N.Y. Comp. Codes R. & Regs. tit. 22 § 202.16-b

Current through Register Vol. 46, No. 17, April 24, 2024

Section 202.16-b - Submission of Written Applications in Contested Matrimonial Actions

(1) 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.

(2) Unless otherwise expressly provided by any provision of the CPLR or other statute, and in addition to the requirements of 22 NYCRR § 202.16(k) where applicable, the following rules and limitations are required for the submission of papers in all applications (including post judgment 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:

(i) Applications that are deemed an emergency must comply with 22 NYCRR § 202. 8(e) 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.

(ii) 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. The utilization of the requirement to move by order to show cause or notice of motion shall be governed by local part rule.

(iii) Length of Papers: Parties shall comply with the word limitations in subsections (a)-(f) of 22 NYCRR § 202.8(b) as amended.

(iv) Form of Papers: Parties shall comply with the requirements of 22 NYCRR § 202.5(a) as amended.

(v) Notwithstanding 22 NYCRR § 202.5 -a, papers and correspondence may be transmitted to the court by fax by a self-represented party without prior court approval unless prohibited by a local part rule or judicial order.

(vi) Self-represented litigants may submit handwritten applications provided that the handwriting is legible and otherwise in conformity with all applicable rules.

(vii) Except for affidavits of net worth (pursuant to 22 NYCRR § 202.16(b)) , 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 § 237 and 22 NYCRR § 202.16(k)) , 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 three (3) inches thick without prior permission of the court. All such exhibits must contain exhibit tabs.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.16-b

Adopted New York State Register August 9, 2017 /Volume XXXIX, Issue 32, eff.7/1/2017

Amended New York State Register March 24, 2021/Volume XLIII, Issue 12, eff. 3/24/2021

Amended eff. 7/1/2022.

Amended New York State Register July 6, 2022/Volume XLIV, Issue 27, eff. 7/1/2022

Amended eff. 7/27/2022.

Amended New York State Register August 31, 2022/Volume XLIV, Issue 35, eff. 8/31/2022