Current through Register Vol. 46, No. 39, September 25, 2024
(1) Applicability.
This section shall be applicable to all contested matrimonial actions and
proceedings in Supreme Court authorized by subdivision (2) of Part B of section
236 of
the Domestic Relations Law.
(2)
Unless otherwise expressly provided by any provision of the CPLR or other
statute, and in addition to the requirements of 22 NYCRR §
202.16(k) where
applicable, the following rules and limitations are required for the submission
of papers in all applications (including post judgment applications) for
alimony, maintenance, counsel fees, child support, exclusive occupancy, custody
and visitation unless said requirements are waived by the judge for good cause
shown:
(i) Applications that are deemed an
emergency must comply with 22 NYCRR § 202. 8(e) and provide for notice, where
applicable, in accordance with same. These emergency applications shall receive
a preference by the clerk for processing and the court for signature.
Designating an application as an emergency without good cause may be punishable
by the issuance of sanctions pursuant to Part 130 of the Rules of the Chief
Administrative Judge. Any application designated as an emergency without good
cause shall be processed and considered in the ordinary course of local court
procedures.
(ii) Where practicable,
all orders to show cause, motions or cross-motions for relief should be made in
one order to show cause or motion or cross-motion. The utilization of the
requirement to move by order to show cause or notice of motion shall be
governed by local part rule.
(iii)
Length of Papers: Parties shall comply with the word limitations in subsections
(a)-(f) of 22 NYCRR §
202.8(b) as
amended.
(iv) Form of Papers:
Parties shall comply with the requirements of 22 NYCRR §
202.5(a) as
amended.
(v) Notwithstanding 22
NYCRR §
202.5 -a, papers and
correspondence may be transmitted to the court by fax by a self-represented
party without prior court approval unless prohibited by a local part rule or
judicial order.
(vi)
Self-represented litigants may submit handwritten applications provided that
the handwriting is legible and otherwise in conformity with all applicable
rules.
(vii) Except for affidavits
of net worth (pursuant to 22 NYCRR §
202.16(b)),
retainer agreements (pursuant to Rule 1400.3 of the Joint Rules of the
Appellate Division), maintenance guidelines worksheets and/or child support
worksheets, or counsel fee billing statements or affirmations or affidavits
related to counsel fees (pursuant to Domestic Relations Law § 237 and 22 NYCRR
§
202.16(k)), all
of which may include attachments thereto, all exhibits annexed to any motion,
cross motion, order to show cause, opposition or reply may not be greater than
three (3) inches thick without prior permission of the court. All such exhibits
must contain exhibit tabs.
