Provisions

Individual rule provisions extracted from part rules documents

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ACKER-001 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER I Communications with the Court All correspondence to Court must be brief, concise, and contain full case title and index number. Copied to all counsel simultaneously. Correspondence between counsel shall not be copied to Court. Court does not permit litigation by letter; any such submission rejected. Correspondence to Court shall NOT be e-filed. Telephone calls to Court staff permitted only in situations requiring immediate attention. Email to Part Clerk or Confidential Secretary is preferred method of communication. Faxes: court does not accept legal papers by fax absent specific advance approval; faxed communications not to exceed 3 pages without prior permission.   ["communication-preferences"] [] 9 Dutchess supreme part_rules
ACKER-002 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER II E-Filing Rules and Protocol Counsel must familiarize themselves with 22 NYCRR §§202.5-b and 202.5-bb and the Joint Protocols for Dutchess County e-filing. All documents in mandatory e-filed cases to be filed through NYSCEF. All submissions to Court (except correspondence) must be electronically filed. Working copies required for all legal papers requiring judicial action (OSC, motions, notices of settlement, ex parte applications, proposed orders). Working copy of motion must include all documents with external exhibit tabs. Should a motion include extensive exhibits, working copy may be submitted on a flash drive.   ["e-filing", "courtesy-copies"] ["22 NYCRR 202.5-b", "22 NYCRR 202.5-bb"] 9 Dutchess supreme part_rules
ACKER-003 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER III Calendar Call & Conferences Court's calendar called at 9:30 a.m. in Courtroom 209. Counsel expected to appear on time. Counsel with conflicting appearances must communicate to Chambers prior to date. Only counsel who are fully familiar with case and authorized to enter into binding agreements are to appear. In non-matrimonial actions, represented parties need not appear for conferences unless directed. In matrimonial actions, litigants must appear with counsel for all conferences. Adjournment of conference: request must be made in writing by email or fax (one method only) to Chambers at least 2 full business days in advance. Court will advise requesting party if adjournment has been granted; that party must advise all other parties.   ["conference-procedures", "adjournments"] [] 9 Dutchess supreme part_rules
ACKER-004 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER III-D Preliminary Conference Order Court uploads proposed Preliminary Conference Order to NYSCEF after RJI filed. Part Clerk uploads letter with proposed order and date for submission. Party filing RJI must advise all other parties of submission deadline. If order not submitted by deadline, conference will be scheduled with personal appearances required. Executed Preliminary Conference Order sets specific dates for discovery items, Note of Issue filing, and Compliance Conference. No modifications of Court-set dates except by Court Order per 22 NYCRR §202.20-e.   ["preliminary-conference", "scheduling-orders", "discovery-scheduling"] ["22 NYCRR 202.20-e", "22 NYCRR 202.11", "22 NYCRR 202.12"] 9 Dutchess supreme part_rules
ACKER-005 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER III-E-G Compliance, Settlement, and Pre-Trial Conferences Compliance Conference conducted as directed in Preliminary Conference Order; Court will ensure discovery proceeded as scheduled and may conduct settlement conference at same time. Settlement Conference: counsel must be fully familiar and authorized to discuss all issues and enter binding settlements; parties (including adjusters) must be available by phone if not present. On or before Settlement Conference, must provide: marked pleadings; bills of particulars; medical narrative reports; expert disclosures per CPLR §3101(d); probable trial witnesses; prior decisions/orders. Court may meet with one side separately absent objection. Pre-Trial Conference before commencement of jury selection or non-jury trial; must provide: memoranda of law; Requests to Charge (PJI); Proposed Verdict Sheet; motions in limine (returnable on Pre-Trial Conference day, made on 7 days notice).   ["compliance-conference", "settlement-conferences", "pre-trial-conference"] ["CPLR 3101(d)", "22 NYCRR 202.26", "22 NYCRR 202.37"] 9 Dutchess supreme part_rules
ACKER-006 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER IV Motions/Orders to Show Cause/Temporary Restraining Orders Motions returnable on any Wednesday. Movants for summary judgment requested to submit Statement of Material Facts; opposition should respond thereto. Page limits: briefs/memoranda of law limited to 20 pages each; affirmations and affidavits limited to 15 pages each (page limits don't apply to evidentiary materials). Sur-reply papers not permitted per 22 NYCRR §202.8-c. No oral argument unless directed; parties may request by writing 'Oral Argument Requested' above index number. AI programs: all submissions must include attorney certification that either no AI was used in drafting, or that all AI-generated text was reviewed for accuracy and approved. Exhibits: plaintiffs designate by number; defendants designate by letter. References to exhibits over 3 pages must indicate page number cited; exhibits without consecutive page numbers must be bates-stamped. Unsigned deposition transcripts not considered on summary judgment motions. No more than 3 adjournments of any motion; total adjournment period not to exceed 60 days; no adjournment within 30 days of trial date.   ["hearing-procedures", "page-limits", "summary-judgment", "briefing-schedule", "adjournments"] ["22 NYCRR 202.8-a", "22 NYCRR 202.8-b", "22 NYCRR 202.8-c", "22 NYCRR 202.8-g", "CPLR 3116(a)"] 9 Dutchess supreme part_rules
ACKER-007 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER IV-D Discovery Related Motions THE COURT EXPECTS COMPLIANCE WITH 22 NYCRR §§202.20-e AND 202.20-f PRIOR TO PARTIES CONTACTING COURT. NO DISCOVERY MOTION IS TO BE MADE BY ANY PARTY UNLESS AUTHORIZED OR DIRECTED BY THE COURT. If parties cannot resolve discovery issue after compliance with 22 NYCRR §202.20-f (which requires in-person or telephonic consultation), they shall send joint letter via email or fax identifying outstanding issues; Court will determine whether conference is appropriate. CPLR §§3211 or 3212 motion prior to completion of discovery does not stay discovery.   ["discovery-disputes"] ["22 NYCRR 202.20-e", "22 NYCRR 202.20-f", "CPLR 3211", "CPLR 3212"] 9 Dutchess supreme part_rules
ACKER-008 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER VI Foreclosure Actions All motions in foreclosure actions must include proposed order for Court's signature as separate document. Motion templates mandated for residential foreclosure cases statewide must be used. Court requires certain paragraphs added to Orders of Reference and Judgments of Foreclosure per Appendices A-C. Substitution of Referee by letter, not formal motion. Judgment of Foreclosure and Sale on notice to all defendants per motion templates. Servicer information required on face of proposed Order of Reference and Judgment of Foreclosure and Sale per legislation A.6976/S.4190. Working copies for foreclosure motions: only specific exhibits required (Notes, Affidavits of Service, Proof of Service per CPLR 3215(g), Referee's report, Military status investigation, Notice of pendency).   ["foreclosure"] ["CPLR 3215"] 9 Dutchess supreme part_rules
ACKER-009 Individual Part Rules – Hon. Christi J. Acker 125 NY-SC-9JD-ACKER VII Matrimonial Actions Preliminary Conferences held in person. Counsel must be familiar with 22 NYCRR §202.16 and DRL §236(B)(4). 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; Net Worth Statement working copy to Chambers. All motions in matrimonial actions MUST be made by Order to Show Cause; both parties and counsel must appear on return date. Pendente lite motion without net worth statement and calculations will be denied. Custody/access forensic evaluator reports are confidential; attorney must sign affirmation to receive copy; party may review but not possess copy. In all matrimonial actions, no later than 2 weeks prior to trial: statements of proposed disposition per 22 NYCRR §202.16(h); updated Net Worth Statements; neutral forensic reports. On first day of trial, submit marked pleadings; stipulation of relevant facts; exhibit list and pre-marked exhibits (plaintiff numbered, defendant lettered, exchanged 7 business days prior to Pre-Trial Conference); witness list; child support worksheet if applicable.   ["matrimonial", "preliminary-conference", "pre-trial-conference", "trial-procedures"] ["22 NYCRR 202.16", "DRL 236B(4)", "DRL 240(1-b)(h)"] 9 Dutchess supreme part_rules
BLACKWOOD-001 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD I.A Appearances by Counsel with Knowledge and Authority All counsel who appear before the Court must be familiar with the case and be fully authorized to enter into agreements as to both substantive and procedural matters on behalf of their clients. Attorneys appearing 'of counsel' to the attorneys of record and self-represented parties shall be held to the same requirements. All counsel and self-represented parties must be on time for all scheduled appearances.   ["part-rules", "attorney-conduct", "courtroom-procedures"] [] 9 Westchester supreme part_rules
BLACKWOOD-002 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD I.B Settlements and Discontinuances If an action is settled, discontinued, or otherwise disposed of in any manner by the parties, counsel and self-represented parties shall immediately inform the Court by letter or email to the Part Clerks and Principal Law Clerk. Thereafter, counsel and self-represented parties shall timely file the appropriate stipulation through NYSCEF or by filing a Stipulation of Discontinuance with the Part Clerk, if not an e-filed case.   ["part-rules", "case-management"] [] 9 Westchester supreme part_rules
BLACKWOOD-003 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD I.D Correspondence All correspondence to the court must bear 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. In all e-filed cases, correspondence must be transmitted to the court via NYSCEF. Any ex-parte communication is strictly prohibited.   ["communication-preferences", "e-filing"] [] 9 Westchester supreme part_rules
BLACKWOOD-004 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD II E-Filing Rules and Protocol Counsel for all parties shall familiarize themselves with the statewide E-Filing Rules §§ 202.5-b and 202.5-bb. All documents filed in mandatory e-filed cases are to be filed through NYSCEF. Working copies are required unless told otherwise by the Court. Working copies must include a copy of the NYSCEF Confirmation Notice firmly fastened to the front cover page and shall be mailed or hand-delivered so as to be received by chambers within 72 hours of submission by e-filing.   ["e-filing", "courtesy-copies"] ["22 NYCRR 202.5-b", "22 NYCRR 202.5-bb"] 9 Westchester supreme part_rules
BLACKWOOD-005 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD III Motions and Orders to Show Cause All motions shall be made returnable on any Wednesday the Court is in session at 9:30 a.m. Unless otherwise advised by the Court, all motions are by submission only. A request for oral argument may be made on the first page of the Notice of Motion. No more than three adjournments for a total of 60 days are allowed. All communications regarding motions must be directed to the Part Clerks.   ["hearing-procedures", "adjournments", "briefing-schedule"] ["22 NYCRR 202.7(f)", "22 NYCRR 202.8"] 9 Westchester supreme part_rules
BLACKWOOD-006 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD IV Preliminary Conference Upon a case assignment to this part, the Court will conduct a virtual preliminary conference to address the scheduling of trial and further court appearances and deadlines. At this virtual conference, the Court will set a schedule for motions in limine which will be fully submitted one month prior to the Pre-Trial Conference. At the conclusion of that conference, the Court will issue a trial scheduling order pursuant to §125.1 of the Rules of the Chief Administrative Judge.   ["preliminary-conference", "scheduling-orders", "conference-procedures"] ["Rules of the Chief Administrative Judge \u00a7125.1"] 9 Westchester supreme part_rules
BLACKWOOD-007 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD V Settlement Conference The court encourages, and is available to facilitate, the settlement of all matters. Counsel attending the Settlement Conference must be fully familiar with the action and authorized to discuss all factual and legal issues presented by the litigation, settlement demands or offers, witness scheduling, and trial procedure. Counsel must also be authorized to enter into binding settlements on terms agreeable to the parties and to the Court.   ["settlement-conferences", "conference-procedures"] [] 9 Westchester supreme part_rules
BLACKWOOD-008 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD VI Pre-Trial Conference A Pre-Trial Conference with all counsel and self-represented parties will be conducted before the commencement of jury selection or the non-jury trial. Approximately one month prior to the Pre-Trial Conference, counsel must provide the Court and opposing counsel with a trial notebook containing: copies of all prior decisions or orders, list of all witnesses, copy of each exhibit, trial memorandum, requests to charge, and proposed verdict sheet.   ["pre-trial-conference", "trial-procedures", "exhibits"] [] 9 Westchester supreme part_rules
BLACKWOOD-009 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD IV.A-M Trial Practice Rules Counsel shall ascertain the availability of all witnesses and subpoenaed documents before trial. All counsel shall meet with the assigned Official Stenographer to pre-mark all exhibits for identification. If argument on an objection is necessary, counsel shall ask permission to approach the bench for a sidebar. At the conclusion of trial, counsel must e-file exhibits admitted into evidence and all materials must be removed from the courtroom within 48 hours.   ["trial-procedures", "exhibits", "courtroom-procedures"] [] 9 Westchester supreme part_rules
BLACKWOOD-010 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD V Virtual Proceeding Rules All in person court rules apply equally to virtual court proceedings. No party or attorney may record any virtual court proceeding, including video, photographs and/or screenshots. No individual may be physically present in the same room as a party or witness, except for counsel. Counsel, parties and witnesses must be aware that all Teams messaging is public and persistent.   ["remote-hearings", "courtroom-procedures"] [] 9 Westchester supreme part_rules
BLACKWOOD-011 Individual Part Rules of Hon. Helen M. Blackwood, A.J.S.C. 143 NY-SC-9JD-BLACKWOOD VI Artificial Intelligence Disclosure Counsel and any self-represented party must disclose to the court if any portion of their written submission to the Court was generated by any form of artificial intelligence and if so, what portion thereof utilized this form of technology.   ["attorney-conduct", "part-rules"] [] 9 Westchester supreme part_rules
BRADY-001 Part Rules – Hon. Amanda B. Brady, J.F.C. 115 NY-FC-9JD-BRADY COURT-COMM-1-6 Court Communications and Appearances All petitions and motions emailed to virtualorangefamilycourt@nycourts.gov. Proposed orders and letters to Chambers sent to 9JD-JudgeBrady@nycourts.gov. All retained counsel file Notice of Appearance with Part Clerk at or before first appearance. All communication must be in writing (email, letter, or fax); phone contact discouraged as chambers cannot have ex parte conversations. All emails (except contact info or confirming date) must be copied to all parties. All Court appearances are in person; virtual appearances allowed only in very limited circumstances upon written request at least 48 hours in advance. Virtual appearances are NOT permitted for hearings or trials.   ["communication-preferences", "attorney-conduct", "remote-hearings", "e-filing"] [] 9 Orange supreme part_rules
BRADY-002 Part Rules – Hon. Amanda B. Brady, J.F.C. 115 NY-FC-9JD-BRADY COURT-ATTY-1-3 Court Attorney Communication and Conferences Court Attorney should not be contacted for adjournment requests, virtual appearance requests, or status updates on Orders. Email to Court Attorney (arsalte@nycourts.gov) encouraged for settlement negotiations with all parties copied. Court Attorney available for settlement assistance before trial or on trial dates; will not meet with only attorneys if any unrepresented litigants are present.   ["communication-preferences", "settlement-conferences"] [] 9 Orange supreme part_rules
BRADY-003 Part Rules – Hon. Amanda B. Brady, J.F.C. 115 NY-FC-9JD-BRADY ADJOURNMENTS-1-5 Adjournments DO NOT CALL Chambers for adjournment requests. All requests emailed to 9JD-JudgeBrady@nycourts.gov at least 48 hours prior, in writing, copied to all parties. Must state: reason; whether opposing party consents or objects; length sought; and available date. Medical adjournments require doctor's note. Engagement adjournments require Affirmation of Actual Engagement per 22 NYCRR §125.1. ALL adjournments must be approved by Court even if consented. Requesting party must notify all parties of new date with proof of notification.   ["adjournments"] ["22 NYCRR 125.1"] 9 Orange supreme part_rules
BRADY-004 Part Rules – Hon. Amanda B. Brady, J.F.C. 115 NY-FC-9JD-BRADY MOTIONS-1-4 Petitions/Orders to Show Cause/Motions All petitions, OSC, and motions filed with Clerk's office (hard copy or through virtualorangefamilycourt@nycourts.gov). Strict CPLR compliance required; Notice of Motion and Affidavit of Service must accompany all motion papers. Appearances generally not required on motion return date. Oral argument must be requested in Notice of Motion and granted at Court's discretion.   ["hearing-procedures"] ["CPLR", "FCA"] 9 Orange supreme part_rules
BRADY-005 Part Rules – Hon. Amanda B. Brady, J.F.C. 115 NY-FC-9JD-BRADY EVALUATIONS-1-5 Evaluations Requests for mental health and forensic evaluations must be made at preliminary appearance or first appearance with counsel. Payment issues addressed at same time. Trial dates will NOT be adjourned for failure to timely request evaluations. Court receives original copy; copies available to counsel and Attorney for Child upon executing affirmation. Reports never to be shown to clients without Court permission. Forensic/mental health reports admitted at trial only upon consent of all parties, or by subpoena and calling evaluator as witness.   ["matrimonial", "trial-procedures"] ["FCA \u00a7351.1"] 9 Orange supreme part_rules
BRADY-006 Part Rules – Hon. Amanda B. Brady, J.F.C. 115 NY-FC-9JD-BRADY TRIAL-1-5 Trial Procedure Trial dates are firm. Parties must be prepared to proceed day-to-day until conclusion; Court endeavors to complete trials within 2 weeks. All exhibits must be in hard copy; no electronic exhibit submissions. Video/audio on USB flash drive. Absolutely NO exhibits uploaded to NYSCEF. Photographs, texts, emails, social media posts must be exchanged at least 10 days prior to trial or will not be admitted. Professional witnesses may testify out of order upon consent.   ["trial-procedures", "exhibits"] ["CPLR 2306", "CPLR 2307"] 9 Orange supreme part_rules
BRADY-007 Part Rules – Hon. Amanda B. Brady, J.F.C. 115 NY-FC-9JD-BRADY PROPOSED-ORDERS Proposed Orders Part Clerk provides submission date for proposed Order. Failure to timely submit may lead to ordered appearance or sanctions. Proposed Orders submitted electronically to 9JD-JudgeBrady@nycourts.gov with all parties copied. Signed Orders emailed back if received electronically. Hard copy submissions must include self-addressed stamped envelope. Counter-proposed Orders must have cover letter detailing proposed changes. All Orders on notice must contain affidavit of service and Notice of Settlement per 22 NYCRR 202.48.   ["scheduling-orders"] ["22 NYCRR 202.48"] 9 Orange supreme part_rules
BRADY-008 Part Rules – Hon. Amanda B. Brady, J.F.C. 115 NY-FC-9JD-BRADY ADOPTIONS Adoptions/Guardianships Only official OCA forms accepted for filing. All adoption and guardianship petitions filed directly with Family Court Clerk's Office in full compliance with 22 NYCRR §205.53 and Article 7 of the Domestic Relations Law. Court notifies petitioner in writing of any additional information required; failure to timely provide results in automatic dismissal.   ["case-management"] ["22 NYCRR 205.53", "DRL Article 7"] 9 Orange supreme part_rules
BRANDS-001 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS APPEARANCES Appearances Within ten (10) days of written notification of this Part's assignment to a case, or written notification of a Preliminary Conference, whichever shall first occur, each attorney shall file a record of appearance with chambers including the attorney's name, firm affiliation, mailing address, telephone and facsimile number as well as the party represented, and a written acknowledgment that counsel is familiar with these Part Rules.   ["part-rules", "attorney-conduct"] ["22 NYCRR 130-2.1", "22 NYCRR 202.27"] 9 Dutchess supreme part_rules
BRANDS-002 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS PRELIMINARY CONFERENCES Preliminary Conferences A party may request a preliminary conference any time after issue has been joined. In any event, the Court will schedule a preliminary conference within forty-five (45) days after an RJI has been filed on a matter. A form stipulation and order shall be provided to the parties which shall establish a timetable for discovery. If all parties sign the stipulation and return it to chambers prior to the scheduled conference, appearances will not be required at the preliminary conference.   ["preliminary-conference", "discovery-scheduling", "scheduling-orders"] [] 9 Dutchess supreme part_rules
BRANDS-003 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS FORECLOSURE ACTIONS Foreclosure Actions Any court-ordered foreclosure sale shall be held in the rear lobby of the Dutchess County Courthouse, 10 Market Street, Poughkeepsie, New York 12601 at 2:30p.m.   ["foreclosure"] [] 9 Dutchess supreme part_rules
BRANDS-004 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS MATRIMONIAL ACTIONS Matrimonial Actions No later than ten (10) days prior to preliminary conference in any matrimonial action, each party shall file and serve copies of the following documents: retainer agreement; net worth statement; most recent paystub and income tax return. Parties must be present at the preliminary conference.   ["matrimonial", "preliminary-conference"] [] 9 Dutchess supreme part_rules
BRANDS-005 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS COMPLIANCE CONFERENCE Compliance Conference The preliminary conference order shall provide a date and time for the parties to appear at compliance conference. At the compliance conference, the Court will ensure that discovery is proceeding as scheduled. Unless a note of issue has been earlier filed, the Court shall direct a date as the deadline for filing a note of issue and certificate of readiness.   ["compliance-conference", "discovery-scheduling", "note-of-issue"] [] 9 Dutchess supreme part_rules
BRANDS-006 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS PRETRIAL CONFERENCE Pretrial Conference and Expert Disclosure Within 45 days of the filing of a note of issue, the Court shall schedule a Pretrial Conference. At the pretrial conference, the Court shall establish a deadline for the exchange of expert witness information pursuant to CPLR §3101(d)(1) which shall, in no event, be later than ninety (90) days before trial for the party bearing the burden of proof on that issue.   ["pre-trial-conference", "note-of-issue"] ["CPLR \u00a73101(d)(1)"] 9 Dutchess supreme part_rules
BRANDS-007 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS MOTIONS Motion Practice Motions are returnable on any day of the week. There will be no appearances unless specifically stated by the court. DO NOT SUBMIT COURTESY COPIES. MOTION PAPERS MUST BE BOUND TOGETHER. Summary Judgment or other dispositive motions must be made within 60 days after filing the note of issue. Working copies are required and shall be received by Chambers on or before the return date.   ["summary-judgment", "courtesy-copies", "adjournments"] [] 9 Dutchess supreme part_rules
BRANDS-008 Part Rules of Honorable James V. Brands 145 NY-SC-9JD-BRANDS TAX-CERT Tax Certiorari / Condemnation Part Rules Article 7 (Tax Cert) petitions are to be filed with the Dutchess County Clerk. There are to be no appearances before this Court on the return date of the petition. Calendar calls for new matters filed in Dutchess County are held throughout each month on Tuesdays and Thursdays. At the preliminary conference a discovery, stipulation and order will be generated setting forth dates for discovery demands and responses. All court ordered discovery and trial dates are to be strictly complied with and any adjournments must be by permission of the court for good cause shown.   ["tax-certiorari", "preliminary-conference", "trial-procedures"] [] 9 Dutchess supreme part_rules
BROGE-001 Part Rules – Hon. Brett Broge, J.S.C. 122 NY-SC-9JD-BROGE I Communications with the Court Correspondence to Court shall be by letter copied to all counsel and self-represented parties, bearing case name and index number, indicating copies were sent. Correspondence between counsel shall not be copied to Court. Must be e-filed in electronically filed cases; in paper cases mailed or emailed (PDF) to both Part Clerk and Assistant Law Clerk. Requests for Court action by letter filed to NYSCEF only. Telephone calls only for situations requiring immediate attention. Fax transmissions: no fax in e-filed cases unless directed; cover sheet required; no fax over 5 pages without Court consent.   ["communication-preferences", "e-filing"] [] 9 Orange supreme part_rules
BROGE-002 Part Rules – Hon. Brett Broge, J.S.C. 122 NY-SC-9JD-BROGE II-A-B Calendar Call & Preliminary Conference Calendar called at 9:15 a.m. Counsel with conflicting appearances must notify Court and opposing party the day before. Virtual conferences by Microsoft Teams as directed by Court only. Matrimonial litigants appear with counsel for all conferences. Notify Court 7 days prior if translator/interpreter required. Preliminary Conference: for e-filed cases, Part Clerk uploads Court Notice to NYSCEF; for paper cases, party filing RJI gives written notice to all parties. Counsel referred to 22 NYCRR 202.12(c) and/or 202.23. Matrimonial matters: documents provided 48 hours prior including pleadings (paper cases), Family/County Court Orders, Net Worth Statement, tax returns (3 years), 3 current pay stubs, retainer agreement. Mental health evaluation reports released to attorneys upon execution of standard release form; may be reviewed with litigants in presence of attorneys but no copies given to litigants.   ["preliminary-conference", "matrimonial", "conference-procedures", "remote-hearings"] ["22 NYCRR 202.12(c)", "22 NYCRR 202.23"] 9 Orange supreme part_rules
BROGE-003 Part Rules – Hon. Brett Broge, J.S.C. 122 NY-SC-9JD-BROGE II-C-F Discovery, Settlement, and Adjournment of Conferences Discovery disputes: addressed between parties prior to Compliance Conference per Rule 202.20. If unable to resolve after good faith effort, contact Part Clerk for scheduling conference; conference required before filing discovery motion. Further conferences as directed by Court. Settlement conference held no less than one month prior to scheduled trial date; counsel attending must be fully familiar and authorized for settlement. No less than 7 days prior to settlement conference, plaintiff submits copies of all bills of particulars; each party submits letter on position. Adjournment of conferences: requests by letter filed to NYSCEF (e-filed) or emailed to Part Clerk and all counsel (paper); must be received no later than 24 hours prior; must state reason, consent/objection, at least 3 mutually-agreeable dates not less than 2 weeks after scheduled date. Court will not grant two consecutive adjournments absent emergency.   ["discovery-disputes", "settlement-conferences", "adjournments", "compliance-conference"] ["22 NYCRR 202.20", "22 NYCRR 202.1", "22 NYCRR 202.10"] 9 Orange supreme part_rules
BROGE-004 Part Rules – Hon. Brett Broge, J.S.C. 122 NY-SC-9JD-BROGE III Motions/Orders to Show Cause/TROs Counsel must be familiar with 22 NYCRR 202.8-a et seq. Written applications by Notice of Motion may be made returnable on any day. NO PAPER OR WORKING COPIES OF E-FILED MOTION PAPERS NEED BE SUBMITTED. Summary judgment motions within 90 days of filing Note of Issue; discovery NOT stayed during pendency of summary judgment motion unless Court orders otherwise. All motion papers and OSC must be typewritten, double-spaced, front-faced only. Summary judgment motions shall conform to 22 NYCRR 202.8-g; Statement of Material Facts not required but if filed, opposing papers must include line-by-line response. Each motion exhibit uploaded as separate PDF with description; plaintiff exhibits numbered, defendant exhibits lettered; exhibits bookmarked. Sur-replies not permitted without express leave. Replies to cross-motions or OSC not accepted without advance leave. TRO must be brought by OSC with request noted in bold on face page, with proof of advance notice or affidavit of why notice inappropriate; except in emergencies, advance notice means at least 24 hours. Motions may be adjourned once on consent within 4 weeks of original date.   ["hearing-procedures", "summary-judgment", "e-filing", "adjournments"] ["22 NYCRR 202.8-a", "22 NYCRR 202.8-g", "CPLR 3214(b)"] 9 Orange supreme part_rules
BROGE-005 Part Rules – Hon. Brett Broge, J.S.C. 122 NY-SC-9JD-BROGE IV Decisions and Orders Orders/judgments submitted for signature on notice must include Affidavit of Service and Notice of Settlement per 22 NYCRR 202.48; orders based on stipulation on the record shall attach copy of transcript. Qualified Domestic Relations Orders must include copy of Judgment of Divorce and relevant portions of Stipulation. Orders containing child support provisions must include modification notice language per DRL 236-b[7]. Every Judgment of Divorce shall include full, unredacted social security numbers of parties.   ["scheduling-orders", "matrimonial"] ["22 NYCRR 202.48", "DRL 236-b(7)", "DRL 240-c(5)(b)"] 9 Orange supreme part_rules
BROGE-006 Part Rules – Hon. Brett Broge, J.S.C. 122 NY-SC-9JD-BROGE VI Pre-Trial and Trial Matters Note of Issue filed via NYSCEF or County Clerk. Trial notebook required not later than 1 week prior to trial: marked pleadings per CPLR §4012; pre-trial memorandum; witness list; exhibits with descriptions (no medical records needed); preliminary requests to charge (PJI numbers); joint verdict sheet. Motions in limine no later than 1 week before trial. For matrimonial matters, no later than 1 week prior to trial: statements of proposed disposition per 22 NYCRR 202.16(h); updated Net Worth Statements; forensic reports. Proof of CPLR 2306/2307 compliance required for subpoenas to municipal entities; all HIPAA subpoenas must attach duly executed authorization. Notify Court 60 days prior if interpreter required at trial.   ["trial-procedures", "exhibits", "note-of-issue", "matrimonial"] ["22 NYCRR 202.16(h)", "CPLR 4012", "CPLR 2306", "CPLR 2307"] 9 Orange supreme part_rules
BROGE-007 Part Rules – Hon. Brett Broge, J.S.C. 122 NY-SC-9JD-BROGE III-7-M Matrimonial Motions Each pendente lite motion must include: statutory calculation for guideline amount of temporary maintenance per DRL 236B(5-a)(c); and current net worth statement. Each motion or OSC seeking modification of support must include current net worth statement or will be rejected. Pendente lite applications shall NOT be made by OSC without good cause shown. Forensic mental health reports released to attorneys upon execution of standard release form; may be reviewed with litigants but no copies given to litigants.   ["matrimonial", "hearing-procedures"] ["DRL 236B(5-a)(c)"] 9 Orange supreme part_rules
BROWN-001 Individual Part Rules – Hon. Craig Stephen Brown 126 NY-SC-9JD-BROWN I Communications with the Court Correspondence to Court copied to all counsel and self-represented parties; not to copy Court on correspondence between counsel unless directed. All correspondence must bear case name and Index, Indictment, or SCI Number. For e-filed cases, correspondence must be electronically filed and faxed or mailed to Chambers. Fax transmissions: no fax over 10 pages absent prior approval; must identify case, index number, page count; faxes to Court must be sent contemporaneously to all parties. Email: Court does not accept legal papers or correspondence by email unless specifically approved or directed; courtesy copy email does NOT obviate requirement of hard copy working copy. Discovery issues or other matters requiring judicial intervention must be notified to Court in writing to schedule conference.   ["communication-preferences", "e-filing"] [] 9 Orange supreme part_rules
BROWN-002 Individual Part Rules – Hon. Craig Stephen Brown 126 NY-SC-9JD-BROWN II Calendar Call & Conferences Regular calendar called at 9:15 a.m. Only counsel fully familiar with case to appear. Bench decisions: party seeking written order must submit proposed order with copy of transcript; signed order filed in Orange County Clerk's Office by Court. Preliminary Conference: Part Clerk notifies RJI-filing party of conference date; appearances mandatory; discovery may be expedited in third party, joint, and consolidated actions. Foreclosure: Contested matters directed to preliminary conference after release from Foreclosure Settlement Conference Part; uncontested matters: Note of Issue within 10 days and Order of Reference within 30 days. Discovery disputes: must notify Court in writing for conference scheduling; discovery motions automatically converted to conference; parties shall not copy Court on correspondence re: discovery issues unless requested.   ["conference-procedures", "preliminary-conference", "compliance-conference", "discovery-disputes", "foreclosure"] ["22 NYCRR 202.12", "22 NYCRR 202.16", "22 NYCRR 202.7"] 9 Orange supreme part_rules
BROWN-003 Individual Part Rules – Hon. Craig Stephen Brown 126 NY-SC-9JD-BROWN II-F-G Pre-Trial/Settlement Conferences and Adjournments Pre-Trial and Settlement conferences may be conducted in Chambers. Failure to appear may result in striking of pleadings; formal motion for relief from sanctions required. Counsel attending must be fully familiar with case and have full authority to settle. Associates, 'of counsel', per diem, and covering counsel held to this rule. Actual parties or insurance claim representatives must be available in person or by telephone. Financial sanctions may be imposed for failure to adhere. Adjournments: requests for conferences discouraged; request in writing by fax to Part Clerk (copied to all counsel) no later than 2:30 p.m. day prior; must state reason, consent/objection, at least 3 proposed dates; Court will notify; request not effective unless approved even if on consent. Trial/fact finding/hearing adjournment requests after scheduling will not be entertained absent extraordinary good cause; Court will not adjourn trial dates once selected absent exigent circumstances.   ["settlement-conferences", "pre-trial-conference", "adjournments"] ["22 NYCRR 130-2.1", "22 NYCRR 202.27"] 9 Orange supreme part_rules
BROWN-004 Individual Part Rules – Hon. Craig Stephen Brown 126 NY-SC-9JD-BROWN III Motions/Orders to Show Cause/Temporary Restraining Orders Written applications by Notice of Motion returnable on any day. Summary judgment motions within 45 days of filing Note of Issue; discovery NOT stayed during pendency of summary judgment or motion to dismiss unless Court orders. All motion papers must be typewritten, double-spaced, securely bound and legible; exhibits legible with external tab markings; official citations only. Page limits: briefs/memoranda limited to 30 pages; affirmations/affidavits limited to 25 pages; papers in violation may be disregarded. Self-addressed stamped envelopes required with all motions and opposition papers except electronically filed. TRO: OSC must indicate request in bold on face page with proof of advance notice (min 24 hours) or explanation why notice inappropriate. Sur-replies and replies to cross-motions not permitted without express leave. No oral argument except for contempt motions unless directed by Court. Motions may be adjourned on consent within 4 weeks of original return date; Part Clerk must be notified; no adjournments within 90 days of trial date.   ["hearing-procedures", "summary-judgment", "page-limits", "adjournments"] ["22 NYCRR 202.8", "CPLR 3214(b)"] 9 Orange supreme part_rules
BROWN-005 Individual Part Rules – Hon. Craig Stephen Brown 126 NY-SC-9JD-BROWN V E-Filing All actions subject to e-filing requirements must be filed through NYSCEF. All submissions including proposed orders, proposed judgments, and letters must be electronically filed. Hard copy submissions require Notice of Hard Copy Submission per 22 NYCRR §202.5-b(d)(1)(iii). Working copies: this Part requires working copies for ALL electronic submissions; must include NYSCEF Confirmation Notice as front cover page; delivered or mailed to Chambers no later than 3rd business day following e-filing on NYSCEF.   ["e-filing", "courtesy-copies"] ["22 NYCRR 202.5-b"] 9 Orange supreme part_rules
BROWN-006 Individual Part Rules – Hon. Craig Stephen Brown 126 NY-SC-9JD-BROWN VI Pre-Trial and Trial Matters Note of Issue filed with County Clerk with copy to Chambers. Trial notebook required no later than 5 business days prior to scheduled trial date; must include: marked pleadings; statement of relevant facts (disputed and undisputed); pre-trial memorandum; witness list; exhibit list; preliminary requests to charge (PJI numbers); proposed joint verdict sheet in final form with electronic version in Word/WordPerfect format emailed to jmartini@nycourts.gov. Evidentiary objections: not later than 3 business days prior to trial, each counsel provides statement of factual basis and authority for any objection; failure may be deemed consent to admission. Witnesses: unlisted witnesses may not testify without adequate explanation; professional witnesses and public employees may testify out of order. Exchange of expert reports: 60 days prior to trial, each counsel provides copy of expert reports. Bifurcation required in personal injury actions per 22 NYCRR 202.42. Jury selection by 'Whites Method' per Appendix E of Uniform Rules.   ["trial-procedures", "exhibits", "note-of-issue", "pre-trial-conference", "trial-settings"] ["22 NYCRR 202.42", "22 NYCRR 202.31", "22 NYCRR 202.33", "CPLR 4012"] 9 Orange supreme part_rules
BROWN-007 Individual Part Rules – Hon. Craig Stephen Brown 126 NY-SC-9JD-BROWN VII Settled and Discontinued Cases Counsel must notify Court by facsimile and where appropriate by e-filing of settlement or withdrawal of any action immediately upon settlement or withdrawal. Copy of signed Stipulation of Discontinuance which has (or will be) submitted to County Clerk shall be submitted to Part Clerk so matter may be marked disposed.   ["settlement-conferences"] [] 9 Orange supreme part_rules
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
CAPONE-001 Individual Part Rules – Hon. Gina C. Capone, Putnam County Supreme Court 141 NY-SC-9JD-CAPONE I.A Correspondence Correspondence to the Court shall, without exception, be copied to all adversary counsel and pro se litigants. In e-filed cases, all correspondence shall be uploaded to NYSCEF. Correspondence between counsel and/or pro se litigants shall not be copied to the Court unless there is some specific judicial purpose to be served. Faxes, emails, and letters addressing substantive non-procedural matters will not be considered by the Court.   ["communication-preferences", "e-filing"] [] 9 Putnam supreme part_rules
CAPONE-002 Individual Part Rules – Hon. Gina C. Capone, Putnam County Supreme Court 141 NY-SC-9JD-CAPONE I.C No Litigation by Letter The Court does NOT permit litigation by way of letter or email correspondence to the Court, or by way of being copied on letter and/or email correspondence by and between counsel. The Court will disregard any communications sent lacking clear need for a response from the Court.   ["communication-preferences", "attorney-conduct"] [] 9 Putnam supreme part_rules
CAPONE-003 Individual Part Rules – Hon. Gina C. Capone, Putnam County Supreme Court 141 NY-SC-9JD-CAPONE II E-Filing Rules and Protocol Counsel and pro se litigants shall familiarize themselves with the statewide E-Filing Rules and the Putnam County and Supreme Courts E-Filing Protocols. Working copies not accepted pursuant to Administrative Order 267/20.   ["e-filing", "courtesy-copies"] ["22 NYCRR \u00a7 202.5-b", "22 NYCRR \u00a7 202.5-bb"] 9 Putnam supreme part_rules
CAPONE-004 Individual Part Rules – Hon. Gina C. Capone, Putnam County Supreme Court 141 NY-SC-9JD-CAPONE III.A Conference General Rules Counsel, including per diem covering counsel and pro se litigants, must appear on time, be fully familiar with the action(s) on which they appear, be authorized and prepared to discuss all factual and legal issues presented by the litigation and settlement demands or offers, and be authorized to enter into any agreement on behalf of their client. In matrimonial actions, attorneys are to appear with their clients for all conferences unless appearances are dispensed with by the Court. In non-matrimonial actions, parties need not appear for conferences unless directed by the Court.   ["conference-procedures", "attorney-conduct", "matrimonial"] ["22 NYCRR \u00a7 202.1"] 9 Putnam supreme part_rules
CAPONE-005 Individual Part Rules – Hon. Gina C. Capone, Putnam County Supreme Court 141 NY-SC-9JD-CAPONE III.B Adjournments A request to adjourn a conference must be made in writing by letter uploaded to NYSCEF (e-filed cases) or email (paper cases) at least 48 hours in advance of the scheduled conference unless there is an actual emergency. All applications must be sent to all parties and must set forth: (1) reason for adjournment; (2) that opposing parties have been notified and whether they consent or object; and (3) length of adjournment sought or, if on consent, a date all parties are available. The parties should not assume that the request for adjournment has been granted unless specifically advised by the Court.   ["adjournments"] ["22 NYCRR \u00a7 202.23"] 9 Putnam supreme part_rules
CLERKIN-001 Individual Part Rules – Hon. Diane M. Clerkin, J.S.C., Westchester County Supreme Court 133 NY-SC-9JD-CLERKIN II.A Governing Authority Counsel are expected to be familiar with the Uniform Civil Rules for the Supreme and the County Court (22 NYCRR) § 202.1, et seq. and the Westchester Supreme Court Civil Case Management Rules. Said rules control to the extent the same have not been superseded and/or supplemented by these Part Rules.   ["part-rules"] ["22 NYCRR \u00a7 202.1", "Westchester Supreme Court Civil Case Management Rules"] 9 Westchester supreme part_rules
CLERKIN-002 Individual Part Rules – Hon. Diane M. Clerkin, J.S.C., Westchester County Supreme Court 133 NY-SC-9JD-CLERKIN 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) and the Westchester County E-Filing Protocol. All documents in mandatory e-filed cases shall be filed through NYSCEF.   ["e-filing"] ["22 NYCRR 202.5-b", "22 NYCRR 202.5-bb"] 9 Westchester supreme part_rules
CLERKIN-003 Individual Part Rules – Hon. Diane M. Clerkin, J.S.C., Westchester County Supreme Court 133 NY-SC-9JD-CLERKIN II.D Appearances by Counsel and Parties Failure to comply with appearance rules may be treated as a default for purposes of 22 NYCRR 202.27 and may result in default judgment, dismissal, and/or sanctions. Only counsel or self-represented parties who are fully familiar with a case and authorized to enter into binding agreements are to appear. Counsel for plaintiff must be prepared to make a settlement demand and counsel for defendant must be prepared to respond.   ["attorney-conduct", "conference-procedures"] ["22 NYCRR 202.27", "22 NYCRR 130-2.1"] 9 Westchester supreme part_rules
CLERKIN-004 Individual Part Rules – Hon. Diane M. Clerkin, J.S.C., Westchester County Supreme Court 133 NY-SC-9JD-CLERKIN II.D Virtual Appearances Counsel may request that conferences be conducted virtually for good cause. Requests must be in writing specifying why a virtual conference is necessary, filed via NYSCEF at least one week prior to the scheduled conference absent emergent circumstances, indicate whether on consent, and provide direct phone numbers and email addresses for all counsel. Virtual appearances conducted via Microsoft Teams. Recording of virtual appearances is prohibited and subject to sanctions.   ["remote-hearings", "conference-procedures"] [] 9 Westchester supreme part_rules
CLERKIN-005 Individual Part Rules – Hon. Diane M. Clerkin, J.S.C., Westchester County Supreme Court 133 NY-SC-9JD-CLERKIN II.D Adjournments of Appearances Adjournments shall be granted only upon a showing of good cause (22 NYCRR 202.10(b)). Request shall be made via letter filed to NYSCEF stating: (1) the appearance date and (2) whether all parties consent and, if not, the reasons given for refusing consent. Absent extraordinary circumstances, requests shall be made two business days before the scheduled appearance. Appearances may not be adjourned by stipulation; only the Court has authority to grant an adjournment.   ["adjournments"] ["22 NYCRR 202.10"] 9 Westchester supreme part_rules
CLERKIN-006 Individual Part Rules – Hon. Diane M. Clerkin, J.S.C., Westchester County Supreme Court 133 NY-SC-9JD-CLERKIN II.E Mediation Pursuant to Part 160 of the Rules of the Chief Administrative Judge, referrals to mediation shall take place at the earliest practicable time. The Ninth Judicial District has a District-wide Presumptive Mediation Program. Cases suitable for presumptive mediation include personal injury actions involving claims or insurance coverage of $50,000 or less. All deadlines and proceedings, including discovery, motion practice, and trials, shall not be extended or stayed during mediation.   ["mediation"] ["22 NYCRR Part 160"] 9 Westchester supreme part_rules
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

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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'
);