22 CRR-NY 202.16-bNY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 22. JUDICIARY
SUBTITLE A. JUDICIAL ADMINISTRATION
CHAPTER II. UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
PART 202. UNIFORM CIVIL RULES FOR THE SUPREME COURT AND THE COUNTY COURT
22 CRR-NY 202.16-b
22 CRR-NY 202.16-b
202.16-b Submission of written applications in contested matrimonial actions.
(a) Applicability.
This section shall be applicable to all contested matrimonial actions and proceedings in Supreme Court authorized by subdivision (2) of Part B of section 236 of the Domestic Relations Law.
(b) Unless otherwise expressly provided by any provision of the CPLR or other statute, and in addition to the requirements of section 202.16(k) of this Title where applicable, the following rules and limitations are required for the submission of papers in all applications (including postjudgment applications) for alimony, maintenance, counsel fees, child support, exclusive occupancy, custody and visitation unless said requirements are waived by the judge for good cause shown:
(1) Applications that are deemed an emergency must comply with section 202.7 of this Title and provide for notice, where applicable, in accordance with same. These emergency applications shall receive a preference by the clerk for processing and the court for signature. Designating an application as an emergency without good cause may be punishable by the issuance of sanctions pursuant to Part 130 of the Rules of the Chief Administrative Judge. Any application designated as an emergency without good cause shall be processed and considered in the ordinary course of local court procedures.
(2) Where practicable, all orders to show cause, motions or cross-motions for relief should be made in one order to show cause or motion or cross-motion.
(3) All orders to show cause and motions or cross-motions shall be submitted on one-sided copy except as otherwise provided in section 202.5(a) of this Title, or electronically where authorized, with one-inch margins on 8.5 x 11 inch paper with all additional exhibits tabbed. They shall be in Times New Roman font 12 and double spaced. They must be of sufficient quality ink to allow for the reading and proper scanning of the documents. Self-represented litigants may submit handwritten applications provided that the handwriting is legible and otherwise in conformity with these rules.
(4) The supporting affidavit or affidavit in opposition or attorney affirmation in support or opposition or memorandum of law shall not exceed 20 pages. Any expert affidavit required shall not exceed eight additional pages. Any attorney affirmation in support or opposition or memorandum of law shall contain only discussion and argument on issues of law except for facts known only to the attorney. Any reply affidavits or affirmations to the extent permitted shall not exceed 10 pages. Sur-reply affidavits can only be submitted with prior court permission.
(5) Except for affidavits of net worth (pursuant to section 202.16[b] of this Title), retainer agreements (pursuant to Rule 1400.3 of the Joint Rules of the Appellate Division), maintenance guidelines worksheets and/or child support worksheets, or counsel fee billing statements or affirmations or affidavits related to counsel fees (pursuant to Domestic Relations Law section 237 and section 202.16[k] of this Title), all of which may include attachments thereto, all exhibits annexed to any motion, cross-motion, order to show cause, opposition or reply may not be greater than 3 inches thick without prior permission of the court. All exhibits must contain exhibit tabs.
(6) If the application or responsive papers exceed the page or size limitation provided in this section, counsel or the self-represented litigant must certify in good faith the need to exceed such limitation, and the court may reject or require revision of the application if the court deems the reasons insufficient.
(c) Nothing contained herein shall prevent a judge or justice of the court or of a judicial district within which the court sits from establishing local part rules to the contrary or in addition to these rules.
22 CRR-NY 202.16-b
Current through June 30, 2021
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