New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.16-b - Submission of Written Applications in Contested Matrimonial Actions

Current through Register Vol. 46, No. 28, July 10,
				  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.