Subdivision Part 202.16 - By Topic
(a) Applicability
(b) Form of Statements of Net Worth
(c) Retainer Agreements
- (c)(1) Retainer Agreement to accompany the Statement of Net Worth
- (c)(2) Attorney seeking to obtain an interest in client’s property
(d) Request for Judicial Intervention (RJI)
(e) Certification
(f) Preliminary Conference
- (f)(1) PC held within 45 days, included in order, parties personally present
- (f)(1)(i) - (vi) Exchange various financial documents
- (f)(2) Matters considered at PC; may include the following:
- (f)(2)(i) Applications for pendente lite relief
- (f)(2)(ii) Compliance with requirement of compulsory financial disclosure
- (f)(2)(iii) Simplification and limitation of issues
- (f)(2)(iv) A timetable for disclosure, NOI filed within 6 months from PC
- (f)(2)(v) Any other matters deemed appropriate by the court
- (f)(3) Set discovery schedule, date for trial, law guardians, experts, schedule CC
(g) Expert Witnesses
- (g)(1) Responses to demands pursuant to CPLR 3101(d) served within 20 days
- (g)(2) Expert witnesses to be called at trial to exchange and file reports
(h) Statement of Proposed Disposition
- (h)(1) Each party shall exchange a Statement setting forth the following:
- (h)(1)(i) - (viii) Assets, Debts, Maintenance, E.D., Dist Award, Plan for C.S., Cust & Vist
- (h)(2) Annex written financial, custody or visitation agreement to Proposed Disp
- (h)(3) Proposed Disposition to be served and filed with the Note of Issue
(i) Filing of Note of Issue
(j) Referral to Family Court
(k) Motions - Alimony, Maint, Counsel Fees Pendente Lite & Child Support
- (k)(1) Motion made before or at Preliminary Conference
- (k)(2) Motion must contain Statement of Net Worth
- (k)(3) Motion for counsel fees must include affidavit of movant’s attorney
- (k)(4) Opposing party deems to admit facts not controverted in:
- (k)(4)(i) A Statement of Net Worth by opposing party
- (k)(4)(ii) Other sworn statements or affidavits re: facts not feasible to controvert
- (k)(5) Failure to comply shall be good cause for the Judge to either:
- (k)(5)(i) Draw an inference favorable to the adverse party
- (k)(5)(ii) Deny the motion without prejudice
- (k)(6) Motion for interim maintenance or child support determined w/in 30 days
- (k)(7) Applications for an award of counsel fees or appraisal/accounting fees
(l) Hearings/trials for custody or visitation to proceed from day to day
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Administration
