Provisions

Individual rule provisions extracted from part rules documents

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

13 rows where county = "Rockland" and doc_id = 127

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  • Rockland · 13 ✖
provision_id ▼ doc_id judge_id rule_number title text source_page topics cross_references judicial_district county court_type doc_type
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

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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'
);