Provisions

Individual rule provisions extracted from part rules documents

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

9 rows where doc_id = 125

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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
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

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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'
);