Provisions

Individual rule provisions extracted from part rules documents

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

7 rows where doc_id = 117 and judicial_district = 9

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provision_id ▼ doc_id judge_id rule_number title text source_page topics cross_references judicial_district county court_type doc_type
BURKE-001 Part Rules – Hon. Allison E. Burke, J.F.C. 117 NY-FC-9JD-BURKE GENERAL General Rules of Conduct All attorneys and parties must be on time and ready to proceed. Cases may be dismissed or proceed to inquest if counsel or parties not present when called. Counsel must speak with clients in advance of every court appearance. For permanency hearings, Attorney for the Child must notify parties 10 days in advance whether child is asserting participation right per FCA §1090-a. All filings per current Administrative Orders and 22 NYCRR §205.1 et seq. Counsel must notify Court 10 business days before appearance if interpreter needed.   ["attorney-conduct", "courtroom-procedures"] ["FCA \u00a71090-a", "22 NYCRR 205.1"] 9 Westchester supreme part_rules
BURKE-002 Part Rules – Hon. Allison E. Burke, J.F.C. 117 NY-FC-9JD-BURKE CORRESPONDENCE Correspondence/Communication with the Court Communication must be in writing. Phone limited to non-substantive administrative issues with part secretary only. No ex parte communications except for OSC for signature; all other correspondence must be copied to all counsel and self-represented parties with file number and next appearance date. Court does not permit litigation by email/letter. Requests for interim conference limited to situations where good-faith efforts to resolve failed and matter is time sensitive.   ["communication-preferences"] [] 9 Westchester supreme part_rules
BURKE-003 Part Rules – Hon. Allison E. Burke, J.F.C. 117 NY-FC-9JD-BURKE ADJOURNMENTS Requests for Adjournments All adjournments must be approved by Court even when all parties consent. Requests must be in writing and emailed to VirtualWestchesterFamilyCourtNewRochelle@nycourts.gov with copy to Judge Burke's secretary and Part Clerk. If no response, assume denied and appear. Non-consensual adjournments only with affirmation of prior engagement per 22 NYCRR §125.1. Absent exigent circumstances, requests must be made at least 7 days prior to appearance. All temporary orders extended through next court date.   ["adjournments"] ["22 NYCRR 125.1"] 9 Westchester supreme part_rules
BURKE-004 Part Rules – Hon. Allison E. Burke, J.F.C. 117 NY-FC-9JD-BURKE VIRTUAL Requests for Virtual Appearance Counsel and parties expected to appear in person unless directed otherwise. Any request for virtual appearance must be made at least 72 hours in advance in writing. If no response, assume denied and appear in person.   ["remote-hearings"] [] 9 Westchester supreme part_rules
BURKE-005 Part Rules – Hon. Allison E. Burke, J.F.C. 117 NY-FC-9JD-BURKE FACT-FINDING Fact-Finding Hearings All exhibits must be pre-marked. Trial subpoenas to libraries, hospitals, municipal corporations must be 'So Ordered' (judicial subpoena) per CPLR §§2306 and 2307, served 3 days before production date, and served on all counsel after service on witness. Motion for judicial subpoena on 1 day's notice to custodian, at least 7 days before fact-finding. Trial Notebook required no less than 3 weeks before first trial date, containing: Witness List (with name, address, phone, offer of proof); Exhibit List with copies of pre-marked proposed exhibits (Petitioner numbered, Respondent lettered, AFC designated AFC 1,2,3, etc.); Motions in Limine at least 2 weeks prior to trial. Pre-trial conference (virtual) with Court Attorney 2 weeks prior to trial.   ["trial-procedures", "exhibits", "pre-trial-conference", "scheduling-orders"] ["CPLR 2302(b)", "CPLR 2303(a)", "CPLR 2306", "CPLR 2307"] 9 Westchester supreme part_rules
BURKE-006 Part Rules – Hon. Allison E. Burke, J.F.C. 117 NY-FC-9JD-BURKE MOTIONS Notices of Motion Motions filed with Clerk's Office in New Rochelle, returnable per CPLR §408 and §2214. Generally returnable on matter's next scheduled appearance unless otherwise directed. Return date may not be adjourned without Court consent. Sur-replies not permitted without specific Court permission. Cross-motions seeking only denial of original motion not recognized as independent motions.   ["hearing-procedures"] ["CPLR 408", "CPLR 2214"] 9 Westchester supreme part_rules
BURKE-007 Part Rules – Hon. Allison E. Burke, J.F.C. 117 NY-FC-9JD-BURKE FORENSIC Mental Health Evaluations/Forensic Evaluations Requests for forensic evaluations made on or before first conference except for good cause. Parties with retained counsel pay 100% of private pay cost for own evaluation and 50% for child(ren) unless Court directs otherwise after reviewing FDA. Forensic evaluation admitted as Court's Order for Release as a court exhibit subject to cross-examination of evaluator. Copies not released directly to parties under any circumstances.   ["matrimonial"] ["County Law \u00a7722-c", "22 NYCRR Part 623"] 9 Westchester 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'
);