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Matrimonial Litigation - Contested Cases


MATRIMONIAL LITIGATION -- CONTESTED CASES

 

Concerning:  Deadlines and Processing of Papers  /  Orders of Protection

 

A. DEADLINES AND PROCESSING OF PAPERS IN MATRIMONIAL CASES

Motions, orders to show cause, long form orders, and disclosure orders in matrimonial cases are processed through the normal back offices as discussed above. As to orders of protection, see the next Section. Net Worth Statements are filed in the Trial Support Office (Room 158). Proposed findings of fact and conclusions of law and proposed judgments in matrimonial matters, and Qualified Domestic Relations Orders (QUADROS) are filed in the Matrimonial Support Office (Room 311).

Matrimonial cases are not technically part of the universe of Differentiated Case Management (Uniform Rule 202.19) matters. The deadlines set forth in Rule 202.16 of the Uniform Rules for the Trial Courts are more accelerated than the DCM standards.

Rule 202.16 was amended in July 2000 to provide that detailed items of financial disclosure must be furnished and filed with the court at least ten days prior to the preliminary conference. Previously only the Net Worth Statement was specifically required to be provided at that time.

B. ORDERS OF PROTECTION

Orders of protection are critical. The court will do all that it can to ensure that, when a Justice issues such an order, it is transmitted immediately to the police liaison in Family Court for service, if police service is required, and in any case to One Police Plaza for informational purposes. In addition, this court will transmit, within 24 hours, copies of the relevant orders and essential related information to the Registry, which is run by the State Police.

Standard forms of orders of protection, both temporary and permanent, are available on the Unified Court System’s web site (at www.nycourts.gov). Information contained in the orders can be automatically fed into the Registry's electronic database. Because of the gravity of this matter, it is vital that these forms of order be used in all cases. In addition, standardized data collection forms have been issued to ensure that the needed information is included in the Registry and provided to the police. These forms must be completed whenever an order of protection is issued. Order numbers are issued by the Trial Support Office upon request of the Part Clerk.

 

  September 2005