Current through Register Vol. 46, No. 12, March 20, 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.
