002 Individual Part Rules of Hon. Larry J. Schwartz, Justice of the Supreme Court, Ninth Judicial District 154 NY-SC-9JD-SCHWARTZ E-FILING E-Filing Rules and Protocols; Working Copies Counsel and self-represented litigants shall familiarize themselves with the statewide E-Filing Rules and the Rockland County E-Filing Protocol. All documents in mandatory e-filed cases are to be filed through NYSCEF. This Part does not require working copies of electronically filed documents. Should the Court require them, counsel will be notified. Hard copy submissions in e-filed cases will be rejected unless they bear the Notice of Hard Copy Submission.   ["e-filing", "courtesy-copies"] ["22 NYCRR 202.5-b", "22 NYCRR 202.5-bb"] 9 Rockland supreme part_rules
SCHWARTZ-003 Individual Part Rules of Hon. Larry J. Schwartz, Justice of the Supreme Court, Ninth Judicial District 154 NY-SC-9JD-SCHWARTZ CONFERENCES Conference Procedures This Court's calendar will be called at 9:30 a.m. daily. Appearing counsel must be both fully familiar with the case and also authorized to enter into binding agreements on all aspects of the case. In matrimonial actions, litigants must appear with their counsel for all conferences. For e-filing cases, a request to adjourn a conference must be filed to NYSCEF at least forty-eight (48) hours in advance. All adjournment requests must set forth the reason, consent or objection, length, and number of prior requests.   ["conference-procedures", "adjournments", "matrimonial"] ["22 NYCRR 202.27"] 9 Rockland supreme part_rules
SCHWARTZ-004 Individual Part Rules of Hon. Larry J. Schwartz, Justice of the Supreme Court, Ninth Judicial District 154 NY-SC-9JD-SCHWARTZ PRELIMINARY-DISCOVERY Preliminary Conferences and Discovery Disputes The Court will schedule a Preliminary Conference within forty-five (45) days after an RJI has been filed. In all matters except contested matrimonial actions, if all parties are represented by counsel, physical appearance at the Preliminary Conference will be waived if a completed Proposed Preliminary Conference Stipulation is signed by counsel and received by the Court no later than three (3) business days prior. Do not wait until the compliance conference to bring a discovery dispute to the Court's attention. Discovery motions are not permitted unless specifically authorized or directed by the Court.   ["preliminary-conference", "discovery-disputes", "discovery-scheduling"] ["22 NYCRR 202.7"] 9 Rockland supreme part_rules
SCHWARTZ-005 Individual Part Rules of Hon. Larry J. Schwartz, Justice of the Supreme Court, Ninth Judicial District 154 NY-SC-9JD-SCHWARTZ COMPLIANCE Compliance Conferences The Court will schedule a Compliance Conference after the date by which disclosure was ordered to be completed. At this time, the Court may conduct a settlement conference with the parties. If the matter is ready for trial, the Court will direct the Note of Issue to be filed.   ["compliance-conference", "settlement-conferences", "note-of-issue"] [] 9 Rockland supreme part_rules
SCHWARTZ-006 Individual Part Rules of Hon. Larry J. Schwartz, Justice of the Supreme Court, Ninth Judicial District 154 NY-SC-9JD-SCHWARTZ MOTION-GENERAL Motion Practice Written applications by notice of motion must be made returnable at 9:30 a.m. on any Friday this Court is in session. Absent express permission, affidavits, affirmations, briefs, and memoranda of law in chief shall be limited to 7,000 words each. Reply affidavits, affirmations, and memoranda of law shall be no more than 4,200 words. Sur-reply papers are not permitted in any instance, except by express permission. No oral argument will be scheduled unless directed by the Court.   ["hearing-procedures", "page-limits", "briefing-schedule"] ["22 NYCRR 202.8-b"] 9 Rockland supreme part_rules
SCHWARTZ-007 Individual Part Rules of Hon. Larry J. Schwartz, Justice of the Supreme Court, Ninth Judicial District 154 NY-SC-9JD-SCHWARTZ SUMMARY-JUDGMENT Summary Judgment Motions Motions for summary judgment must be made within sixty (60) days of the filing of the note of issue, unless the Court directs otherwise. This Court does not require the submission of a statement of material fact, unless directed otherwise. When a summary judgment motion is made prior to the completion of discovery, such motion does not stay discovery.   ["summary-judgment", "note-of-issue"] [] 9 Rockland supreme part_rules
SCHWARTZ-008 Individual Part Rules of Hon. Larry J. Schwartz, Justice of the Supreme Court, Ninth Judicial District 154 NY-SC-9JD-SCHWARTZ TRIALS Trials and Hearings Written motions in limine must be made as soon as practicable or, at the very latest, returnable on the day of the Pre-Trial Conference. Such motions must be made on no less than seven (7) days' notice. On or before the Pre-Trial Conference, counsel must provide the Court and opposing counsel with: marked pleadings, Bills of Particulars, copies of all exhibits, medical narrative reports, expert disclosures, list of probable trial witnesses, prior decisions or orders, memoranda of law, jury charges, and proposed verdict sheet.   ["pre-trial-conference", "trial-procedures", "exhibits"] ["CPLR 4012", "CPLR 3101(d)", "22 NYCRR 202.42"] 9 Rockland supreme part_rules
SCHWARTZ-009 Individual Part Rules of Hon. Larry J. Schwartz, Justice of the Supreme Court, Ninth Judicial District 154 NY-SC-9JD-SCHWARTZ FORECLOSURE Foreclosure Actions All motions must include a proposed order which disposes of the motion. Motion templates mandated for statewide residential foreclosure cases, where the homeowner has defaulted, must be used. Referees shall deposit funds in the Referee's name in the Referee's attorney escrow or I.O.L.A. account (or other FDIC-insured account) maintained in Rockland County. A Judgment of Foreclosure and Sale executed by this Court will also set forth a date and time for a post-foreclosure sale 'Surplus Monies' status conference.   ["foreclosure"] [] 9 Rockland supreme part_rules
SCHWARTZ-010 Individual Part Rules of Hon. Larry J. Schwartz, Justice of the Supreme Court, Ninth Judicial District 154 NY-SC-9JD-SCHWARTZ MATRIMONIAL Contested Matrimonial Actions Counsel must be familiar with 22 NYCRR §202.16. Prior to the Preliminary Conference, the parties must file and exchange Net Worth Statements, pay stubs, W-2 statements, tax returns, and statements of accounts. All motions including cross motions in matrimonial actions must be made by Order to Show Cause. Both parties and counsel must appear on the return date of any motion brought, unless otherwise directed by the Court. Any pendente lite motion which does not include a statement of net worth will be rejected and not considered.   ["matrimonial", "preliminary-conference"] ["22 NYCRR \u00a7202.16", "22 NYCRR \u00a7202.16(f)(1)", "DRL \u00a7236(B)(2)(b)"] 9 Rockland 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'
);