Judge Yael Wilkofsky
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Discovery Motions
Stipulations to Be So Ordered, Subpoenas for Signature, Proposed Orders and Judgments for Signature
- Upon Filing
Proposed Order
Court-wide
Adjournments
- An adjournment requires prior court approval and a joint email request made at least two days in advance that includes the basis for the request and three proposed dates and times acceptable to all sides, with an affidavit of actual engagement where applicable.
- A motion will be dismissed without prejudice if the movant fails to appear on the return date, unless the Court granted an adjournment beforehand.
- When requesting an adjournment of a briefing schedule or return date, counsel or the parties must first agree on proposed times and then promptly email the Principal Law Clerk.
Request must include
Communication
Clerk3 contacts
Other Contacts3 contacts
Chambers2 contacts
Page & Word Limits3 rules
A short statement no more than two pages in length setting forth the rationale for their position.
- Settlement position statement
- Up to 2 pages
Affidavits, Affirmations and Memoranda of Law shall NOT exceed 25 pages double-spaced, exclusive of the table of contents and table of authorities.
- Page limit
- Up to 25 pages
- Format
- Double-spaced
- Affidavit
- Affirmation
- Memorandum of law
Excluded from page count
- •Table of contents
- •Table of authorities
If the Court requests a post-trial memorandum, it may not exceed 15 pages.
- Post-trial memorandum
- Up to 15 pages
Court's wording
At the conclusion of the trial, counsel or the parties are to submit proposed Findings of Fact and Conclusions of Law, un updated spreadsheet listing each item of marital property with their values and proposed distribution, as established at trial, and, if requested by the Court, a post-trial memorandum of no more than 15 pages in length.
Document Format Requirements3 rules
At the PC, the following documents must be submitted: ▪ Hard copies of the sworn Statements of Net Worth; ▪ Hard copy of the signed PC Order ▪ The parties’ most recently filed state and federal income tax returns; ▪ Each party’s two most recent paycheck stubs.
- File type
- Paper
- Preliminary conference order
- Income tax return
- Paycheck stub
Do not file CDs, DVDs, flash drives or any other electronic device as part of any motion.
for non-NYSCEF cases, the exhibits should be marked by tabs
Document Filing Requirements20 rules
All Qualified Domestic Relations Orders not submitted with the JOD must be submitted within 45 days of the signing of the JOD and must be accompanied by written plan of approval.
- Document
- Qualified domestic relations order
Must include
- •Written plan of approval
Child support worksheet and proposed parenting plan, where applicable.
Completed and signed Matrimonial PC Order (if the parties cannot agree on the terms in the PC Order, the parties are directed to bring hard copies of proposed PC Orders);
- Document
- Preliminary conference order
Include
- •Completed and signed Matrimonial PC Order
If the trial concerns the issue of custody ONLY and involves no financial issues, the parties shall upload to NYSCEF and e-mail a courtesy copy of a proposed parenting plan instead of a statement of proposed disposition and an updated Statement of Net Worth is not required.
An updated Statement of Net Worth; A list of all marital property and proposed distribution; A proposed custody and parenting time plan, where applicable; and A short statement no more than two pages in length setting forth the rationale for their position.
At least one (1) week before the PTC, counsel or parties shall exchange and file, via NYSCEF, the following documents: A statement of proposed disposition; Child support worksheet, if applicable; Updated Statements of Net Worth; Any expert reports not previously exchanged; A proposed parenting plan, where custody is at issue; Most recently filed tax returns; A witness list, with a meaningful offer of proof for each witness; Marked pleadings and any pre-trial memoranda; A list of documents which counsel may stipulate into evidence (documents to be pre-marked as exhibits); and Proof of filing of the Note of Issue.
Ex-parte applications for orders of protection must be accompanied by the Family Protection Registry Information Sheet and the litigant must be present.
Motions to consolidate family offense proceedings pending in the Family Court must include a complete copy of the relevant pleadings and orders (with relevant docket numbers).
All motions SHALL be brought by Order to Show Cause (OSC). Motions made by Notice of Motion will not be considered.
Every motion-related submission must include an attorney or self-represented party's certification stating either that no generative AI was used or that all generated material was reviewed and approved.
- Document
- Motion submission
- Placement
- Certificate section
Must include
- •AI disclosure
Court's wording
All submissions with respect to a motion must included a certification by an attorney, or self- represented party, either that no generative artificial intelligence program was used in the drafting of any affidavit, affirmation or memorandum of law contained within the submission, or that a generative artificial intelligence program was used but that all generated text, including citations, quotations and legal analysis was reviewed for accuracy and approved by an attorney, or the self- represented party.
An AI-use certification must identify the program, the documents containing generated material, and the portions drafted by the program.
- Document
- AI certification
Must include
- •AI disclosure
Court's wording
If the certification states that a generative artificial intelligence program was used, the program must be identified and the documents which include matter generated by the program must be specified along with which parts of the documents were drafted by the program.
Any section of the PC Order that is inapplicable to the matter must include “N/A.”
In filling out the PC Order, wherever possible, dates certain, such as “by/on December 31, 2025” shall be used.
Attorneys for children may file a proposed parenting plan if they wish to do so, and shall also exchange and file witness and exhibit lists.
Prior to the PTC, the parties shall attempt to execute a stipulation as to: The authenticity and admissibility of exhibits; and ===== PAGE 4 ===== Undisputed facts.
The proposed Compliance Conference Order should address any outstanding discovery issues and the failure to do so may be deemed a waiver of same.
table of contents, which should contain a list of each exhibit attached to the motion and, for non-NYSCEF cases, the exhibits should be marked by tabs;
- Document
- Motion
Should include
- •Table of contents
Motion papers should include: o the motion sequence number and return date of the motion on the first page of each submission;
- Document
- Motion
- Placement
- First page
One certification pertaining to a party’s submission comprised of several such documents shall suffice.
- Document
- Motion submission
- Placement
- Certificate section
Filing & Service rules
Electronic Filing Rules
Counsel must upload the listed preliminary-conference documents to NYSCEF at least two days before the conference.
At least two (2) days prior to the PC, counsel must upload to NYSCEF the following documents:
Page 2 | CONFERENCES
Except for adjournment, interpreter, and virtual-appearance requests, litigation correspondence must be submitted as a letter through NYSCEF rather than by email.
Litigation by e-mail is strictly prohibited. All correspondence with the Court, excluding adjournment, interpreter and virtual appearance requests, must be in letter form and filed to NYSCEF, with a courtesy copy sent to the Principal Law Clerk and the Assistant Law Clerk.
Page 2 | COMMUNICATION
For a discovery motion, the parties must upload a prepared materials-sought log to NYSCEF and send a courtesy copy.
Counsel and/or the parties shall upload to NYSCEF and send a courtesy copy of a prepared log specifically delineating the materials sought.
Page 5 | MOTIONS
All trial exhibits must be brought to the court as hard copies on the trial date and uploaded to NYSCEF.
Hard copies of all trial exhibits shall be brought to the Court on the date of trial as well as uploaded to NYSCEF.
Page 5 | TRIALS & HEARINGS
Stipulations to be so-ordered, subpoenas for signature, and proposed orders or judgments for signature must be filed on NYSCEF with courtesy copies to the specified recipients.
The following documents requiring the Court’s attention must be filed to NYSCEF, with courtesy copies sent to the Principal Law Clerk, the Assistant Law Clerk and the Part 51 e-mail: o Stipulations to be so-ordered; o Subpoenas for signature; o Proposed Orders and Judgments for signature.
Page 6 | ELECTRONIC FILING (NYSCEF)
In all non-NYSCEF cases, parties must file papers requiring filing with the appropriate listed office at 60 Centre Street and e-mail courtesy copies to the specified clerks and Part 51 address, copying all sides.
For all non-NYSCEF cases, papers requiring filing must be filed with either the Ex Parte office, Matrimonial Support office, County Clerk or Part 51 clerk (as appropriate) at 60 Centre Street, NY, NY 10007, with a courtesy copy sent by e-mail to the Principal Law Clerk, Assistant Law Clerk and the Part 51 e-mail, copying all sides.
Page 6 | ELECTRONIC FILING (NYSCEF)
A paper case is converted to an e-filing case by completing the referenced form.
To convert a paper case to an e-file case, please fill out the form located here.
Page 6 | ELECTRONIC FILING (NYSCEF)
If a paper case is converted to an e-file case, only documents filed after the conversion are accessible on NYSCEF. Accordingly, early conversions, ideally before the PC, are encouraged.
If a paper case is converted to an e-file case, only documents filed after the conversion are accessible on NYSCEF. Accordingly, early conversions, ideally before the PC, are encouraged.
Page 6 | ELECTRONIC FILING (NYSCEF)
E-filing contested matrimonial cases on NYSCEF is strongly encouraged but not required by this statement.
The Court strongly encourages contested matrimonial cases to be e-filed on NYSCEF.
Page 6 | ELECTRONIC FILING (NYSCEF)
Filing Timing and Cure Windows
A Qualified Domestic Relations Order not submitted with the Judgment of Divorce must be submitted within 45 days after the JOD is signed and must include a written plan of approval.
All Qualified Domestic Relations Orders not submitted with the JOD must be submitted within 45 days of the signing of the JOD and must be accompanied by written plan of approval.
Page 1 | GENERAL RULES
A Judgment of Divorce must be submitted within 60 days or the action may be deemed abandoned and dismissed.
All Judgments of Divorce (JOD) must be submitted within 60 days or the action may be deemed abandoned and dismissed.
Page 1 | GENERAL RULES
The preliminary-conference filing deadline is at least two days before the conference.
At least two (2) days prior to the PC, counsel must upload to NYSCEF the following documents:
Page 2 | CONFERENCES
All discovery must be completed before the final Status Conference.
All discovery shall be completed before the final StC.
Page 3 | CONFERENCES
The parties must upload a jointly completed proposed Compliance Conference Order through NYSCEF at least one day before the Compliance Conference.
At least one (1) day prior to the CC, the parties are to upload a jointly completed proposed Compliance Conference Order to be so-ordered by the Court.
Page 3 | CONFERENCES
At least two days before the Settlement Conference, each party must email the specified settlement materials to the Principal Law Clerk, Assistant Law Clerk, and Part 51 email.
At least two (2) days prior to the SC, each party shall e-mail to the Principal Law Clerk, the Assistant Law Clerk and the Part 51 e-mail, the following:
Page 3 | CONFERENCES
Counsel or parties must exchange and file the listed Pre-Trial Conference documents through NYSCEF at least one week before the conference.
At least one (1) week before the PTC, counsel or parties shall exchange and file, via NYSCEF, the following documents:
Page 3 | CONFERENCES
A Note of Issue must be filed before the Pre-Trial Conference.
A Note of Issue shall be filed prior to the PTC.
Page 3 | CONFERENCES
Absent a court order changing the schedule, the Court will reject papers submitted after the briefing deadline.
Failure to comply with the briefing schedule, absent a court order, shall result in any untimely papers being rejected by the Court.
Page 4 | MOTIONS
All pretrial motions, including motions in limine, must be filed by Order to Show Cause at least three weeks before the Pre-Trial Conference so they may be made returnable at that conference.
Any pre-trial motions, including motions in limine, shall be filed by Order to Show Cause at least three (3) weeks prior to the PTC so that they can be made returnable at the PTC.
Page 4 | CONFERENCES
All pre-trial motions, including motions in limine, must be filed at least three weeks before the PTC so they can be made returnable at that conference.
Any pre-trial motions, including motions in limine, shall be filed by OSC at least three (3) weeks prior to the PTC so that they can be made returnable at the PTC.
Page 5 | MOTIONS
Service and Proof of Service Rules
The movant must send all parties or counsel an unsigned copy of the OSC and a letter stating the date, time, and location of the interim-relief hearing.
The movant must then forward a copy of the unsigned OSC to all parties or their counsel, together with a letter notifying them of the date, time and location that the parties will be heard on the request for interim relief.
Page 4 | MOTIONS
Courtesy Copy Requirements
A courtesy copy of every document uploaded to NYSCEF must be emailed to both the Principal Law Clerk and Assistant Law Clerk because uploading alone does not notify Chambers.
IMPORTANT: Chambers does NOT receive notice when documents are uploaded to NYSCEF; you MUST send a courtesy copy of the document to Chambers by e-mailing both the Principal Law Clerk and the Assistant Law Clerk.
Page 1 | GENERAL RULES
Litigation by e-mail is strictly prohibited. All correspondence with the Court, excluding adjournment, interpreter and virtual appearance requests, must be in letter form and filed to NYSCEF, with a courtesy copy sent to the Principal Law Clerk and the Assistant Law Clerk.
Litigation by e-mail is strictly prohibited. All correspondence with the Court, excluding adjournment, interpreter and virtual appearance requests, must be in letter form and filed to NYSCEF, with a courtesy copy sent to the Principal Law Clerk and the Assistant Law Clerk.
Page 2 | COMMUNICATION
A courtesy copy of the prepared discovery materials-sought log must be sent.
Counsel and/or the parties shall upload to NYSCEF and send a courtesy copy of a prepared log specifically delineating the materials sought.
Page 5 | MOTIONS
A non-NYSCEF filing must include courtesy copies emailed to the Principal Law Clerk, Assistant Law Clerk, Part 51 e-mail, and all sides.
For all non-NYSCEF cases, papers requiring filing must be filed with either the Ex Parte office, Matrimonial Support office, County Clerk or Part 51 clerk (as appropriate) at 60 Centre Street, NY, NY 10007, with a courtesy copy sent by e-mail to the Principal Law Clerk, Assistant Law Clerk and the Part 51 e-mail, copying all sides.
Page 6 | ELECTRONIC FILING (NYSCEF)
Courtesy copies of court-attention filings submitted to NYSCEF must be sent to the Principal Law Clerk, Assistant Law Clerk, and Part 51 e-mail.
The following documents requiring the Court’s attention must be filed to NYSCEF, with courtesy copies sent to the Principal Law Clerk, the Assistant Law Clerk and the Part 51 e-mail: o Stipulations to be so-ordered; o Subpoenas for signature; o Proposed Orders and Judgments for signature.
Page 6 | ELECTRONIC FILING (NYSCEF)
Counsel are encouraged to request a virtual conference by letter uploaded to NYSCEF, with courtesy copies sent to the Principal Law Clerk, Assistant Law Clerk, and Part 51 email.
To reduce the need for motion practice, counsel are encouraged to contact the Court by letter, uploaded to NYSCEF and with a courtesy copy sent to the Principal Law Clerk, the Assistant Law Clerk and the Part 51 e-mail, requesting a virtual conference.
Page 4 | MOTIONS
Filing Bundling Requirements
Custody or visitation motions must be filed separately from motions concerning financial issues.
Motions regarding custody and/or visitation are to be filed separately from motions regarding financial issues.
Page 4 | MOTIONS
Pre-Motion Conference Requirements
A request for pendente lite relief will be addressed only at the preliminary conference and must be accompanied by a motion.
Any request for pendente lite relief will only be addressed at the PC with an accompanying motion.
Page 2 | CONFERENCES
Before presenting an OSC seeking a temporary restraining order or other interim relief, the movant must contact the Part Clerk to obtain a date and time, except for ex parte order-of-protection applications.
If the OSC seeks a temporary restraining order or any other interim relief (other than an ex-parte application for an order of protection), the movant must first contact the Part Clerk to obtain a date and time to present the OSC to the Court.
Page 4 | MOTIONS
Oral argument is required for every motion unless the Court directs otherwise.
Oral argument is required on all motions, unless otherwise directed by the Court.
Page 4 | MOTIONS
The Court will not accept a sur-reply without prior approval.
Sur-replies will not be accepted by the Court without prior approval.
Page 4 | MOTIONS
All parties must attend in person on the record for OSCs seeking emergency interim relief.
All OSCs which request emergency interim relief require in-person appearances on the record and the parties are required to attend.
Page 4 | MOTIONS
Before filing a discovery motion, counsel must consult in good faith and, if no resolution is reached, request a virtual conference by emailing the specified court contacts.
Prior to filing a discovery motion, counsel must consult one another in a good faith effort to resolve any discovery disputes and, in the absence of a resolution, request a virtual conference with the Court by e-mailing the Principal Law Clerk, the Assistant Law Clerk and the Part 51 e-mail.
Page 5 | MOTIONS
The parties must engage in meaningful settlement discussions before the Settlement Conference.
Prior to the SC, the parties are to engage in meaningful settlement discussions.
Page 3 | CONFERENCES
The Court will schedule a Settlement Conference case by case only when the parties are seriously ready and willing to resolve their disputes.
SCs shall be scheduled by the Court on a case-by-case basis ONLY where the parties are seriously ready and willing to resolve their issues.
Page 3 | CONFERENCES
Adjournment & Extension Requirements
An adjournment requires prior court approval and a joint email request made at least two days in advance that includes the basis for the request and three proposed dates and times acceptable to all sides, with an affidavit of actual engagement where applicable.
All adjournments require prior court approval. Requests for adjournments must be made at least two (2) days in advance of the appearance by e-mailing the Principal Law Clerk, the Assistant Law Clerk AND the Part Clerk. All opposing counsel (or the party if they are pro se), including the Attorney for the Child, where applicable, must be included in the e-mail. Adjournment requests must include the basis for the requested adjournment and THREE proposed dates/times that work for ALL SIDES, in ONE JOINT EMAIL. Where applicable, counsel must submit an affidavit of actual engagement.
Page 1 | GENERAL RULES
When requesting an adjournment of a briefing schedule or return date, counsel or the parties must first agree on proposed times and then promptly email the Principal Law Clerk.
If counsel and/or the parties require an adjournment with respect to the briefing schedule or the return date, counsel and/or the parties must work together to find mutually agreed upon times and then must promptly e-mail the Principal Law Clerk,
Page 4 | MOTIONS
A motion will be dismissed without prejudice if the movant fails to appear on the return date, unless the Court granted an adjournment beforehand.
If the movant fails to appear on the return date, the motion WILL BE DISMISSED without prejudice, unless an adjournment was granted by the Court prior to the appearance date.
Page 4 | MOTIONS
Chambers Communication Rules
Emails to the Court must include all counsel and any pro se parties as recipients.
All e-mails sent to the Court must include all counsel and any pro se parties as recipients. Ex parte communication with the Court is strictly prohibited and will not be reviewed or considered.
Page 2 | COMMUNICATION
Every email sent to the Court must identify the relevant case caption and index number in the subject line.
All e-mails sent to the Court must include the caption and index number of the relevant case in the subject line.
Page 2 | COMMUNICATION
A language interpreter must be requested by email to the Part Clerk after receiving notice of the court appearance.
If a party requires a language interpreter, one must be requested by e-mailing the Part Clerk upon receiving notice of the court appearance.
Page 1 | GENERAL RULES
Virtual appearances require a request by email to the Principal Law Clerk, Assistant Law Clerk, and Part Clerk at least two days before the appearance.
All requests to appear virtually must be made at least two (2) days in advance of the appearance by e-mailing the Principal Law Clerk, the Assistant Law Clerk AND the Park Clerk.
Page 1 | GENERAL RULES
All conferences with the Principal Law Clerk and/or the Assistant Law Clerk, with the exception of a PC, are conducted virtually and may be held at the discretion of the Court and/or upon request of counsel or the parties via e-mail address to the Principal Law Clerk, Assistant Law Clerk and the Part 51 e-mail, with all counsel and any pro se parties included as recipients.
All conferences with the Principal Law Clerk and/or the Assistant Law Clerk, with the exception of a PC, are conducted virtually and may be held at the discretion of the Court and/or upon request of counsel or the parties via e-mail address to the Principal Law Clerk, Assistant Law Clerk and the Part 51 e-mail, with all counsel and any pro se parties included as recipients.
Page 6 | VIRTUAL APPEARANCES
Questions about e-filing and NYSCEF must be addressed to the NYSCEF Resource Center.
All questions regarding e-filing and NYSCEF shall be addressed to the NYSCEF Resource Center at nyscef@nycourts.gov or (646) 386-3033.
Page 6 | ELECTRONIC FILING (NYSCEF)