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New York StateUnified Court System

Otsego County Courts


Supreme Court

Guidelines for the Assistance of Attorneys and Parties Appearing before a Supreme Court Judge

Preliminary Conferences | Pre-Trial Conferences | Motions | Ex Parte Applications | Orders to Show Cause | Contested Matrimonials | Trials | Matrimonial Preliminary Conference Notice


  • A Request for Judicial Intervention (RJI) shall be filed with the County Clerk before any matter may be reviewed or considered by the Court.
  • Except when directed by the Court to the contrary, all papers for signature or consideration of the Court shall be presented to the Court Clerk.
  • Attorneys appearing at oral argument or conference should be fully conversant with all facets of the case and fully authorized to act on behalf of their client in all respects.

Preliminary Conferences

The Court shall fix a date and time for a Preliminary Conference in all contested matrimonial cases. In all other cases, the Court will schedule a preliminary conference only upon request of a party.

 

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Pre-Trial Conferences

The Court shall fix a date and time for a pre-trial conference after the Note of Issue and Certificate of Readiness have been filed. Counsel shall attend the conference in person. At least three (3) days before the conference, the plaintiff must and the defendant may supply a brief, typewritten statement of facts, giving rise to the action, the contested issues, special and general damages, foreseeable legal evidentiary problems and any other relevant matter.

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Motions

When filed with an initial Request for Judicial Intervention, motions will be given the next available return date by the Court Clerk. After initial assignment, motions shall be made returnable at any of the assigned Judge's regularly scheduled Motion Terms. Every Notice of Motion shall contain a clear statement as to whether the motion is to be submitted or orally argued. As a general rule, oral argument or submission is optional with the parties. Where there has been no oral argument the Court may, however, schedule one if necessary. Appearances are required on all contempt motions. Appearances are required on motions involving pro se litigants unless an exception has been specifically granted by the Court. Motions involving pro se litigants must be personally served upon the pro se litigant.

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Ex Parte Applications

Ex Parte matters may be presented to Judge in Chambers at any time provided Index and RJI numbers have been obtained, if required. Where granted, the papers shall thereafter be filed with the Court Clerk.

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Orders to Show Cause

Original Orders to Show Cause are to be filed in the Clerk's office after a return date has been assigned and they have been signed by the Judge (even if they do not commence the action). An extra copy of the Order to Show Cause and supplemental affidavits and supporting papers are to be submitted at the time the Order to Show Cause is presented for review and signature, so that Court chambers can review the papers prior to the matter being heard. In addition, please file a Motion Note of Issue so that the Court Clerk's Office can place the matter on the calendar for the date assigned by the Judge.

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Contested Matrimonials

The Court shall fix a date and time for a Preliminary Conference. Both parties shall attend the conference in person, with their respective counsel. Counsel should be prepared to offer a concise presentation of the issues in dispute. A schedule for discovery and trial shall be established. The Court may direct that any requests for pendente lite relief be presented and heard at the time of the Preliminary Conference. Every motion for alimony, counsel fees pendente lite and child support shall be accompanied by a Statement of Net Worth.

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Trials

A marked set of pleadings shall accompany the Trial Note of Issue. In a contested matrimonial case, a Statement of Net Worth and a Statement of Proposed Disposition shall be filed with the Trial Note of Issue. Calendar Calls are not scheduled. The Court shall fix a date and time for Trial.

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Matrimonial Preliminary Conference Notice

  • Matrimonial Preliminary Conferences are governed by Uniform Rule § 202.16(f). Full compliance with this rule is required. In particular, please note the following:
  • A Statement of Net Worth and Retainer Agreement are to be filed with the Court no later than ten (10) days prior to the Preliminary conference. Domestic Relations Law
  • §236B(4)(a) requires each party to file a Statement of Net Worth with the clerk of the court within ten (10) days after Joinder of Issue.
  • Additionally, the Court and opposing counsel must be provided with a copy of the net worth statement at the time of the conference.
  • Both parties must be personally present in court at the time of the Conference.
  • The matters to be considered at the conference may include:
  • applications for pendente lite relief, including interim counsel fees;
  • compliance with the requirement of compulsory financial disclosure, including the exchange and filing of a supplemental statement of net worth indicating material changes in any previously exchanged and filed statement of net worth;
  • simplification and limitation of issues;
  • settlement of all or some portions of the case;
  • the establishment of a timetable for the completion of all disclosure proceedings, provided that all such procedures must be completed with six months from the date of the conference.
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