Judge Sarah P. Cooper
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
- Not required
Motion
Court-wideOpposition, Reply
Court-wideProposed Order, Supporting Documents
Court-wide
Adjournments
- Adjournment requests should be submitted in advance.
- Every requested adjournment remains subject to the Judge's final approval.
- Medical documentation must accompany an adjournment request made for a medical reason.
- +5 more
Request must include
- An adjournment generally will not be granted unless good cause is shown and the request is made three business days in advance, except in an emergency.
- If a preliminary conference conflicts with travel or another court appearance, counsel must email the court and all attorneys or pro se litigants within three business days, explain the conflict, and provide three proposed Wednesday adjournment dates or times.
- A granted-adjournment stipulation must be emailed to Chambers, not uploaded to e-filing, at least one day before the scheduled appearance.
Communication
Clerk
Chambers
Document Format Requirements4 rules
In cases that are e-filed, exhibits must be uploaded separately.
All exhibits to in-person appearances are to be tabbed and all pages should be single-sided.
- Exhibits
Formatting
- •Exhibit pages should be single-sided
All submissions must comply with the requirements, including page limits, detailed in 22 NYCRR 202.16-b.
Proposed signed agreements, once fully executed, should be sent by e-mail as a PDF to Chambers for review at least three (3) days in advance of the scheduled inquest and allocution.
- File type
- Proposed agreement
Document Filing Requirements39 rules
If no Notice of Appearance has been entered before a Court Appearance, one must be filled out and submitted in Open Court.
All attorneys must file a Notice of Appearance.
All parties, and all counsel, must provide their contact information at or before the first appearance, including their email address and telephone number, by filling out a contact sheet.
All motions shall be made by Order to Show Cause unless otherwise directed by the Court.
Allegations of fact submitted to the Court, including allegations contained in an affidavit or the complaint must be certified by counsel in the form prescribed by the Chief Administrative Judge.
Any application related to child support shall include a Child Support Standards Act worksheet.
- Document
- Child support application
Must include
- •Child Support Standards Act worksheet
A request for a preliminary conference shall accompany the RJI and both must be served on all parties.
All motions for contempt must be made by Order to Show Cause in conformity with the Judiciary Law and contain the required warning in correct type face and type size.
IN ANY APPLICATION TO CONSOLIDATE YOU MUST INFORM THE SUPREME COURT OF THE NEXT DATE YOU ARE SCHEDULED TO BE IN FAMILY COURT, AND THE NAME OF THE JUDGE, REFEREE OR SUPPORT MAGISTRATE ASSIGNED TO YOUR CASE.
Copies of the Family Court petition and any existing orders must be submitted with the application to consolidate.
A Consent to Change Attorney form shall not be used when a litigant will be left to represent themselves.
All subpoenas submitted for signature must be on notice unless otherwise instructed by the Court.
Interpreter requests must be submitted at least ten days before the preliminary conference and specify the requested language and dialect.
Court's wording
Note that requests for interpreters must be made at least ten (10) days before the preliminary conference together with the other required submissions (see below). You must provide the language and dialect for the requested interpretation services.
Initial post-judgment applications shall be brought by Order to Show Cause.
- Document
- Initial post-judgment application
Must include
- •Order to Show Cause
At least ten days before the preliminary conference, the assigned judge’s part must receive litigant and attorney email addresses, any interpreter request with language and dialect, a completed preliminary conference order, and a completed DRL 240 Registry Check form by email.
Court's wording
The following information shall be emailed to the assigned judge’s part no later than ten (10) days before the preliminary conference to facilitate scheduling the virtual appearance: a. the litigants ’email addresses; b. the retained attorneys ‘email addresses; c. any request for an interpreter, including the specific language and dialect; d. a completed copy of the preliminary conference order, which is available on the court’s website at Divorce Forms | NYCOURTS.GOV; and e. a completed DRL 240 Registry Check form.
Pursuant to court rules, a proposed preliminary conference order shall be submitted in advance of the preliminary conference.
Pursuant to 22 NYCRR 202.16 (f) (1), all pleadings and net worth affidavits shall be filed with the Part ten (10) days prior to the conference date, accompanied by the attorneys ’retainer statements and the parties ’recent pay stubs or W-2/1099 statements.
A STATUTORY RECORDS CHECK FORM MUST BE COMPLETED AND SUBMITTED TO THE PART CLERK IN EVERY CASE WHERE THERE ARE CHILDREN UNDER THE AGE OF EIGHTEEN (18) YEARS OLD, unless waived by the Court because a statutory records check was previously completed within the prior ninety (90) days.
A Note of Issue shall be filed prior to the Pre-Trial Conference, in accordance with the compliance conference order.
Each party must provide the court with specified financial and proposed-disposition materials, including three years of tax returns and supporting tax forms.
Court's wording
Each party shall provide the Court with a statement of proposed disposition, updated net worth statement, maintenance guidelines calculation, child support worksheet (if applicable), and the last three (3) years tax returns with all attached W-2s, 1099s, K1s and schedules.
The following, if applicable, shall be provided to the Court at least one (1) week prior to the date of trial, if not previously provided at a pre-trial conference or on another timeline indicated by Court Order:
If you are directed to file a Note of Issues on a date certain you must file it unless you have permission of the court to extend the date of filing.
The backup documents that verify the content of the chart must 11 be sent to opposing counsel so they can verify the underlying documents and test the accuracy of the chart prior to trial.
If the prior year’s tax return has not yet been filed, copies of all W-2, K-1, and 1099 statements, and a copy of the filed extension must be provided.
If the case involves custody of children, a fully completed registry check form shall also be provided at least two (2) days in advance.
Applications for counsel fees must include retainer agreement, copies of billing records and affirmation of services.
Prior to the pre-trial conference, the parties shall attempt to execute a stipulation as to: (i) the authenticity and admissibility of exhibits; and (ii) undisputed facts.
All Domestic Relations Orders must be submitted at the same as the proposed judgment, or within 45 days of the signing of the judgment, and must be accompanied by written plan approval or a letter from the plan indicating they do not pre-approve such orders.
If papers are rejected the re-submitted proposed judgment/order must include a new notice of settlement.
- Document
- Proposed judgment or order
Must include
- •A new notice of settlement
All judgments and orders must include a notice of settlement in compliance with 22 NYCRR 202.48.
All post-judgment applications, except requests for an ex parte Temporary Order of Protection, related to an order, judgment or agreement must have a copy of the underlying order, judgment and agreement annexed.
Post-judgment applications must be brought by Order to Show Cause if there are no presently pending post-judgment applications with service as directed by the Court.
Parties and attorneys shall ensure that anytime their contact information changes, and updated contact sheet is filled out.
A Consent to Change Attorney form is only permitted when the party one attorney is taking over representation from another attorney.
If the trial concerns the issue of custody only and involves no financial issues, the parties shall file a proposed parenting plan instead of a statement of proposed disposition and need not file an updated statement of net worth. Attorneys for children, if any, may file a proposed parenting plan if they wish to do so, and shall also exchange and file witness and exhibit lists
The Referral Order must specify the specific issue(s) being referred to the Referee.
Referrals on the issue of contempt can only be to hear and report.
Case law requires that a new retainer agreement be entered into by the litigant and counsel for post- judgment representation even if the attorney was the attorney of record on the underlying action.
In the event there is a post-judgment application pending, further applications may be made by Notice of Motion or Cross-motion.
- Document
- Further post-judgment application
Include
- •Notice of Motion or Cross-motion
Filing & Service rules
Electronic Filing Rules
In a case not converted to e-filing, an affirmation must be emailed to the Part address on notice to all sides at least one day before the court appearance.
In cases that have not been converted to e-filing, affirmations must be emailed to the Court using the Part e-mail address listed above at least one (1) day prior to the court appearance on notice to all sides.
Page 2 | Adjournment Requests
In cases converted to e-filing, required affirmations must be submitted through NYSCEF.
Affirmations in e-filed cases must be submitted through NYSCEF.
Page 2 | Adjournment Requests
A granted-adjournment stipulation must not be uploaded to e-filing.
The stipulation shall be e-mailed to the chambers e-mail listed above, NOT uploaded to e-filing, at least one (1) day prior to the scheduled appearance date.
Page 2 | Adjournment Requests
A case may not be designated uncontested merely because it settled, and a divorce judgment in an action commenced as contested matrimonial must be uploaded electronically as a contested judgment of divorce.
Please do not file documents as uncontested just because you settled the case. If an action is commenced as a contested matrimonial then any judgment of divorce submitted through e-filing must be uploaded as a contested judgment of divorce.
Page 3 | E-Filing
Ex parte and emergency applications must be clearly identified when filed electronically.
When e-filing documents make sure you click the right document. Clearly identify ex parte or Emergency Applications.
Page 3 | E-Filing
Letters may not be uploaded through e-filing without Court permission because they become part of the County Clerk's permanent records.
Do not upload letters to e-filing, without court permission, letters become part of the permanent records of the Office of the County Clerk.
Page 3 | E-Filing
Communications with adversaries or the Court may not be uploaded through e-filing without prior Court permission and will be rejected if uploaded improperly.
E-filing is not to be used to upload communications with adversaries and/or the Court without prior Court permission. Any such communications will be rejected.
Page 3 | E-Filing
Counsel must electronically file a Notice of Appearance before the first appearance.
A Notice of Appearance shall be e-filed before the first appearance by counsel.
Page 3 | Virtual Appearances
Copies of the RJI and Preliminary Conference request must be electronically filed, or filed with both the Bronx County Clerk and Matrimonial Clerk when the party does not use e-filing.
A copy of the RJI and the request for a Preliminary Conference (PC) shall be e-filed. If the party is not using e-filing, these copies must be filed with the Bronx County Clerk’s office and the Matrimonial Clerk’s office.
Page 4 | Request for Judicial Intervention (RJI)
Forensic Reports and ACS Reports must not be uploaded to NYSCEF.
Forensic Reports and ACS Reports shall NOT be uploaded to NYSCEF.
Page 7 | Trials
Counsel must upload the pre-marked list of stipulated evidentiary documents to the Virtual Evidence Room at least one week before the pretrial conference.
A list of documents, pre-marked by counsel, which counsel stipulate may be introduced into evidence shall be uploaded to the Virtual Evidence room at least one (1) week prior to the pretrial conference.
Page 7 | Pre-Trial Conference-Time Specified
Forensic Evaluations and Child Protective Reports cannot be uploaded to the Virtual Evidence Courtroom.
In accordance with our e-filing rules Forensic Evaluations and Child Protective Reports CANNOT be uploaded to the VEC.
Page 8 | Virtual Evidence Courtroom (VEC)
The Virtual Evidence Courtroom permits uploads of agreed-upon evidence and, with court permission, in-camera documents, but only court users may move documents into evidence.
In the VEC there are drop downs to upload agreed-upon evidence and even with court permission, documents for in-camera inspection. Only court users can move the documents into evidence.
Page 8 | Virtual Evidence Courtroom (VEC)
Document submissions may be uploaded through e-filing when the case has been converted by consent or submitted by another court-authorized case-specific method under virtual trial protocols.
Submission of documents can be uploaded through e-filing, where the case has been converted on consent, or other methodology as permitted by the Court on a case-by-case basis, pursuant to ongoing virtual trial protocols.
Page 8 | Applications for counsel fees
A party unable to obtain the adversary's consent may use the NYSCEF letter application or Notice of Conversion to seek conversion to e-filing.
There is a letter application to convert to e-filing (application.convert.pending.action.pdf (state.ny.us)) where you cannot get the consent of your adversary. There is also a Notice of Conversion (EF-28a). The forms can be accessed in NYSCEF- just click the forms option.
Page 3 | E-Filing
Cases in which both parties are represented by counsel may be converted to e-filing by uploading a consent-to-convert stipulation through EDDS, except at commencement or under a court order.
Proceedings may be converted to e-filing pursuant to Administrative Order 114/20 (available at nycourts.gov) where both parties are represented by counsel, except for commencement or pursuant to court order. To consent to e-filing: upload a consent to convert stipulation through the EDDS system at https://iappscontent.courts.state.ny.us/NYSCEF/live/edds.htm.
Page 3 | E-Filing
Filing Timing and Cure Windows
The Preliminary Conference must be scheduled within 45 days after the RJI is filed, and adjournments are limited.
The Preliminary Conference (PC) must be scheduled within forty-five (45) days of the RJI being filed and adjournments will be limited.
Page 4 | Request for Judicial Intervention (RJI)
A Request for Judicial Intervention must be filed within 45 days after service of the summons.
Pursuant to 22 NYCRR 202.16(d), an RJI shall be filed within forty-five (45) days of the date of service of the summons.
Page 4 | Request for Judicial Intervention (RJI)
Exhibit objections must be filed by motion at least one week before the pretrial conference, and objections not raised by the conference are deemed waived.
In the event there are exhibits, or portions of exhibits to which counsel objects, such objections shall be filed by motion at least one (1) week prior to the pretrial conference. Any objections to exhibits not raised by the time of the pretrial conference shall be deemed waived.
Page 7 | Pre-Trial Conference-Time Specified
All motions in limine must be made by the time of the Pre-Trial Conference.
All motions in limine shall be made by the time of the Pre-Trial Conference.
Page 7 | Pre-Trial Conference-Time Specified
All judgments must be submitted within 60 days or the action will be deemed abandoned and dismissed.
All judgements must be submitted within 60 days, or the action will be deemed abandoned and dismissed.
Page 9 | Judgments of Divorce
Service and Proof of Service Rules
Service of a summons must include copies of the Automatic Orders, the Notice of Domestic Relations Law § 255, and the Notice of the Maintenance Guidelines.
Pursuant to Domestic Relations Law § 236 B (2), when serving a summons, a copy of the Automatic Orders, Notice of Domestic Relations Law § 255, and Notice of the Maintenance Guidelines must also be served.
Page 4 | Automatic Orders
Orders to show cause and consolidation motions must be served on all Family Court attorneys of record when a Family Court action is pending.
All orders to show cause and motions for consolidation must be served on all attorneys who have appeared or been appointed in the Family Court if there is presently an action pending in Family Court.
Page 5 | General Part Rules
Subpoenas seeking documents from a state agency or municipality must be served in compliance with CPLR 2307.
Subpoenas seeking documents from a state agency or municipality must be served in compliance with CPLR 2307.
Page 5 | Subpoenas
The party filing the RJI must file proof of service of the RJI, the preliminary-conference request, and the notice on the opposing litigant or attorney no later than ten days before the preliminary conference.
The party that filed the RJI must file proof of service of the RJI, the request for preliminary conference and this notice on the opposing litigant/attorney no later than ten (10) days before the preliminary conference.
Page 6 | Preliminary Conferences
The responsible party must notify the adversary, successor adversary, or self-represented litigant of the preliminary conference date.
It is your responsibility to notify your adversary, any successor adversary, or any self-represented litigant of the preliminary conference date.
Page 6 | Preliminary Conferences
Parties must exchange proposed exhibits no later than fifteen days before the pretrial conference.
Parties shall exchange proposed exhibits no later than fifteen (15) days prior to the pretrial conference.
Page 7 | Pre-Trial Conference-Time Specified
Initial post-judgment applications require personal service on the litigant unless waived, and service on prior counsel is defective.
Initial post-judgment applications must be personally served on litigant unless waived by the Court or adversary. Service on prior counsel is defective service.
Page 10 | Post-Judgment Applications
The proposed exhibit should be exchanged 10 days prior to trial.
The proposed exhibit should be exchanged 10 days prior to trial.
Page 7 | Trials
Courtesy Copy Requirements
Courtesy copies of motion papers are neither required nor accepted unless the Court requests them.
Working copies or courtesy copies of motion papers are not required and will not be accepted unless requested by the Court.
Page 4 | Motion Practice
Filing Bundling Requirements
After a motion is fully submitted or argued, no further submissions or post-argument letters concerning that motion will be accepted.
Once motions are fully submitted, the Court will not allow any further submissions. Letters to the Court after oral argument or full submission regarding a pending motion that was fully submitted will not be accepted.
Page 4 | Motion Practice
Pre-Motion Conference Requirements
Counsel is encouraged, but not required, to request a pre-filing conference by email to the stated address, copy all counsel and pro se litigants, and provide at least three mutually available proposed dates and times.
Counsel is encouraged to request a conference via email to BxSupCiv-IA28@nycourts.gov, cc'ing all counsel (and/or pro se litigants), prior to filing a motion. Such request shall include at least three proposed adjourn dates/times that work for all attorneys (and/or pro se litigants) on the case.
Page 4 | Motion Practice
Adjournment & Extension Requirements
An adjournment generally will not be granted unless good cause is shown and the request is made three business days in advance, except in an emergency.
In general, adjournments will not be granted except for good cause shown, 3 business days in advance, absent an emergency.
Page 2 | Adjournment Requests
Medical documentation must accompany an adjournment request made for a medical reason.
If the adjournment request is being made because of a medical reason, medical documentation must be provided at the time of the request.
Page 2 | Adjournment Requests
After an adjournment is granted, counsel or a self-represented litigant must prepare a stipulated submission containing the case identifiers, original appearance date, new adjourn date, and reason for adjournment.
If the request for adjournment is granted by the Court, then counsel or self-represented litigants shall prepare a stipulation including the caption and index number of the case, the appearance date, the adjourn date, and the reason for the adjournment.
Page 2 | Adjournment Requests
Parties and counsel must appear unless the Court expressly grants an adjournment.
Parties and counsel are expected to appear unless the adjournment is explicitly granted by the Court.
Page 2 | Adjournment Requests
A granted-adjournment stipulation must be emailed to Chambers, not uploaded to e-filing, at least one day before the scheduled appearance.
The stipulation shall be e-mailed to the chambers e-mail listed above, NOT uploaded to e-filing, at least one (1) day prior to the scheduled appearance date.
Page 2 | Adjournment Requests
If a preliminary conference conflicts with travel or another court appearance, counsel must email the court and all attorneys or pro se litigants within three business days, explain the conflict, and provide three proposed Wednesday adjournment dates or times.
If counsel determines that the preliminary conference date is a conflict because they will be out of the jurisdiction, or engaged in another court appearance, counsel shall, within three (3) business days of receiving the preliminary conference date, email the Court, cc'ing all attorneys (and/or pro se litigants) explaining the conflict and providing three proposed adjourn dates/times that work for all attorneys (and/or pro se litigants) on the case. The proposed adjourn dates must be Wednesdays.
Page 5 | Preliminary Conferences
Court-scheduled trial dates are firm; an adjournment requires an application based on an emergency, and the court will grant one only in rare instances of good cause.
Trial dates scheduled by the Court are firm and may only be adjourned upon application based upon an emergency. No adjournments will be granted unless the court concludes, in rare instances, that good cause exists.
Page 8 | Applications for counsel fees
Every requested adjournment remains subject to the Judge's final approval.
All adjournments are subject to final approval by the Judge.
Page 2 | Adjournment Requests
Adjournment requests should be submitted in advance.
Requests for adjournments should be made in advance.
Page 2 | Adjournment Requests
An adjournment based on counsel's engagement is permitted only as provided by Part 125 of the Rules of the Chief Administrator of the Courts.
All adjournments on the grounds of engagement of counsel shall be granted only in accordance with Part 125 of the Rules of the Chief Administrator of the Courts.
Page 2 | Adjournment Requests
Referee referrals should be trial-ready on the selected date, should not be used for extensive conferencing, and should not be adjourned without good cause.
Referrals to referee parts are expected to be trial ready on the date selected for trial and prepared to be heard day-to-day thereafter. These referrals are NOT for the purpose of extensive conferencing and the dates selected should not be adjourned, without good cause.
Page 10 | Referee Referrals
Chambers Communication Rules
A represented litigant must not communicate directly with the Court.
Represented litigants shall not contact the Court directly.
Page 1 | Communications with the Part Clerk and Chambers
The Court will not accept ex parte or one-sided communications.
THE COURT WILL NOT ACCEPT EX PARTE (ONE-SIDED) COMMUNICATIONS.
Page 1 | Communications with the Part Clerk and Chambers
All communications to the Court, including interpreter requests, must be sent by email to the Part 28 Court email address.
All communication to the Court, including requests for an interpreter, shall be by email to BxSupCiv-IA28@nycourts.gov.
Page 1 | Communications with the Part Clerk and Chambers
Every email communication to the Court must be sent on notice to all parties and counsel.
ALL E-MAIL COMMUNICATIONS WITH THE COURT MUST BE ON NOTICE TO ALL PARTIES/COUNSEL.
Page 1 | Communications with the Part Clerk and Chambers
Represented litigants may not be copied or blind-copied on emails to the Court.
Represented litigants shall not be carbon copied (or BCC'd) on any email communications to the Court.
Page 1 | Communications with the Part Clerk and Chambers
Court communications subject to the no-ex-parte rule must include any attorneys for the children.
THIS REQUIRES INCLUSION OF ATTORNEYS FOR THE CHILDREN.
Page 1 | Communications with the Part Clerk and Chambers
The subject line of every email to the Court must state the full caption name, index number, and next court date when an adjournment date exists.
All communications to the Court shall include the Full Caption Name, Index Number and the next court date (if there is an adjourn date) in the subject line.
Page 1 | Communications with the Part Clerk and Chambers
If temporary orders of protection will continue through the adjournment date, the parties must appear on the original date to obtain service of extended orders through that date.
If the Temporary Order(s) of Protection are continuing to the adjourn date, the parties must appear on the originally scheduled date for service for an extended Temporary Order(s) of Protection to the adjourn date.
Page 2 | Adjournment Requests
Parties and counsel must notify the Court when an existing temporary order of protection would expire on the scheduled appearance date.
It is the obligation of the parties/counsel to notify the Court if there are existing Temporary Order(s) of Protection that would expire on the scheduled court appearance.
Page 2 | Adjournment Requests
A represented litigant may not communicate directly with Chambers or the Court.
If you are represented by an attorney, you cannot communicate with chambers or the Court directly.
Page 2 | Communications with the Part Clerk and Chambers
Litigation may not be conducted by email without express permission from the Court.
Please note that you may NOT litigate by way of e-mail absent express court permission.
Page 2 | Communications with the Part Clerk and Chambers
The Part e-mail must be used to notify chambers staff and the part clerk at least three court days before each proceeding requiring a court interpreter.
Chambers staff and the part clerk must be notified via the Part e-mail at least three (3) court days in advance of EACH court proceeding (including conference, oral argument, hearing, trial) if a court interpreter is needed.
Page 5 | Court Interpreter Services
Chambers must be notified at least ten days before the preliminary conference and one day before each later appearance requiring a statutory records check, with the form submitted in advance.
Please notify chambers at least ten (10) days before the preliminary conference and at least one (1) day in advance of each subsequent court appearance where a statutory records check is required and submit the form so the records check can be prepared in advance of the court appearance.
Page 6 | Preliminary Conferences
Parties and counsel must not call Chambers, the Part, or the Part Clerk to request an adjournment or ask scheduling questions.
Please do not call Chambers, the Part or the Park Clerk regarding adjournment requests or questions about scheduling.
Page 1 | Communications with the Part Clerk and Chambers
Emails to the Court should be sent only during courthouse business hours and not after hours, on weekends, or on holidays.
E-mails to the Court should only be sent during courthouse business hours NOT after courthouse business hours, on weekends or on holidays.
Page 2 | Communications with the Part Clerk and Chambers
The Court, Chambers, and the Part Clerk must not be copied on correspondence, letters, or emails exchanged between counsel or parties.
Please do not copy the Court, Chambers or the Park Clerk on correspondence, letters or emails exchanged between counsel or the parties.
Page 2 | Communications with the Part Clerk and Chambers
Fully executed signed agreements should be emailed to chambers as PDFs for review at least three days before a scheduled inquest or allocution.
Proposed signed agreements, once fully executed, should be sent by e-mail as a PDF to Chambers for review at least three (3) days in advance of the scheduled inquest and allocution.
Page 8 | Inquests and Stipulations
Notice of a withdrawn motion, settlement, or discontinuance must be emailed to the Court with all attorneys or pro se litigants copied.
If a motion has been withdrawn, or the case has been settled or otherwise discontinued, please inform the Court via email to BxSupCiv-IA28@nycourts.gov, carbon copying all attorneys or pro se litigants.
Page 9 | Settlement
A party or attorney may request a contact sheet from the Part Clerk by email.
Contact sheets are available in the courtroom and also by request to the Part Clerk, via email.
Page 1 | General Part Rules
The court will confirm a new preliminary conference date by email.
The new preliminary conference date will be confirmed over email by the Court.
Page 5 | Preliminary Conferences
The Court part may be contacted by email for sample questions about inquests.
Contact the Court part by e-mail for sample questions for inquests.
Page 9