Judge John DelMonte
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Page & Word Limits1 rule
All parties are to submit a brief summary and position statement (not to exceed one page) prior to the preliminary conference.
- Preliminary conference statement
- Up to 1 page
Document Filing Requirements9 rules
NOTE: All supporting papers must be in the form of a notary jurat sworn affidavit or a properly avowed affirmation in accordance with CPLR 2106.
Requests for pendente lite relief must be substantiated by tax statements or paycheck stubs.
Both parties are required to have their statements of net worth [236(b)] filed prior to the preliminary conference in a matrimonial action.
All parties are to submit a brief summary and position statement (not to exceed one page) prior to the preliminary conference.
The applicant MUST provide two recent paycheck stubs and proof of government benefits such as Social Security Disability, SNAP, or other DSS benefits and all other sources of income before the court will consider the ===== PAGE 5 ===== application.
Any attorney or pro se litigant who submits documents to the court certifies that the papers do not contain any false material factual statement.
A party who applies for poor person relief must use court form UCS-FW1S attached herewith.
- File an Affirmation of Service (UCS-FW3) with the court
Include
- •Certificate of service
A request for oral argument via Microsoft Teams must be requested in writing in which the reason for the request is stated. Office location alone is not a reason for granting a virtual appearance.
Filing & Service rules
Electronic Filing Rules
An order must be uploaded as a proposed order before the court can sign and file it.
Orders must be uploaded as a proposed order before they can be signed and filed.
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Filing Timing and Cure Windows
Opposition papers must be uploaded one week before the return date, and reply papers must be uploaded by noon on the Tuesday before the return date.
Opposition papers are due to be uploaded one week before the return date, and replies are due by noon on Tuesday before the return date.
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A dispositive motion must be filed within 90 days after the Note of Issue is filed.
Dispositive Motions shall be filed within 90 days from the filing of the Note of Issue.
Page 1 | MOTIONS
Service and Proof of Service Rules
Orders based on the court's decision must be submitted to all counsel for approval before being submitted to the court.
Orders based upon a decision of this court shall be submitted to all counsel for approval prior to submission to the court.
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When the parties cannot agree on a proposed order, the proposed order and notice of settlement must be served with ten days' notice by mail or five days' notice by personal service and be returnable at the original proposed order's date and time.
If the parties are unable to agree to a proposed order, the proposed order and notice of settlement shall be served in accordance with Uniform Rule §202.48 which provides for ten days mailed notice or five days notice if by personal service and made returnable on the same date and time as the original proposed Order.
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When an initiating pleading has already been filed, the fee-waiver application and notice of motion must be served on the case parties and the appropriate government counsel.
If yes, you must: - Serve this Application to Waive Court Fees and Costs (UCS-FW1) with Notice of Motion (UCS-FW2) on the: o Other parties in the case o Corporation Counsel (if filed in NYC) o County Attorney (if filed outside of NYC)
Page 7 | Application to Waive Court Fees and Costs
Filing Fees and Waivers
A pro se applicant may request a waiver of all court filing fees, the filing fee for a Notice of Appeal, or another specified fee-related relief.
6. I request a court order (choose one of the following): ○ Waiving any and all court filing fees for this case ○ Waiving the filing fee for a Notice of Appeal ○ Other (specify):
Page 7 | Application to Waive Court Fees and Costs
Earning minimum wage alone does not guarantee that a fee-waiver application will be granted.
Earning minimum wage alone does not necessarily result in granting fee waivers.
Page 5 | Application to Waive Court Fees and Costs
The Application to Waive Court Fees and Costs form supports a request to waive the filing fee.
This statement is made in support of my request to waive the filing fee.
Page 6 | Application to Waive Court Fees and Costs
Adjournment & Extension Requirements
Motions generally may not be adjourned; an adjournment requires the consent of all parties and notice to the court.
Motions shall not be adjourned generally and can only be adjourned upon consent of all parties and with notice to the Court.
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Preliminary conferences may be adjourned only with the consent of all counsel and only to a date within 45 days after the RJI is filed.
Preliminary conferences may only be adjourned upon consent of all counsel and to a date within 45 days from the filing of the RJI.
Page 3 | CONFERENCES
The requesting party must call LeNeesha Eve for available time slots and then confirm the adjourned date with the parties and LeNeesha Eve.
The party requesting the adjournment shall call LeNeesha Eve for available time slots then confirm the adjourned date among the parties and LaNeesha Eve.
Page 3 | CONFERENCES
Do not use a Microsoft Teams invitation to request an adjournment.
Please do not use the Micorsoft Teams invitation as the vehicle to request an adjournment.
Page 3 | CONFERENCES
Chambers Communication Rules
Motion requests must be coordinated with the court clerk.
Motion requests are to be coordinated with the court clerk.
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