Judge Linda M. Capitti
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Stipulations to Be So Ordered, Subpoenas for Signature, Proposed Orders and Judgments for Signature
Proposed Order
Court-wide
Adjournments
- Adjournment requests must be made at least three (3) days before a conference or motion return date, or two (2) weeks before a hearing or trial.
Communication
Chambers
Phone
Court-widePhone
Court-wideClerk
Phone
Court-wideClerk
Document Format Requirements1 rule
25. Counsel and parties must utilize Bates numbering and stamping in the production of documents. The Compliance Conference and Status Conference Orders require the identification of Bates numbers.
Document Filing Requirements5 rules
If an adjournment request is granted, counsel must upload a stipulation to the New York State Courts Electronic Filing system (“NYSCEF”) listing four (4) dates and times that all counsel and parties are available.
All motions must be made by Order to Show Cause and indicate the respective motion sequence number on the first page.
Motions made by Notice of Motion will not be considered.
A hard copy of the proposed preliminary conference order signed by the parties and counsel must be provided to the court on the preliminary conference date.
At least one (1) day before the preliminary conference, counsel or parties must upload to NYSCEF: (i) a completed and signed matrimonial preliminary conference order; (ii) statements of net worth; and (iii) a child support worksheet and proposed parenting plan (if applicable).
Filing & Service rules
Electronic Filing Rules
All trial exhibits must be brought to court on the trial date and uploaded to NYSCEF.
24. Hard copies of all trial exhibits shall be brought to the court on the date of trial, as well as uploaded to NYSCEF.
Page 3 | VI. PRE-TRIAL CONFERENCES & TRIALS
Stipulations to be so ordered, subpoenas for signature, and proposed orders and judgments for signature must be filed through NYSCEF.
27. The following documents requiring the court’s attention must be filed to NYSCEF: (i) stipulations to be so ordered; (ii) subpoenas for signature; and (iii) proposed orders and judgments for signature.
Page 3 | VII. ELECTRONIC FILING (NYSCEF)
The court strongly encourages contested matrimonial cases to be e-filed through NYSCEF.
28. The court strongly encourages contested matrimonial cases to be e-filed on NYSCEF.
Page 3 | VII. ELECTRONIC FILING (NYSCEF)
Courtesy Copy Requirements
A courtesy copy of the stipulation must be emailed to the Principal Court Attorney, Assistant Law Clerk, and Part 9.
A courtesy copy of the stipulation shall also be emailed to the Principal Court Attorney, Assistant Law Clerk, and Part 9.
Page 1 | II. ADJOURNMENTS
Courtesy copies of the specified NYSCEF-filed documents must be emailed to the Principal Court Attorney, Assistant Law Clerk, and Part 9.
27. The following documents requiring the court’s attention must be filed to NYSCEF: (i) stipulations to be so ordered; (ii) subpoenas for signature; and (iii) proposed orders and judgments for signature. Courtesy copies must be sent to the Principal Court Attorney, Assistant Law Clerk, and Part 9 via email.
Page 3 | VII. ELECTRONIC FILING (NYSCEF)
Pre-Motion Conference Requirements
When good-faith efforts to resolve an issue are unsuccessful, counsel must request a pre-motion conference by letter sent to the Principal Court Attorney and Assistant Law Clerk and uploaded to NYSCEF, and the letter must describe those efforts.
To reduce the need for motion practice, where good faith efforts to resolve an issue are unsuccessful, counsel shall request, by letter directed to the Principal Court Attorney and Assistant Law Clerk and uploaded to NYSCEF, a pre-motion conference to allow the court the opportunity to resolve the issue before a motion is made. The letter must specify what good faith efforts were made to resolve the issue.
Page 2 | V. MOTIONS
Adjournment & Extension Requirements
Every adjournment requires the court’s prior approval.
All adjournments require prior approval of the court.
Page 1 | II. ADJOURNMENTS
Adjournment requests must be made at least three (3) days before a conference or motion return date, or two (2) weeks before a hearing or trial.
Adjournment requests must be made at least three (3) days before a conference or motion return date, or two (2) weeks before a hearing or trial.
Page 1 | II. ADJOURNMENTS
Chambers Communication Rules
Adjournment requests must be submitted by email to the identified court staff, all counsel, and any pro se parties.
Adjournment requests must be submitted via email to the Principal Court Attorney, Assistant Law Clerk, Part 9, all counsel, and any pro se parties.
Page 1 | II. ADJOURNMENTS
Every email to the court must include all counsel and any pro se parties as recipients.
All emails to the court must include all counsel and any pro se parties as recipients.
Page 2 | III. COMMUNICATIONS
Every email to the court must include the case caption and index number in its subject line.
All emails to the court must state both the caption and index number of the relevant case in the email’s subject line.
Page 2 | III. COMMUNICATIONS
Ex parte communications with the court are prohibited and will not be reviewed or considered.
Ex parte communications with the court are strictly prohibited and will not be reviewed or considered.
Page 2 | III. COMMUNICATIONS
Except for adjournment requests, correspondence with the court and chambers must be by letter filed through NYSCEF, not email.
Litigation by email is strictly prohibited. All correspondence with the court and chambers, excluding adjournment requests, shall be by letter filed to NYSCEF.
Page 2 | III. COMMUNICATIONS
The Principal Court Attorney and Assistant Law Clerk may be emailed in emergency circumstances.
Emails to the Principal Court Attorney and Assistant Law Clerk are permitted in emergency circumstances.
Page 2 | III. COMMUNICATIONS
General inquiries other than adjournment requests must be emailed to the Part Clerk.
General inquiries, excluding adjournment requests, shall be directed to the Part Clerk via email.
Page 2 | III. COMMUNICATIONS
Questions regarding NYSCEF should be directed to the NYSCEF Resource Center by email or phone.
30. All questions regarding NYSCEF should be addressed to the NYSCEF Resource Center at nyscef@nycourts.gov or (646) 386-3033.
Page 3 | VII. ELECTRONIC FILING (NYSCEF)
Requests for virtual conferences with the Principal Court Attorney or Assistant Law Clerk must be emailed to the Principal Court Attorney, Assistant Law Clerk, and Part 9, with all counsel and any pro se parties included as recipients.
31. All conferences with the Principal Court Attorney and/or Assistant Law Clerk are conducted virtually and may be held at the discretion of the court and/or upon request of counsel or parties via email addressed to the Principal Court Attorney, Assistant Law Clerk, and Part 9, with all counsel and any pro se parties included as recipients.
Page 4 | VIII. VIRTUAL APPEARANCES