Judge Elena F. Cariola
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Pleadings
Communication
Chambers
Clerk
Page & Word Limits2 rules
Unless otherwise permitted by the Court for good cause, briefs or memoranda of law are limited to 25 pages each.
- Brief or memorandum of law
- Up to 25 pages
- Brief
- Memorandum of law
At least forty-eight (48) hours prior to any scheduled conference (exclusive of weekends) each party shall submit, ex parte, their positions on settlement. Submissions shall be no longer than five (5) pages, exclusive of any submitted exhibits, and shall be emailed to the law clerk at cseppele@nycourts.gov.
- Settlement position submission
- Up to 5 pages
Excluded from page count
- •Exhibits
Document Format Requirements7 rules
The print size of footnotes shall be no smaller than 10-point.
- Font size
- At least 10 points
Every paper filed in court, other than an exhibit or printed form, shall contain writing on one side only, and shall contain print no smaller than 12-point, on 8 ½ x 11 inch paper, bearing margins no smaller than one inch.
- Court filing
Formatting
- •Writing must appear on one side only
- •Exhibits and printed forms are excepted
Requests to Charge shall be provided to the Court and opposing counsel in both hard copy form and via electronic mail to jpalmesa@nycourts.gov in MS Word or Wordperfect format.
- File type
- Word
Formatting
- •MS Word or WordPerfect format
For e-filed cases, the index number shall be in the proper NYSCEF format.
Exhibits should be marked and legible.
Photocopies that do not show relevant details will not be considered.
- Photocopies
Formatting
- •Photocopies must show relevant details to be considered
Photos should be in color and clear if you would like the Court to consider them.
Document Filing Requirements62 rules
All written communication with chambers shall include the short caption and index number.
- Document
- Written communication
- Placement
- Caption
Must include
- •Case number
The Court will not accept correspondence requesting legal relief. A formal motion must be filed.
The party requesting the preliminary conference must prepare a Case Information Sheet and, for an already assigned case, submit it on notice to the opposing party concurrently with the RJI.
Court's wording
A Case Information Sheet shall be prepared by the party requesting the preliminary conference and submitted- on notice to the opposing party – concurrently with the RJI for cases already assigned to Justice Cariola, or within seven (7) days of notification from chambers that the case has been assigned to Justice Cariola and the conference has been scheduled.
The movant must specify in the notice of motion or order to show cause the exact relief counsel seeks.
- Document
- Notice of motion
Must include
- •The exact relief counsel seeks
A ‘Notice of Motion’ shall be filed without indicating a return date.
Counsel must attached copies of all pleadings and other documents as required by the CPLR and as necessary for an informed decision on the motion, especially on motions pursuant to CPLR 3211 and 3212.
Should a motion be unopposed, the movant shall provide a proposed order to the Court, via NYSCEF in e-filed matters, within fourteen (14) days of the motion return date.
- Document
- Motion
Must include
- •Proposed order
The failure to comply with this Order shall waive any motions in limine or objections thereto.
Each objection must delineate the page/line number and minute/second of the video testimony, and provide a specific basis for the objection with legal support if necessary.
The failure to comply with this Order shall waive any trial objections to the proposed testimony, and result in the preclusion of any non-designated testimony.
The failure to comply with this Order shall waive any trial objections to the proposed video testimony.
All objections must delineate the name of the witness, page/line number of the proposed testimony, and provide a specific basis for the objection with legal support if necessary.
Said Deposition Designations shall provide the name of the witness, page/line numbers and a transcript of the proposed testimony.
For all cases, a filed Affidavit of Service must include the specified information and proof or acknowledgment of service; an Affidavit of Defendant must state whether Defendant seeks spousal maintenance as payee or note a prior written agreement addressing maintenance.
Court's wording
3) Admission of Service or Affidavit of Service or Affidavit of Defendant/stipulation (all cases). Affidavit of Service must have: Filed: □ a) statement of how affiant knew the person served was defendant (DRL §232 (b), or photo of defendant: and □ b) physical description of person served (CPLR 306); and □ c) date, time and place of service; and □ d) name of person making the service □ e) proof of service of Notice of Guideline Maintenance (or acknowledgment of service of the Notice of Guideline Maintenance); □ f) proof of service of Notice of Automatic Order (or acknowledgment of service) □ j) Affidavit of Defendant: statement that Defendant IS or IS NOT seeking spousal maintenance as payee OR prior written agreement addresses spousal maintenance;
A case with a summons must file a time-stamped verified complaint containing the specified verification, residency, grounds, relief, marriage, military-status, prior-action, age, child, and spousal-maintenance information.
Court's wording
4) Verified Complaint (all cases with a Summons), containing: (must be time-stamped) □ a) completed verification (DRL §211); Filed: □ b) residency requirements; (DRL §230); □ c) grounds (DRL §170); DRL 170(7) □ d) ancillary relief requested; □ e) statement satisfying DRL §253 or indicating civil marriage makes it inapplicable; ☐ f) opposing party’s military status; ☐ g) statement that no prior judgments or pending actions exist and relief has not been granted in prior action; ☐ h) allegation that both parties are over 18; and ☐ i) names and birth dates of unemancipated children, or that there are no children; □ j) statement that Plaintiff IS or IS NOT seeking spousal maintenance as payee OR prior written agreement addresses spousal maintenance;
1) Statement as to whether oral proof will be offered AND Part 130 certification (all cases).
A summons, or a summons with notice when service occurs without the complaint, must be time-stamped and must state the nature of the action, requested ancillary relief, grounds, and whether spousal maintenance is sought.
Court's wording
2) Summons or Summons with Notice (if served without complaint) (all cases). Summons with Notice must have: (must be time-stamped) □ a) nature of actions stated; Filed: □ b) list of all ancillary relief requested; □ c) grounds (DRL §170); DRL 170(7) □ d) statement that Plaintiff IS or IS NOT seeking spousal maintenance as payee OR prior written agreement addresses spousal maintenance;
5) Verified Counterclaim (only for dual divorces or divorce in favor of defendant – must include items required for complaint - see above). (must be time-stamped)
□ b) enabling court to make the 13 factual findings regarding equitable distribution;
NA 16) County Clerk’s Certificate of Filing Separation Agreement or Decree (whenever conversion divorce is sought) (DRL § 170[6]).
15) Separation Agreement OR Transcript of Oral Stipulation and Affidavit of Appearance and Adoption of Oral Stipulation, plus all modifications by valid marital agreement (whenever they exist).
□ a) establishing everything required to be alleged in complaint - see above (all cases);
12) Copy of Request for Judicial Intervention (all cases). (must be time-stamped)
In minor-child cases proposing deviation from the Child Support Standards Act presumptive amounts and percentages, the testimonial submission must support the ten child-support findings and address the factors substantively; a defaulting defendant must at least allege income or earning capacity.
Court's wording
d) enabling the court to make the child support findings set forth in 22 NYCRR 202.5 (b) - Appendix B modified as appropriate, including 10 factual findings regarding child support (DRL 240[f]) in cases where there are minor child(ren) and child support proposed deviates from the Child Support Standards ===== PAGE 28 ===== Act presumptive amount and percentages (NOTE: Do not just list factors and indicate they were considered); if the Defendant has defaulted, at least an allegation as to defaulting spouse’s income/income earning capacity;
Affidavit of Regularity (CPLR 3012, 3215) explaining how matter is in default or that opposing party has consented in writing (all cases);
□ statement that Notice of Automatic Orders AND Notice of Guideline Maintenance were served on the Defendant or acknowledged by Defendant in Affidavit of Defendant;
19) Testimonial affidavit and/or oral testimony (transcript) for each party taking divorce:
- Document
- Testimonial affidavit or oral testimony
Include
- •For each party taking divorce
A substantially compliant current net-worth statement is required for each divorcing party, with at least one complete statement and specified income attachments; a defaulting party's statement should be provided if possible.
Court's wording
11) Current Net Worth Statement in substantial compliance with 22 NYCRR 202.16 (Appendix A-1) for each party taking divorce, with net worth statement for defaulting party if possible, but minimum is one complete Statement of Net Worth; must have the required attachments (W-2's, 1099's, recent tax return, recent pay stub, other income statement)
13) Copy of Note of Issue and Statement of Readiness (all cases). Filed:
c) enabling court to make the 20 findings regarding maintenance, information for the guidelines calculation and reason(s) for deviation (if applicable); (DRL §236B[5] & [6]); (in all cases where there is no written agreement or oral stipulation specifically resolving these issues); if the Defendant has defaulted, at least an allegation as to defaulting spouse’s income/income earning capacity;
8) DRL § 76-h affidavit (whenever there are minor children, but not necessary if such allegations are contained in the complaint).
17) Proof that any unrepresented party has received a copy of the Child Support Standards Chart (where there are minor child[ren]).
NOTE: If applicable, every agreement or stipulation entered into after September 15, 1989 must have a provision stating that the parties have been advised of the Child Support Standards Act and that the basic child support obligation provided for therein would presumptively result in the correct of child support to be awarded
9) DRL § 253 sworn statement for each party taking divorce, and proof of service on defaulting party (unless ceremony was civil). (ex. if included in complaint and complaint served on Defendant)
18) Proof that any unrepresented party has received a copy of the Notice of Guideline Maintenance (all cases)
14) Applicable Certified Supreme Court and/or Family Court Order(s) (if incorporated by reference).
- Document
- Certified court order
Include
- •If incorporated by reference
10) Attorney fee affidavit (if fees are requested), with description of work, time expended, usual rates for a those doing work, compensation already received, retainer agreement as to fees (22 NYCRR § 202.16).
6) Stipulation or notice of withdrawal (where one party has waived or withdrawn appearance and/or pleading) - signed and notarized
- Document
- Stipulation or notice of withdrawal
Include
- •Signed and notarized
20) Proposed Findings/Decision (if J.S.C. took default testimony) or Referee’s Report of Findings of Fact & Conclusions of Law (if referee took default testimony or will review testimonial affidavits) (all cases).
21) Proposed Judgment/Decree (all cases–see 22 NYCRR 202.50[b]-- Appendix A-2, including:
The findings submission must include the Appendix A-2 findings, as appropriate, concerning maintenance, child support, child care, insurance, uncovered medical expenses, education, and other matters supported by the testimonial allegations.
Court's wording
Include findings as approved by 22 NYCRR 202.50 (b) – Appendix A-2, modified as appropriate, including factual findings as to maintenance, child support, child care, health insurance and payment of cost thereto (if child[ren]), health care expenses not covered by insurance, educational expenses, and the other findings based on the allegations required for testimony or testimonial affidavit (see above).
□ f) providing information to support a finding that the separation agreement/stipulation was fair and reasonable when made and is not now unconscionable (all cases with a separation agreement/stipulation).
□ a) terms setting forth provisions for custody, visitation, child support, child care, education expenses, health insurance and health care expenses not covered by insurance and income deduction order (in all cases where there are such provisions);
□ a) statement that each party (whether represented or unrepresented) has been informed of the Notice of Guideline Maintenance pursuant to DRL §236(B)(6)
□ e) supporting a finding that the custody arrangement proposed is in the child(ren)’s best interests (particularly in split custody situation) if there is no written custody agreement; and
For child support, the submission must address simultaneous issuance of an income-deduction order or income execution, an agreed alternative arrangement, or specific good cause found under DRL § 240(2)(b).
Court's wording
□ b) if child support, a statement that the Court or the Support Collection Unit shall issue an income deduction order or an income execution simultaneously unless the parties have a written agreement for an alternative arrangement OR specified reason(s) that the Court finds to constitute good cause pursuant to DRL § 240(2)(b)
The proposed judgment or decree must provide detailed maintenance terms consistent with one of the stated alternatives and address the payor cap, the Maintenance Guidelines Law, and any adjustment; when child support is also awarded, it must include the quoted maintenance-termination adjustment language.
Court's wording
□ c) terms for maintenance: (i) the terms of maintenance are pursuant to a settlement agreement/stipulation (detailed); OR (ii) the guideline award for maintenance under the Maintenance Guidelines Law was zero OR neither party requested spousal maintenance; OR (iii) detailed maintenance terms, including addressing payor maintenance cap AND whether the award followed the application of the Maintenance Guidelines Law or the Court adjusted the award of maintenance under the Maintenance Guidelines Law as unjust and inappropriate; AND (A) If child support is also awarded, the statement that: “If maintenance is to be paid pursuant to this Judgment of Divorce, then, subject to the terms of DRL 240(1-b), upon termination of the maintenance award, the amount of child support payable shall be adjusted, without prejudice to either party’s right to seek a modification pursuant to DRL 236(B)(9)(2).”
□ b) terms for property division (both separate and marital)
□ d) statement required by 22 NYCRR 202.50 as to whether separation agreement/stipulation is to be incorporated and surviving or merged, or a combination thereof, that both parties are ordered to comply with the terms of the separation agreement/stipulation, and that the court and Family Court retain
For DRL § 170(7), the submission must include the quoted statement that all listed economic and custody/visitation issues were resolved by the parties or court and will be incorporated into the divorce judgment.
Court's wording
□ c) For DRL 170(7): a statement that “all economic issues of equitable distribution of marital property, the payment or waiver of spousal maintenance, the payment of child support, the payment of counsel and experts’ fees/expenses as well as custody/visitation with the minor children of the marriage have been resolved by the parties or determined herein by the Court and shall be incorporated into the judgment of divorce”.
For conclusions of law include that the requirements of DRL §230, 236, 240, 253 and 255 have been met and that the plaintiff/defendant is entitled to a judgment of divorce/separation granting the incidental relief awarded in the judgment.
When only discrete portions of a voluminous referenced document are relevant, excerpts must be attached as exhibits.
Court's wording
If a document referenced in an affidavit or affirmation is voluminous and only discrete portions are relevant to the motion (such as with a deposition transcript), attach excerpts as exhibits and submit the fill exhibit separately.
A Statement of Material Facts is not required; however, the Court may direct the filing thereof pursuant to 22 NYCRR 202.8-g. Statement of Material Facts are discouraged unless directed by the Court.
This statement shall be prepared by the party requesting the preliminary conference and submitted – on notice to the opposing party or parties - concurrently with the RJI for cases already assigned to Justice Cariola, or within seven (7) days of notification from chambers that the case has been assigned to Justice Cariola and the conference has been scheduled.
The opposing party or parties shall complete the relevant information below not already completed and submit at least two (2) days in advance of the scheduled conference.
Any objections thereto shall be made in writing no later than seven (7) calendar days prior to the Pretrial Conference scheduled herein, or will be deemed waived.
No later than fifteen (15) calendar days prior to the Pretrial Conference scheduled herein each party shall submit a memorandum of law that addresses each question of law or unique evidentiary issue the party expects to arise at trial.
- Document
- Memorandum of law
Must include
- •Legal argument
Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide the Court and opposing counsel with written paragraph-specific references to Pattern Jury Instructions that said party requests be provided by the Court to the jury.
(if the matter is upon consent, need Affidavit of Defendant or stipulation) (the Affidavit of Regularity should be dated on or after the Affidavit of Defendant or Stipulation).
Supplemental Proposed Verdict Sheets may be permitted based on unanticipated developments or testimony at trial.
To the extent possible, parties are encouraged to rely on Pattern Jury Instructions as opposed to writing their own instructions.
Filing & Service rules
Electronic Filing Rules
Formal correspondence to the Court in e-filed cases must be filed electronically.
In e-filed cases, all formal correspondence to the Court (e.g., letters to the Court) shall be e-filed.
Page 2 | I. Appearances and communication by Counsel
Counsel must register their appearance and provide current contact information in NYSCEF in e-filed cases.
In e-filed cases, all counsel must register their appearance in the case in the New York State Courts Electronic Filing (NYSCEF) system and provide up-to- date contact information in NYSCEF.
Page 2 | I. Appearances and communication by Counsel
Counsel must immediately notify the Court when their contact information changes.
Counsel shall notify the Court immediately should their contact information change.
Page 2 | I. Appearances and communication by Counsel
The Case Information Statement must not be electronically filed and instead must be emailed to jpalmesa@nycourts.gov.
DO NOT e-file the statement; please email to jpalmesa@nycourts.gov.
Page 11 | Case Information Statement
A stipulation of discontinuance may be filed with the Clerk or submitted through electronic filing.
Should the case end with a stipulation of discontinuance, such stipulation must be filed with the Clerk (or e-filed) within 60 days of the notification to the Court that the case has settled or been discontinued.
Page 9 | VII. Case Disposition
Filing Timing and Cure Windows
A stipulation of discontinuance must be filed with the Clerk or electronically within 60 days after notice to the Court that the case has settled or been discontinued; the Court will provide a control date.
Should the case end with a stipulation of discontinuance, such stipulation must be filed with the Clerk (or e-filed) within 60 days of the notification to the Court that the case has settled or been discontinued. The Court will provide a control date by which the stipulation shall be filed.
Page 9 | VII. Case Disposition
If the parties do not comply with the discontinuance-filing requirement, the Court may order them to file a stipulation of discontinuance within 14 days, and violation of that order may result in sanctions.
Failure to comply with this provision will lead to the Court issuing an order directing the parties to file a stipulation of discontinuance within fourteen (14) days of the issuance of the order. Violation of that order may lead to the imposition of sanctions.
Page 9 | VII. Case Disposition
All other witnesses must be disclosed to the court and opposing counsel at least 10 calendar days before the pretrial conference.
All other witnesses shall be disclosed to the Court and opposing counsel at least ten (10) calendar days prior to the Pretrial Conference scheduled herein.
Page 15 | II. Pretrial Conferences
Responses and objections to motions in limine must be submitted 7 calendar days before the pretrial conference or they are waived.
Responses and objections thereto shall be submitted seven (7) calendar days prior to the Pretrial Conference scheduled herein, or will be deemed waived.
Page 15 | II. Pretrial Conferences
Each party must provide paragraph-specific references to requested pattern jury instructions 10 calendar days before the pretrial conference.
Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide the Court and opposing counsel with written paragraph-specific references to Pattern Jury Instructions that said party requests be provided by the Court to the jury.
Page 15 | II. Pretrial Conferences
Objections to proposed jury verdict sheets must be written and submitted no later than 7 calendar days before the pretrial conference or they are waived.
Any objections thereto shall be made in writing no later than seven (7) calendar days prior to the Pretrial Conference scheduled herein, or will be deemed waived.
Page 15 | II. Pretrial Conferences
Each party must submit any motions in limine and an accompanying memorandum addressing anticipated legal or unique evidentiary issues 10 calendar days before the pretrial conference.
Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall submit any motions in limine and a memorandum that addresses each question of law or unique evidentiary issue that the party expects to arise at trial.
Page 15 | II. Pretrial Conferences
Each party must provide written proposed jury verdict sheets to the court and opposing counsel 10 calendar days before the pretrial conference in hard copy and by email in MS Word or WordPerfect format.
Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide written Proposed Jury Verdict Sheets to the Court and opposing counsel in both hard copy form and via electronic mail to jpalmesa@nycourts.gov in MS Word or Wordperfect format.
Page 15 | II. Pretrial Conferences
Unless previously disclosed under the scheduling order, plaintiffs must disclose expert witnesses 45 calendar days and defendants 30 calendar days before the pretrial conference.
If not disclosed previously pursuant to the Court’s Scheduling Order, expert witnesses shall be disclosed by Plaintiff(s) forty-five (45) calendar days prior to the Pretrial Conference scheduled herein and by Defendant(s) thirty (30) calendar days prior to the Pretrial Conference scheduled herein.
Page 15 | II. Pretrial Conferences
Each party must provide the court with proposed video-recorded testimony and a transcript 10 calendar days before the pretrial conference.
Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide the Court with a copy of any proposed video-recorded testimony along with a transcript thereof.
Page 16 | II. Pretrial Conferences
Objections to deposition designations must be written and provided to the court and opposing counsel no later than 7 calendar days before the pretrial conference or they are waived.
Any objections thereto shall be made in writing and provided to the Court and opposing counsel no later than seven (7) calendar days prior to the Pretrial Conference scheduled herein, or will be deemed waived.
Page 16 | II. Pretrial Conferences
The parties must provide a list of all proposed marked exhibits to the court and opposing counsel 10 calendar days before the pretrial conference.
Ten (10) calendar days prior to the Pretrial Conference scheduled herein the parties shall provide a list of all proposed marked exhibits to the Court and opposing counsel.
Page 16 | II. Pretrial Conferences
Each party must provide deposition designations for proposed testimony 10 calendar days before the pretrial conference.
Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide the Court and opposing counsel with Deposition Designations for any proposed testimony to be read pursuant to CPLR § 3117.
Page 16 | II. Pretrial Conferences
Plaintiffs must deliver proposed witness dates and times to the court and opposing counsel 5 days before jury selection, and defendants 3 days before jury selection.
In addition, Plaintiff shall deliver a list with proposed dates and times for witness testimony to the Court with copy to opposing counsel five (5) calendar days prior to the commencement of jury selection and Defendant shall do the same three (3) calendar days prior to the commencement of jury selection.
Page 16 | II. Pretrial Conferences
A standard case must be resolved or have a Note of Issue filed within 12 months after the RJI is filed.
A standard case will either be resolved, or a Note of Issue filed within 12 months of filing an RJI, 8 months for a qualified “expedited” case, or 15 months for a “complex” case; all cases must be disposed of within 15 months of filing the Note of Issue.
Page 4 | III. Discovery
Responses and objections to motions in limine must be submitted no later than ten calendar days before the pretrial conference.
Responses and objections thereto shall be submitted no later than ten (10) calendar days prior to the Pretrial Conference scheduled herein.
Page 21 | Motions in Limine and Memorandum of Law
Any request to adjust these time frames should be made to the Court in writing within thirty (30) calendar days of the issuance of this Order.
Any request to adjust these time frames should be made to the Court in writing within thirty (30) calendar days of the issuance of this Order.
Page 21 | Motions in Limine and Memorandum of Law
Each party must submit all motions in limine no later than fifteen calendar days before the pretrial conference.
No later than fifteen (15) calendar days prior to the Pretrial Conference scheduled herein each party shall submit any and all motions in limine.
Page 21 | Motions in Limine and Memorandum of Law
Unless previously disclosed under the Scheduling Order, Plaintiff must disclose expert witnesses ninety calendar days before the pretrial conference and Defendant must disclose them sixty calendar days before it.
If not disclosed previously pursuant to the Court’s Scheduling Order, expert witnesses shall be disclosed by Plaintiff(s) no later than ninety (90) calendar days prior to the Pretrial Conference scheduled herein and by Defendant(s) no later than sixty (60) calendar days prior to the Pretrial Conference scheduled herein.
Page 21 | Witnesses
Each party must provide the Court with proposed video-recorded testimony and, if possible, its transcript ten calendar days before the pretrial conference.
Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide the Court with a copy of any proposed video-recorded testimony and transcript thereof if possible.
Page 22 | Video-Recorded Testimony
Plaintiff must deliver the proposed witness-testimony schedule five calendar days before jury selection, and Defendant must deliver it three calendar days before jury selection.
In addition, Plaintiff shall deliver a list with proposed dates and times for witness testimony to the Court with copy to opposing counsel five (5) calendar days prior to the commencement of jury selection and Defendant shall do the same three (3) calendar days prior to the commencement of jury selection.
Page 22 | Witnesses
The parties must provide the Court and opposing counsel with a list of all proposed marked exhibits ten calendar days before the pretrial conference, using exhibit numbers 1–499 for Plaintiff and 500–1000 for Defendant.
Ten (10) calendar days prior to the Pretrial Conference scheduled herein the parties shall provide a list of all proposed marked exhibits (numbers1-499 for plaintiff; numbers 500-1000 for defendant) to the Court and opposing counsel.
Page 22 | Exhibits
Service and Proof of Service Rules
Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide written Proposed Jury Verdict Sheets to the Court and opposing counsel in both hard copy form and via electronic mail to jpalmesa@nycourts.gov in MS Word or Wordperfect format.
Ten (10) calendar days prior to the Pretrial Conference scheduled herein, each party shall provide written Proposed Jury Verdict Sheets to the Court and opposing counsel in both hard copy form and via electronic mail to jpalmesa@nycourts.gov in MS Word or Wordperfect format.
Page 15 | II. Pretrial Conferences
Proof of service on the defaulting party is required with the DRL § 253 sworn statement unless the ceremony was civil.
9) DRL § 253 sworn statement for each party taking divorce, and proof of service on defaulting party (unless ceremony was civil).
Page 27
Courtesy Copy Requirements
In non-efiled cases, parties must provide the Court with copies of their pleadings at least 48 hours before the first scheduled conference, and copies may be sent to the two listed email addresses.
For non-efiled cases, parties appearing at the first scheduled conference shall provide the Court copies of their pleadings forty-eight (48) hours prior to the scheduled conference. Copies of pleadings may be sent to cseppele@nycourts.gov and jpalmesa@nycourts.gov.
Page 3 | II. Pretrial Conferences
Courtesy paper copies to the Court and email copies to chambers staff are not required for e-filed formal correspondence.
There is no need to send courtesy paper copies to the Court or email copies to chambers’ staff.
Page 2 | I. Appearances and communication by Counsel
Sealing & Redaction Procedures
Confidential personal information must be redacted from motion papers, or the papers will be returned.
Confidential Personal Information must be redacted or the motion papers will be returned.
Page 6 | IV. Motion Practice — A. General Procedures
The required redactions include Social Security numbers, birth dates, infant names in attached medical records or reports, and account numbers in financial cases.
This includes SSN, dates of birth, and names of infants contained in the attached medical records or reports, and account numbers in financial cases.
Page 6 | IV. Motion Practice — A. General Procedures
Pre-Motion Conference Requirements
After unsuccessful good-faith efforts to resolve a discovery dispute, the party seeking disclosure is encouraged to schedule a conference before filing a motion to compel discovery or for sanctions.
If, after good faith efforts, the parties are unable to resolve the dispute, the party seeking disclosure is encouraged to schedule a pretrial conference with the Court prior to bringing a motion to compel discovery or for sanctions.
Page 4 | III. Discovery
Motions to renew or reargue and motions for pro hoc vice admissions are decided on submissions only.
Motions to renew/reargue and motions for pro hoc vice admissions are done on submissions only.
Page 6 | B. Summary Judgment Motions — Footnote 6
Motions are generally decided on submission, but a party may request oral argument by giving notice to all parties and submitting a letter or law-clerk email explaining the need; if granted, the case is calendared for special term.
Motions are generally heard on submission. Parties may request oral argument of the motion.6 Parties requesting oral argument shall submit a letter to the Court (or an email to the law clerk), on notice to all parties, outlining the need for oral argument. If oral argument is granted, the case will be calendared for oral argument during special term.
Page 6 | IV. Motion Practice — A. General Procedures
Adjournment & Extension Requirements
An adjournment request must be given to all parties, and the court retains discretion over whether to grant it.
Requests for adjournment of the conference must be made on notice to all parties. Adjournment of scheduled conferences is in the discretion of the court.
Page 3 | II. Pretrial Conferences
Should a party fail to appear, it is incumbent upon said party to reschedule the conference.
Should a party fail to appear, it is incumbent upon said party to reschedule the conference.
Page 4 | II. Pretrial Conferences
Requests to adjourn a motion must comply with 22 NYCRR § 202.8(e).
Requests to adjourn a motion shall comply with 22 NYCRR § 202.8(e).
Page 6 | IV. Motion Practice — A. General Procedures
A day-certain trial date may not be adjourned or postponed without the Court's written consent.
When a matter has been set for trial pursuant to a Trial Order, it is a day certain and will not be adjourned or postponed without the written consent of the Court.
Page 14 | Trial Order
Counsel who fails to attend a conference without good cause may be sanctioned under the cited rules.
The failure of counsel to attend the conference without a showing of good cause may result in the issuance of sanctions pursuant to 22 NYCRR §§ 130-2.1 and 202.27.
Page 3 | II. Pretrial Conferences
Chambers Communication Rules
Sending faxes to the Court is prohibited.
Do not send faxes to the Court.
Page 2 | I. Appearances and communication by Counsel
Email communication directly with the Court is prohibited.
E-mail communication with the Court is not permitted.
Page 2 | I. Appearances and communication by Counsel
Settlement submissions must be emailed to the law clerk and are limited to five pages, excluding submitted exhibits.
Submissions shall be no longer than five (5) pages, exclusive of any submitted exhibits, and shall be emailed to the law clerk at cseppele@nycourts.gov.
Page 8 | V. Settlement Conferences
Counsel must immediately notify the Court Clerk of any desire to remove a juror for cause.
Therefore, if you desire to remove a juror “for cause,” you MUST immediately bring that to the Court Clerk’s attention.
Page 18 | JURY SELECTION PROCESS ORDER
Counsel may email the law clerk or secretary on a limited, as-needed basis.
Counsel is free to communicate by email with the law clerk and secretary on a limited and as needed basis.
Page 2 | I. Appearances and communication by Counsel
All parties must be copied on law-clerk or secretary emails except for permissible ex parte communications.
With the exception of permissible ex parte matters, all parties must be included in email communications with the law clerk or secretary.
Page 2 | I. Appearances and communication by Counsel
Courtroom technology requests must be submitted in writing by email to jpalmesa@nycourts.gov at least ten calendar days before the Pretrial Conference, and untimely requests will not be accepted.
Ten (10) calendar days prior to the Pretrial Conference scheduled herein requests for any courtroom technology provided by the court system shall be made in writing via e-mail to jpalmesa@nycourts.gov. No untimely technology requests will be accepted.
Page 23 | II. Pretrial Conferences
Simple scheduling requests and brief preference inquiries may be submitted by email.
Simple requests, such as scheduling adjustments, or brief inquiries as to the Court’s preference, may be made via email or telephone.
Page 2 | I. Appearances and communication by Counsel
Parties should request a conference preferably by email to the law clerk and secretary, copying all parties.
request a conference, preferably by email to the law clerk and secretary, copying in all parties.
Page 3 | II. Pretrial Conferences
Parties should contact chambers to request a settlement conference date.
Should the parties wish to conduct a settlement conference, please contact chambers to request a conference date.
Page 7 | V. Settlement Conferences
The Case Information Statement is submitted by email to the identified court email address rather than by e-filing.
DO NOT e-file the statement; please email to jpalmesa@nycourts.gov.
Page 11 | Case Information Statement
If an attorney feels that they need a few more minutes, please notify the Court Clerk so that she/he can call the Judge to advise.
If an attorney feels that they need a few more minutes, please notify the Court Clerk so that she/he can call the Judge to advise.
Page 18 | JURY SELECTION PROCESS ORDER
After the jury is sworn, the Court Clerk must call Chambers, which will then advise when trial will begin.
The Court Clerk will call Chambers after the jury is sworn, and Chambers will advise as to when the trial will commence.
Page 18 | JURY SELECTION PROCESS ORDER