Hon. Sarah P. Cooper — Part IA-28 Rules

HON. SARAH P. COOPER

Supreme Court, Bronx County

Matrimonial Part 28

851 Grand Concourse

Bronx, NY 10451

Principal Court Attorney Assistant Law Clerk

Megan Clancy, Esq. Toni-Ann Kreisberg, Esq.

Email: BxSupCiv-IA28@nycourts.gov Email: BxSupCiv-IA28@nycourts.gov

Part Clerk Courtroom

Rosanna Hennessy IAS Part 28, Room 402

Email: rthennes@nycourts.gov (718) 618-1254

General Part Rules

All appearances are in-person unless otherwise directed by the Court.

All appearances are "time-certain" unless otherwise directed by the Court.

All parties, and all counsel, must appear at all appearances unless otherwise directed by the Court.

All parties, and all counsel, must provide their contact information at or before the first appearance,

including their email address and telephone number, by filling out a contact sheet. Contact sheets are

available in the courtroom and also by request to the Part Clerk, via email. Parties and attorneys shall

ensure that anytime their contact information changes, and updated contact sheet is filled out.

All attorneys must file a Notice of Appearance. If no Notice of Appearance has been entered before a

Court Appearance, one must be filled out and submitted in Open Court.

Communications with the Part Clerk and Chambers

All communication to the Court, including requests for an interpreter, shall be by email to BxSupCiv-

IA28@nycourts.gov.

All communications to the Court shall include the Full Caption Name, Index Number and the next court

date (if there is an adjourn date) in the subject line.

ALL E-MAIL COMMUNICATIONS WITH THE COURT MUST BE ON NOTICE TO ALL

PARTIES/COUNSEL. THE COURT WILL NOT ACCEPT EX PARTE (ONE-SIDED)

COMMUNICATIONS. THIS REQUIRES INCLUSION OF ATTORNEYS FOR THE CHILDREN.

Represented litigants shall not be carbon copied (or BCC'd) on any email communications to the Court.

Represented litigants shall not contact the Court directly.

Please do not call Chambers, the Part or the Park Clerk regarding adjournment requests or questions about

scheduling.

Please do not copy the Court, Chambers or the Park Clerk on correspondence, letters or emails exchanged

between counsel or the parties.

E-mails to the Court should only be sent during courthouse business hours NOT after courthouse business

hours, on weekends or on holidays. If you are represented by an attorney, you cannot communicate with

chambers or the Court directly. All communications either written or oral must be civil, free from any

profanity and respectful to the sanctity of the Court process. Please note that you may NOT litigate by

way of e-mail absent express court permission.

Adjournment Requests

Requests for adjournments should be made in advance. If the request for adjournment is granted by the

Court, then counsel or self-represented litigants shall prepare a stipulation including the caption and index

number of the case, the appearance date, the adjourn date, and the reason for the adjournment. The

stipulation shall be e-mailed to the chambers e-mail listed above, NOT uploaded to e-filing, at least one

(1) day prior to the scheduled appearance date. All adjournments are subject to final approval by the

Judge. If approved, the Court will upload the so ordered stipulation to NYSCEF

In general, adjournments will not be granted except for good cause shown, 3 business days in

advance, absent an emergency. If the adjournment request is being made because of a medical reason,

medical documentation must be provided at the time of the request.

Parties and counsel are expected to appear unless the adjournment is explicitly granted by the

Court.

All adjournments on the grounds of engagement of counsel shall be granted only in accordance with Part

125 of the Rules of the Chief Administrator of the Courts. Affirmations in e-filed cases must be submitted

through NYSCEF. In cases that have not been converted to e-filing, affirmations must be emailed to the

Court using the Part e-mail address listed above at least one (1) day prior to the court appearance on

notice to all sides.

It is the obligation of the parties/counsel to notify the Court if there are existing Temporary Order(s) of

Protection that would expire on the scheduled court appearance. If the Temporary Order(s) of Protection

are continuing to the adjourn date, the parties must appear on the originally scheduled date for service for

an extended Temporary Order(s) of Protection to the adjourn date.

Lateness

All Court appearances shall have a time-certain start and end time. In the event a party or attorney appears

late without prior notice to, and permission from, the Court, the Court may in it’s discretion, award

counsel fees to the opposing party for expenses incurred due to the lateness. If an attorney is before

another jurist at the time their case is scheduled before Part 28, counsel shall notify that jurist of the

scheduled appearance in Part 28 and seek immediate permission to conclude the matter before the other

jurist.

E-Filing

E-Filing Electronic filing (e-filing) provides a safe alternative to in-person filings and is an efficient,

convenient and practical tool to afford the legal community access to courts. The unified courts systems e-

filing platform is referred to as NYSCEF.

Proceedings may be converted to e-filing pursuant to Administrative Order 114/20 (available at

nycourts.gov) where both parties are represented by counsel, except for commencement or pursuant to

court order. To consent to e-filing: upload a consent to convert stipulation through the EDDS system at

https://iappscontent.courts.state.ny.us/NYSCEF/live/edds.htm.

1. E-mail addresses for all parties/counsel should be included on all filings to facilitate and expedite

scheduling and resolution.

2. E-filing is not to be used to upload communications with adversaries and/or the Court without prior

Court permission. Any such communications will be rejected.

3. Do not upload letters to e-filing, without court permission, letters become part of the permanent records

of the Office of the County Clerk.

4. When e-filing documents make sure you click the right document. Clearly identify ex parte or

Emergency Applications. Please do not file documents as uncontested just because you settled the case.

If an action is commenced as a contested matrimonial then any judgment of divorce submitted through

e-filing must be uploaded as a contested judgment of divorce.

5. There is a letter application to convert to e-filing (application.convert.pending.action.pdf (state.ny.us))

where you cannot get the consent of your adversary. There is also a Notice of Conversion (EF-28a).

The forms can be accessed in NYSCEF- just click the forms option.

6. Additional information about NYSCEF, including how to register and tutorial for attorneys and

litigants is available at: https://iappscontent.courts.state.ny.us/NYSCEF/live/training.htm

Virtual Appearances

The Court has returned to an in-person model, with some virtual appearances by direction of the Court.

Preliminary conference will be in-person unless otherwise directed by the Court.

1. PROPER COURTROOM DECORUM IS REQUIRED AT ALL TIMES.

2. If a party does not have access to the virtual platform, arrangements for a telephonic proceeding for a

conference or court proceeding may be made.

3. Before any TEAMS appearance, you are REQUIRED to do a practice run with your client. Failure to

do so causes delays in proceedings and is a waste of judicial resources.

4. Counsel and parties must adhere to all pre-scheduled appointments. Counsel and litigants are expected

to join the virtual proceeding 10 minutes before the scheduled court proceeding to test audio/visual

equipment in ADVANCE of the scheduled time so as to not to keep the judge and court staff waiting.

5. No recording of any proceedings or conferences are permitted except by the official court reporter.

6. Participants should MUTE their microphones when they are not speaking to reduce background noise

interference. Counsel and parties may not talk over each other or the Court.

7. Litigants must take steps necessary to ensure no children can overhear or witness any court

appearances and/or proceedings and should ensure they are participating from a location without

background noise interference (TV, radio, street noise). There are no provisions for childcare.

8. All parties must be present at each in-court or virtual appearance unless excused by the Court.

9. A Notice of Appearance shall be e-filed before the first appearance by counsel.

10. Training on Teams and other virtual platforms can be accessed at:

https://portal.nycourts.gov/knowledgebase/article/KA-01070

Virtual appearances are only allowed upon prior consent or prior direction of the Court. The Court will

not entertain requests to convert an in-person appearance to a virtual appearance unless the request is a)

received more than one business day (24 hours) before the scheduled appearance, b) on consent, and c)

accompanied by a specific reason including medical documentation if necessary.

Automatic Orders

Pursuant to Domestic Relations Law § 236 B (2), when serving a summons, a copy of the Automatic

Orders, Notice of Domestic Relations Law § 255, and Notice of the Maintenance Guidelines must also be

served.

Request for Judicial Intervention (RJI)

Pursuant to 22 NYCRR 202.16(d), an RJI shall be filed within forty-five (45) days of the date of service

of the summons. The Preliminary Conference (PC) must be scheduled within forty-five (45) days of the

RJI being filed and adjournments will be limited.

A request for a preliminary conference shall accompany the RJI and both must be served on all parties.

A copy of the RJI and the request for a Preliminary Conference (PC) shall be e-filed. If the party is not

using e-filing, these copies must be filed with the Bronx County Clerk’s office and the Matrimonial

Clerk’s office. If not previously filed, a copy of the notice of appearance should be filed at this time.

Motion Practice

All motions shall be made by Order to Show Cause unless otherwise directed by the Court.

Counsel is encouraged to request a conference via email to BxSupCiv-IA28@nycourts.gov, cc'ing all

counsel (and/or pro se litigants), prior to filing a motion. Such request shall include at least three proposed

adjourn dates/times that work for all attorneys (and/or pro se litigants) on the case.

Working copies or courtesy copies of motion papers are not required and will not be accepted unless

requested by the Court.

All motions will require an in-person appearance unless otherwise directed by the Court.

Once motions are fully submitted, the Court will not allow any further submissions. Letters to the Court

after oral argument or full submission regarding a pending motion that was fully submitted will not be

accepted.

All exhibits to in-person appearances are to be tabbed and all pages should be single-sided. In cases that

are e-filed, exhibits must be uploaded separately.

Any application related to child support shall include a Child Support Standards Act worksheet. All

applications and responses thereto for pendente lite maintenance shall include a worksheet and calculation

pursuant to the applicable maintenance guideline in effect as of the date of commencement of the action

as well as an affidavit of net worth. Any request for deviation must articulate which of the deviation

factors the moving party is relying upon and the reason for the deviation request. All applications for

financial relief, or in opposition to requested financial relief, including counsel fee applications must

contain a current affidavit of net worth and supporting documents attached in the official form. The form

affidavit of net worth can be printed from: https://www.nycourts.gov/divorce/forms.shtml#Statewide.

Allegations of fact submitted to the Court, including allegations contained in an affidavit or the complaint

must be certified by counsel in the form prescribed by the Chief Administrative Judge.

Copies of the Family Court petition and any existing orders must be submitted with the application to

consolidate. All orders to show cause and motions for consolidation must be served on all attorneys who

have appeared or been appointed in the Family Court if there is presently an action pending in Family

Court. IN ANY APPLICATION TO CONSOLIDATE YOU MUST INFORM THE SUPREME COURT

OF THE NEXT DATE YOU ARE SCHEDULED TO BE IN FAMILY COURT, AND THE NAME OF

THE JUDGE, REFEREE OR SUPPORT MAGISTRATE ASSIGNED TO YOUR CASE.

Initial post-judgment applications shall be brought by Order to Show Cause. In the event there is a post-

judgment application pending, further applications may be made by Notice of Motion or Cross-motion.

All motions for contempt must be made by Order to Show Cause in conformity with the Judiciary Law

and contain the required warning in correct type face and type size.

All submissions must comply with the requirements, including page limits, detailed in 22 NYCRR

202.16-b.

Court Interpreter Services

Chambers staff and the part clerk must be notified via the Part e-mail at least three (3) court days in

advance of EACH court proceeding (including conference, oral argument, hearing, trial) if a court

interpreter is needed. Note that requests for interpreters must be made at least ten (10) days before the

preliminary conference together with the other required submissions (see below). You must provide the

language and dialect for the requested interpretation services.

Consent to Change Counsel

If any represented litigant wishes to represent themselves, counsel shall file an Order to Show Cause to be

relieved.

A Consent to Change Attorney form is only permitted when the party one attorney is taking over

representation from another attorney. A Consent to Change Attorney form shall not be used when a

litigant will be left to represent themselves.

Subpoenas

Counsel is reminded of their authority to issue subpoenas under applicable law.

All subpoenas submitted for signature must be on notice unless otherwise instructed by the Court.

Subpoenas seeking documents from a state agency or municipality must be served in compliance with

CPLR 2307.

Preliminary Conferences

Preliminary conferences are scheduled on Wednesdays.

If counsel determines that the preliminary conference date is a conflict because they will be out of the

jurisdiction, or engaged in another court appearance, counsel shall, within three (3) business days of

receiving the preliminary conference date, email the Court, cc'ing all attorneys (and/or pro se litigants)

explaining the conflict and providing three proposed adjourn dates/times that work for all attorneys

(and/or pro se litigants) on the case. The proposed adjourn dates must be Wednesdays. The new

preliminary conference date will be confirmed over email by the Court.

Pursuant to court rules, a proposed preliminary conference order shall be submitted in advance of the

preliminary conference. Please email the Part Clerk to request a blank form if necessary.

All cases will be screened during, or immediately after, the preliminary conference to determine whether a

mediation referral is appropriate.

The following information shall be emailed to the assigned judge’s part no later than ten (10) days before

the preliminary conference to facilitate scheduling the virtual appearance:

a. the litigants ’email addresses;

b. the retained attorneys ‘email addresses;

c. any request for an interpreter, including the specific language and dialect;

d. a completed copy of the preliminary conference order, which is available on the court’s website at

Divorce Forms | NYCOURTS.GOV; and

e. a completed DRL 240 Registry Check form.

Pursuant to 22 NYCRR 202.16 (f) (1), all pleadings and net worth affidavits shall be filed with the Part

ten (10) days prior to the conference date, accompanied by the attorneys ’retainer statements and the

parties ’recent pay stubs or W-2/1099 statements. A blank statement of net worth can be found at

NetWorthStatementFillable.pdf (nycourts.gov)

Your time specified for a preliminary conference must be adhered to. Given the present number of cases

to prevent overcrowding-if you are late, you may miss your court appearance.

The party that filed the RJI must file proof of service of the RJI, the request for preliminary conference

and this notice on the opposing litigant/attorney no later than ten (10) days before the preliminary

conference. It is your responsibility to notify your adversary, any successor adversary, or any self-

represented litigant of the preliminary conference date.

Failure to comply with the document filing requirements of 22 NYCRR 202.16 (f) (1) or any provision in

these rules may result in sanctions (see http://ww2.nycourts.gov/rules/trialcourts/202.shtml#16).

A STATUTORY RECORDS CHECK FORM MUST BE COMPLETED AND SUBMITTED TO THE

PART CLERK IN EVERY CASE WHERE THERE ARE CHILDREN UNDER THE AGE OF

EIGHTEEN (18) YEARS OLD, unless waived by the Court because a statutory records check was

previously completed within the prior ninety (90) days. Please notify chambers at least ten (10) days

before the preliminary conference and at least one (1) day in advance of each subsequent court appearance

where a statutory records check is required and submit the form so the records check can be prepared in

advance of the court appearance.

Mediation

Parties and counsel are encouraged to participate in mediation when appropriate.

If a case is referred for mediation, counsel and the parties shall be responsive to the mediation coordinator

so that a mediator can be assigned, and mediation can be scheduled expeditiously.

Pre-Trial Conference-Time Specified

A Note of Issue shall be filed prior to the Pre-Trial Conference, in accordance with the compliance

conference order. You must appear on time.

If you are directed to file a Note of Issues on a date certain you must file it unless you have permission of

the court to extend the date of filing.

Each party shall provide the Court with a statement of proposed disposition, updated net worth statement,

maintenance guidelines calculation, child support worksheet (if applicable), and the last three (3) years tax

returns with all attached W-2s, 1099s, K1s and schedules. If the prior year’s tax return has not yet been

filed, copies of all W-2, K-1, and 1099 statements, and a copy of the filed extension must be provided.

Parties shall exchange proposed exhibits no later than fifteen (15) days prior to the pretrial conference. A

list of documents, pre-marked by counsel, which counsel stipulate may be introduced into evidence shall

be uploaded to the Virtual Evidence room at least one (1) week prior to the pretrial conference. In the

event there are exhibits, or portions of exhibits to which counsel objects, such objections shall be filed by

motion at least one (1) week prior to the pretrial conference. Any objections to exhibits not raised by the

time of the pretrial conference shall be deemed waived.

All motions in limine shall be made by the time of the Pre-Trial Conference.

Trials

The following, if applicable, shall be provided to the Court at least one (1) week prior to the date of trial,

if not previously provided at a pre-trial conference or on another timeline indicated by Court Order:

a. Marked pleadings

b. Updated affidavits of net-worth, copies of three (3) years prior tax returns (if the tax filing deadline has

not expired and returns have not been filed for the prior year that party must provide current W-

2/1099s/K-1/etc.), statement of proposed dispositions, and maintenance and child support worksheets.

Blank form of the statement of net worth can be downloaded at

http://www.nycourts.gov/divorce/forms.shtml#Statewide.

c. A witness list and any pre-trial memorandum

d. Expert reports which were served no later than thirty (30) days before trial.

e. A list of all proposed exhibits. Forensic Reports and ACS Reports shall NOT be uploaded to

NYSCEF.

f. If the trial concerns the issue of custody only and involves no financial issues, the parties shall file a

proposed parenting plan instead of a statement of proposed disposition and need not file an updated

statement of net worth. Attorneys for children, if any, may file a proposed parenting plan if they wish

to do so, and shall also exchange and file witness and exhibit lists

g. In complex financial cases, counsel is encouraged to utilize the voluminous writing exception to the

best evidence rule (see Ed Guth Realty, Inc. v. Gingold, 34 NY2d 440, 452, 358 NYS2d 367 [1974]).

The rule saves time and counsel fees by creation of a chart outlining the documentary evidence sought

to be admitted. The backup documents that verify the content of the chart must 11 be sent to opposing

counsel so they can verify the underlying documents and test the accuracy of the chart prior to trial.

The proposed exhibit should be exchanged 10 days prior to trial.

Copies of trial memorandum/decisions will be uploaded to the e-filing system and can be accessed there

by counsel and self-represented litigants.

Applications for counsel fees must include retainer agreement, copies of billing records and affirmation of

services. If the parties do not stipulate to the issue of the final counsel fee award being decided on

submission of papers, the Court must hear testimony at the conclusion of trial on the issue. Submission of

documents can be uploaded through e-filing, where the case has been converted on consent, or other

methodology as permitted by the Court on a case-by-case basis, pursuant to ongoing virtual trial

protocols.

Prior to the pre-trial conference, the parties shall attempt to execute a stipulation as to: (i) the authenticity

and admissibility of exhibits; and (ii) undisputed facts.

It is the duty of counsel, not court personnel, to ensure all subpoenaed documents have arrived.

Trial dates scheduled by the Court are firm and may only be adjourned upon application based upon an

emergency. No adjournments will be granted unless the court concludes, in rare instances, that good cause

exists. Failure to proceed may result in a judgment of default or dismissal of the action.

Virtual Evidence Courtroom (VEC)

The Virtual Evidence Courtroom (VEC) allows litigants and attorneys to upload documents into a

separate courtroom for each type of hearing and mark them for identification. The VEC exists for the

specific case and hearing/trial designated. So, for example, you can have a bifurcated custody trial and a

VEC set up and then have another VEC for the financial aspects of case. Users can use it day-to-day and

there is no need once you establish a VEC for a trial or hearing, to create a new VEC on a particular case.

The Court also has the discretion to use the one VEC for the entire case.

In the VEC there are drop downs to upload agreed-upon evidence and even with court permission,

documents for in-camera inspection. Only court users can move the documents into evidence. In

accordance with our e-filing rules Forensic Evaluations and Child Protective Reports CANNOT be

uploaded to the VEC. See A/O 162/21, Appendix B (a) (5). Training and information about the VEC can

be located at https://iappscontent.courts.state.ny.us/NYSCEF/live/help/EvidenceCourtInstructions.pdf

In-camera Interviews

In-camera interviews will be in-person. Children shall NOT be brought to the courtroom. Do not bring

children to the courthouse unless for a scheduled in-camera interview by Order of the Court.

Inquests and Stipulations

Inquests and allocutions shall occur on the record, in-person, or at the Court’s discretion, virtually.

Proposed signed agreements, once fully executed, should be sent by e-mail as a PDF to Chambers for

review at least three (3) days in advance of the scheduled inquest and allocution.

If the case involves custody of children, a fully completed registry check form shall also be provided at

least two (2) days in advance.

Contact the Court part by e-mail for sample questions for inquests.

Forensic Reports and other Confidential Reports

If confidentiality affirmations are signed by counsel, forensic reports can be sent to counsel confidentially

by utilizing “@secure” in the e-mail subject line. They may be shared with the litigants, but not copied,

only in the presence of counsel, and shall not be sent electronically to litigants. They may not be uploaded

to NYSCEF.

Self-represented litigants may access the report in the courthouse by appointment only, scheduled by the

chambers of the individual justice assigned. Self-represented litigants shall not make copies or images of

the reports.

Settlement

If a motion has been withdrawn, or the case has been settled or otherwise discontinued, please inform the

Court via email to BxSupCiv-IA28@nycourts.gov, carbon copying all attorneys or pro se litigants.

The Court will not accept oral stipulations of settlement. All settlements must be reduced to writing and

signed by all parties and counsel. Counsel is encouraged to provide proposed settlement agreements to

the Court to review prior to execution.

Unless otherwise directed by the Court, all stipulations of settlement shall require a court appearance for

the Court to conduct an Inquest.

A fully executed stipulation of settlement shall be provided to the Court in advance of the Inquest date.

Unless otherwise directed by the Court, the attorney for the Plaintiff (or the pro se Plaintiff) shall make

note of who the court reporter is on the Inquest date and shall expeditiously request a transcript of the

Inquest after the hearing.

Judgments of Divorce

All judgements must be submitted within 60 days, or the action will be deemed abandoned and dismissed.

All judgments and orders must include a notice of settlement in compliance with 22 NYCRR 202.48. If

papers are rejected the re-submitted proposed judgment/order must include a new notice of settlement.

Counter-proposed judgments of divorce must comply with 22 NYCRR 202.48. NOTICE: IF YOUR

PAPERS HAVE BEEN REJECTED AND HAVE TO BE RE-FILED YOU MUST SUBMIT THE

PAPERS WITH A NEW NOTICE OF SETTLEMENT UNLESS WAIVED IN WRITING BY THE

OTHER SIDE.

All Domestic Relations Orders must be submitted at the same as the proposed judgment, or within 45

days of the signing of the judgment, and must be accompanied by written plan approval or a letter from

the plan indicating they do not pre-approve such orders.

Post-Judgment Applications

Post-judgment applications must be brought by Order to Show Cause if there are no presently pending

post-judgment applications with service as directed by the Court.

Initial post-judgment applications must be personally served on litigant unless waived by the Court or

adversary. Service on prior counsel is defective service.

Case law requires that a new retainer agreement be entered into by the litigant and counsel for post-

judgment representation even if the attorney was the attorney of record on the underlying action.

All post-judgment applications, except requests for an ex parte Temporary Order of Protection, related to

an order, judgment or agreement must have a copy of the underlying order, judgment and agreement

annexed.

Referee Referrals

Referrals to referee parts are expected to be trial ready on the date selected for trial and prepared to be

heard day-to-day thereafter. These referrals are NOT for the purpose of extensive conferencing and the

dates selected should not be adjourned, without good cause. Referees will notify the referring Justice of

any adjournments. The Referral Order must specify the specific issue(s) being referred to the Referee.

Referrals on the issue of contempt can only be to hear and report.