Provisions

Individual rule provisions extracted from part rules documents

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

13 rows where judge_id = "NY-SC-1JD-WILKOFSKY" and judicial_district = 1

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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
NY-SC-1JD-WILKOFSKY-P51-001 Part 51 Rules – Matrimonial Division (Hon. Yael T. Wilkofsky) 87 NY-SC-1JD-WILKOFSKY General Rules – Appearances Court Appearances and Presence Requirements All court appearances are IN-PERSON unless otherwise directed by the Court. All requests to appear virtually must be made at least two (2) days in advance of the appearance by e-mailing the Principal Law Clerk, the Assistant Law Clerk AND the Part Clerk. Parties AND counsel must be present on any calendared court date unless otherwise directed 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 by e-mailing the Part Clerk upon receiving notice of the court appearance.   ["courtroom-procedures", "remote-hearings", "part-rules"] [] 1 New York supreme part_rules
NY-SC-1JD-WILKOFSKY-P51-002 Part 51 Rules – Matrimonial Division (Hon. Yael T. Wilkofsky) 87 NY-SC-1JD-WILKOFSKY General Rules – Adjournments Adjournment Procedure All adjournments require prior court approval. Requests for adjournments must be made at least two (2) days in advance of the appearance by e-mailing the Principal Law Clerk, the Assistant Law Clerk AND the Part Clerk. All opposing counsel (or the party if they are pro se), including the Attorney for the Child, where applicable, must be included in the e-mail. Adjournment requests must include the basis for the requested adjournment and THREE proposed dates/times that work for ALL SIDES, in ONE JOINT EMAIL. Where applicable, counsel must submit an affidavit of actual engagement.   ["adjournments", "part-rules"] [] 1 New York supreme part_rules
NY-SC-1JD-WILKOFSKY-P51-003 Part 51 Rules – Matrimonial Division (Hon. Yael T. Wilkofsky) 87 NY-SC-1JD-WILKOFSKY General Rules – NYSCEF Courtesy Copies Courtesy Copies and NYSCEF Notifications IMPORTANT: Chambers does NOT receive notice when documents are uploaded to NYSCEF; you MUST send a courtesy copy of the document to Chambers by e-mailing both the Principal Law Clerk and the Assistant Law Clerk.   ["courtesy-copies", "e-filing"] [] 1 New York supreme part_rules
NY-SC-1JD-WILKOFSKY-P51-004 Part 51 Rules – Matrimonial Division (Hon. Yael T. Wilkofsky) 87 NY-SC-1JD-WILKOFSKY General Rules – Matrimonial Specific Matrimonial-Specific General Requirements Any attorney seeking to withdraw from a case where a substitute attorney has not yet been retained must move, by Order to Show Cause, for an Order to be relieved as counsel. The Court will NOT accept a stipulation in which the litigant consents to proceeding pro se. All Judgments of Divorce (JOD) must be submitted within 60 days or the action may be deemed abandoned and dismissed. All Qualified Domestic Relations Orders not submitted with the JOD must be submitted within 45 days of the signing of the JOD and must be accompanied by written plan of approval.   ["matrimonial", "part-rules"] [] 1 New York supreme part_rules
NY-SC-1JD-WILKOFSKY-P51-005 Part 51 Rules – Matrimonial Division (Hon. Yael T. Wilkofsky) 87 NY-SC-1JD-WILKOFSKY Communication Communications with the Court All e-mails sent to the Court must include the caption and index number of the relevant case in the subject line. All e-mails sent to the Court must include all counsel and any pro se parties as recipients. Ex parte communication with the Court is strictly prohibited and will not be reviewed or considered. Litigation by e-mail is strictly prohibited. All correspondence with the Court, excluding adjournment, interpreter and virtual appearance requests, must be in letter form and filed to NYSCEF, with a courtesy copy sent to the Principal Law Clerk and the Assistant Law Clerk.   ["communication-preferences", "part-rules"] [] 1 New York supreme part_rules
NY-SC-1JD-WILKOFSKY-P51-006 Part 51 Rules – Matrimonial Division (Hon. Yael T. Wilkofsky) 87 NY-SC-1JD-WILKOFSKY Conferences – Preliminary Conferences Preliminary Conference Requirements Preliminary Conferences (PC): WEDNESDAY MORNINGS. The PC will take place during the case's first appearance or the return date of the first motion, unless otherwise directed by the Court. ALL PARTIES must be present at the PC unless excused by the Court prior to the appearance. At least two (2) days prior to the PC, counsel must upload to NYSCEF: a completed and signed Matrimonial PC Order; Sworn Statements of Net Worth; and child support worksheet and proposed parenting plan, where applicable. At the PC, hard copies of the sworn Statements of Net Worth, the signed PC Order, the parties' most recently filed state and federal income tax returns, and each party's two most recent paycheck stubs must be submitted. Any request for pendente lite relief will only be addressed at the PC with an accompanying motion.   ["preliminary-conference", "matrimonial", "conference-procedures"] [] 1 New York supreme part_rules
NY-SC-1JD-WILKOFSKY-P51-007 Part 51 Rules – Matrimonial Division (Hon. Yael T. Wilkofsky) 87 NY-SC-1JD-WILKOFSKY Conferences – Compliance and Status Conferences Compliance and Status Conference Requirements Compliance Conferences (CC) and Status Conferences (StC): TUESDAY MORNINGS. The date for the CC will be set by the Court in the PC Order and will be held approximately 60 days after the PC, absent extenuating circumstances and considering case complexity. At least one (1) day prior to the CC, the parties are to upload a jointly completed proposed Compliance Conference Order to be so-ordered by the Court. The proposed Compliance Conference Order should address any outstanding discovery issues and the failure to do so may be deemed a waiver of same. All discovery shall be completed before the final StC.   ["compliance-conference", "discovery-scheduling", "matrimonial"] [] 1 New York supreme part_rules
NY-SC-1JD-WILKOFSKY-P51-008 Part 51 Rules – Matrimonial Division (Hon. Yael T. Wilkofsky) 87 NY-SC-1JD-WILKOFSKY Conferences – Settlement Conferences Settlement Conference Requirements Settlement Conferences (SC): WEDNESDAY AFTERNOONS. SCs shall be scheduled by the Court on a case-by-case basis ONLY where the parties are seriously ready and willing to resolve their issues. Prior to the SC, the parties are to engage in meaningful settlement discussions. At least two (2) days prior to the SC, each party shall e-mail to the Principal Law Clerk, the Assistant Law Clerk and the Part 51 e-mail: an updated Statement of Net Worth; a list of all marital property and proposed distribution; a proposed custody and parenting time plan, where applicable; and a short statement no more than two pages in length setting forth the rationale for their position.   ["settlement-conferences", "matrimonial"] [] 1 New York supreme part_rules
NY-SC-1JD-WILKOFSKY-P51-009 Part 51 Rules – Matrimonial Division (Hon. Yael T. Wilkofsky) 87 NY-SC-1JD-WILKOFSKY Conferences – Pre-Trial Conferences Pre-Trial Conference Requirements Pre-Trial Conferences (PTC): TUESDAY MORNINGS. A Note of Issue shall be filed prior to the PTC. At least one (1) week before the PTC, counsel or parties shall exchange and file, via NYSCEF: a statement of proposed disposition; child support worksheet if applicable; updated Statements of Net Worth; any expert reports not previously exchanged; a proposed parenting plan where custody is at issue; most recently filed tax returns; a witness list with a meaningful offer of proof for each witness; marked pleadings and any pre-trial memoranda; a list of documents which counsel may stipulate into evidence; and proof of filing of the Note of Issue. Any pre-trial motions, including motions in limine, shall be filed by Order to Show Cause at least three (3) weeks prior to the PTC so that they can be made returnable at the PTC.   ["pre-trial-conference", "note-of-issue", "matrimonial"] [] 1 New York supreme part_rules
NY-SC-1JD-WILKOFSKY-P51-010 Part 51 Rules – Matrimonial Division (Hon. Yael T. Wilkofsky) 87 NY-SC-1JD-WILKOFSKY Motions Motion Practice Requirements All motions SHALL be brought by Order to Show Cause (OSC). Motions made by Notice of Motion will not be considered. Oral argument is required on all motions, unless otherwise directed by the Court. If the movant fails to appear on the return date, the motion WILL BE DISMISSED without prejudice, unless an adjournment was granted by the Court prior to the appearance date. Affidavits, Affirmations and Memoranda of Law shall NOT exceed 25 pages double-spaced, exclusive of the table of contents and table of authorities. Sur-replies will not be accepted by the Court without prior approval. Discovery motions are strongly DISCOURAGED; prior to filing a discovery motion, counsel must consult one another in a good faith effort to resolve any discovery disputes and, in the absence of a resolution, request a virtual conference with the Court.   ["part-rules", "discovery-disputes", "briefing-schedule", "page-limits"] [] 1 New York supreme part_rules
NY-SC-1JD-WILKOFSKY-P51-011 Part 51 Rules – Matrimonial Division (Hon. Yael T. Wilkofsky) 87 NY-SC-1JD-WILKOFSKY Trials & Hearings Trial and Hearing Procedures All trials and hearings are in-person and all witnesses must appear in-person, unless otherwise directed by the Court. Absent extraordinary circumstances, all trial dates are final and will not be adjourned. Hard copies of all trial exhibits shall be brought to the Court on the date of trial as well as uploaded to NYSCEF. Part 51 uses the Virtual Evidence Courtroom for all trials and hearings. 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, the Court must be given at least one week's notice. As a general rule, no counsel or party will be permitted to offer a document into evidence unless the document was disclosed on the previously exchanged exhibit list. At the conclusion of the trial, counsel or the parties are to submit proposed Findings of Fact and Conclusions of Law.   ["trial-procedures", "trial-settings", "exhibits", "matrimonial"] [] 1 New York supreme part_rules
NY-SC-1JD-WILKOFSKY-P51-012 Part 51 Rules – Matrimonial Division (Hon. Yael T. Wilkofsky) 87 NY-SC-1JD-WILKOFSKY Electronic Filing (NYSCEF) E-Filing Requirements The Court strongly encourages contested matrimonial cases to be e-filed on NYSCEF. The following documents requiring the Court's attention must be filed to NYSCEF, with courtesy copies sent to the Principal Law Clerk, the Assistant Law Clerk and the Part 51 e-mail: stipulations to be so-ordered; subpoenas for signature; proposed Orders and Judgments for signature.   ["e-filing", "matrimonial"] [] 1 New York supreme part_rules
NY-SC-1JD-WILKOFSKY-P51-013 Part 51 Rules – Matrimonial Division (Hon. Yael T. Wilkofsky) 87 NY-SC-1JD-WILKOFSKY Virtual Appearances Virtual Appearance Procedures Virtual appearances are conducted via Microsoft TEAMS. All conferences with the Principal Law Clerk and/or the Assistant Law Clerk, with the exception of a PC, are conducted virtually and may be held at the discretion of the Court and/or upon request of counsel or the parties. If counsel and/or parties are directed to appear virtually, they must be in a quiet area with minimal background noise and a strong internet connection; have Microsoft TEAMS updated; and have a functioning microphone and camera. Counsel and parties appearing virtually must have their cameras turned on and must not be walking or operating a motor vehicle during the appearance.   ["remote-hearings", "hearing-procedures"] [] 1 New York 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'
);