Franklin
Supreme & County Court
LOCAL RULES IN MATRIMONIAL ACTIONS

Supreme Court motions in matrimonial actions may be made returnable on any Thursday. The Court asks that the moving party advise chambers before any matter is made returnable on a particular Thursday so as to avoid calendar congestion and to avoid the possibility that the Judge will be unavailable. Every effort will be made by the Court to schedule preliminary conferences at the same time.

The court requires the presence of counsel and the parties upon the return date of any motion and at any preliminary conference. Only the court, or its court attorney, may dispense with such presence.

Proposed orders to show cause, motions, and responsive pleadings should be filed with the Franklin County Clerk's Office. It is not necessary to submit courtesy copies to chambers.

Proposed orders should be submitted to chambers upon notice to opposing counsel, any unrepresented party, and any Law Guardian. The Court will consider the proposed order acceptable to all parties, unless advised to the contrary within ten days of the court's receipt of the proposed order. Such notice should be in writing and on notice to the submitting party.

Where matters have been scheduled for trial, and have been settled, the court should be advised immediately. Absent such notice, the action may be dismissed, and any interim relief vacated, if there are no appearances at the time of trial. Domestic Relations Law Section 211 papers, in settled matrimonial actions, should be submitted to chambers, directly, not more than thirty (30) days from the scheduled trial date.

In uncontested matters, the Domestic Relations Law Section 211 papers should be submitted to the Franklin County Clerk's Office when the Request for Judicial Intervention and Note of Issue are filed.

 
 

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New York State Unified Court System Lady Justice
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