Uniform Civil Term Rules

The following uniform rules have been adopted by all the Richmond County Supreme Court D.C.M. Justices in order to decrease the complexity of litigation regulations, promote efficiency and expedite the administration of cases.

Matrimonial cases shall be governed by the rules for Part MP 11 and NYCRR 202.16 et seq.

Preliminary Conference

1. A preliminary conference is mandatory in all cases, whether requested or not, unless a dispositive motion is granted upon the case's initiation to an individual Judge's Part.

2. Upon the filing of an RJI, the preliminary conference, whenever practicable, shall be held within forty five (45) days.

3. At the time that the plaintiff files an RJI requesting a preliminary conference, the bill of particulars must be annexed to that request. If the defendant is the party that is requesting the preliminary conference by the filing of an RJI, the plaintiff shall serve a bill of particulars ten (10) days prior to the preliminary conference.

4. The Preliminary Conference form adopted by OCA shall be utilized by all Parts. The Preliminary Conference Order shall be completed by all parties to the lawsuit and therein a schedule for depositions, impleaders, and documentary discovery accomplished.

5. The preliminary conference order shall fix a date wherein all parties are to attend a compliance conference.

6. The compliance conference may not be adjourned, unless specifically authorized by the Court.

7. Within the preliminary conference order, it shall be indicated that all impleader actions shall be instituted within a forty five (45) day period after the completion of examinations before trial. In the event this is not accomplished, any third party action may be severed.

8. All parties must attend the compliance conference unless otherwise directed by the court. A party failing to attend may have their pleadings stricken and/or other sanctions imposed. An order certifying that all discovery is complete shall be issued when the court is satisfied the parties have fully complied with the Preliminary Conference Order.

9. Discovery motions shall not be made without leave of court until after the compliance conference scheduled in the Preliminary Conference Order. If such a motion is authorized by the court, the Attorney�s Affirmation must state that the court has granted permission for the application.

The Note of Issue

1. A Note of Issue may not be filed until a Certification Order has been issued by the court upon completion of discovery. A copy of the Certification Order must be filed with the Note of Issue.

2. The court may hold a settlement conference within 60 days of the filing of the Note of Issue.

Motion Requirements

1. Post Note of Issue Summary Judgment Motions: No motion for summary judgment may be made more than sixty (60) days after filing a Note of Issue, except with leave of the court on good cause shown. See CPLR �3212(a).

2. The return date of a motion shall be adjourned only upon agreement of all parties with leave of court.