Hon. Linda M. Capitti — Part 9 Rules

Hon. Linda M. Capitti

Supreme Court, New York County

Part 9 – Matrimonial Division

60 Centre Street, Room 355

New York, NY 10007

Principal Court Attorney Assistant Law Clerk

Michele E. Rubin, Esq. Alex J. Snow, Esq.

merubin@nycourts.gov asnow@nycourts.gov

Part Clerk Part 9

Stephen DiLillo Courtroom

(646) 386-3848

SFC-Part9-Clerk@nycourts.gov SFC-PART9@nycourts.gov

I. GENERAL PART RULES

1. The Uniform Civil Rules for the Supreme Court and the County Court (22

NYCRR 202 et seq.) are incorporated by reference into these Part Rules set

forth below.

2. All appearances before Justice Capitti are in person unless otherwise

directed by the court. See Section VIII below for information regarding

virtual appearances.

3. Parties and counsel must be present on any calendared court date unless

expressly excused by the court. All matters are scheduled for a time certain and

will begin at the designated time.

4. If a party requires a language interpreter, one must be requested via email to

the Part Clerk upon receiving notice of the appearance.

II. ADJOURNMENTS

5. All adjournments require prior approval of the court.

6. Adjournment requests must be submitted via email to the Principal Court

Attorney, Assistant Law Clerk, Part 9, all counsel, and any pro se parties.

7. Adjournment requests must be made at least three (3) days before a

conference or motion return date, or two (2) weeks before a hearing or trial.

8. If an adjournment request is granted, counsel must upload a stipulation to the

New York State Courts Electronic Filing system (“NYSCEF”) listing four (4) dates

and times that all counsel and parties are available. A courtesy copy of the

stipulation shall also be emailed to the Principal Court Attorney, Assistant Law

Clerk, and Part 9.

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Last Updated: December 10, 2025

III. COMMUNICATIONS

9. All emails to the court must state both the caption and index number of the

relevant case in the email’s subject line.

10. All emails to the court must include all counsel and any pro se parties as

recipients.

11. Ex parte communications with the court are strictly prohibited and will not be

reviewed or considered.

12. Emails to the Principal Court Attorney and Assistant Law Clerk are permitted in

emergency circumstances.

13. General inquiries, excluding adjournment requests, shall be directed to the Part

Clerk via email.

14. Litigation by email is strictly prohibited. All correspondence with the court and

chambers, excluding adjournment requests, shall be by letter filed to NYSCEF.

IV. PRELIMINARY CONFERENCES

15. A preliminary conference will take place during a case’s first appearance or the

return date of the first motion, unless otherwise directed by the court.

16. At least one (1) day before the preliminary conference, counsel or parties must

upload to NYSCEF: (i) a completed and signed matrimonial preliminary

conference order; (ii) statements of net worth; and (iii) a child support

worksheet and proposed parenting plan (if applicable).

17. A hard copy of the proposed preliminary conference order signed by the parties

and counsel must be provided to the court on the preliminary conference date.

V. MOTIONS

18. To reduce the need for motion practice, where good faith efforts to resolve an

issue are unsuccessful, counsel shall request, by letter directed to the Principal

Court Attorney and Assistant Law Clerk and uploaded to NYSCEF, a pre-motion

conference to allow the court the opportunity to resolve the issue before a

motion is made. The letter must specify what good faith efforts were made to

resolve the issue.

19. All motions must be made by Order to Show Cause and indicate the respective

motion sequence number on the first page. Motions made by Notice of

Motion will not be considered.

20. All orders to show cause for emergency interim relief require in-person

appearances on the record. Parties are required to attend.

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21. Any request for issuance of a temporary order of protection (“TOP”) must

contain the Family Protection Registry Information Sheet

(https://www.nycourts.gov/LegacyPDFS/FORMS/familycourt/pdfs/info_she.pdf).

The party requesting the TOP must be present in person.

22. Parties may move for the following without court permission: (i) pendente lite

relief (such motions must include a current statement of net worth); (ii) a

declaration as to the validity of a pre- or post-nuptial agreement or other

dispositive document; and (iii) an emergency order of protection or other order

where a risk of imminent harm to a child or party is demonstrated.

VI. PRE-TRIAL CONFERENCES & TRIALS

23. Prior to a pre-trial conference, counsel or the parties shall file on NYSCEF and

exchange: (i) a statement of proposed disposition; (ii) child support worksheet

(if applicable); (iii) updated net worth statements; (iv) most recently filed tax

returns; and (v) a witness list with meaningful offer of proof for each witness.

24. Hard copies of all trial exhibits shall be brought to the court on the date of trial,

as well as uploaded to NYSCEF.

25. Counsel and parties must utilize Bates numbering and stamping in the

production of documents. The Compliance Conference and Status Conference

Orders require the identification of Bates numbers.

26. If counsel or a party intends to offer audio or video evidence, such evidence

must be viewable on a computer provided by counsel or a party that is equipped

with an HDMI port (or compatible HDMI adapter). Evidence cannot be provided

in the form of external storage devices (e.g., USB flash drives, CDs).

VII. ELECTRONIC FILING (NYSCEF)

27. The following documents requiring the court’s attention must be filed to

NYSCEF: (i) stipulations to be so ordered; (ii) subpoenas for signature; and

(iii) proposed orders and judgments for signature. Courtesy copies must be sent

to the Principal Court Attorney, Assistant Law Clerk, and Part 9 via email.

28. The court strongly encourages contested matrimonial cases to be e-filed on

NYSCEF. The form to convert a paper case to e-filing is here:

https://iappscontent.courts.state.ny.us/NYSCEF/live/forms/stipulation.and.conse

nt.pdf

29. If a paper case is converted to an e-file case, only documents filed after the

conversion are accessible on NYSCEF. Accordingly, early conversions, ideally

before the preliminary conference, are encouraged.

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30. All questions regarding NYSCEF should be addressed to the NYSCEF Resource

Center at nyscef@nycourts.gov or (646) 386-3033.

VIII. VIRTUAL APPEARANCES

31. All conferences with the Principal Court Attorney and/or Assistant Law Clerk are

conducted virtually and may be held at the discretion of the court and/or upon

request of counsel or parties via email addressed to the Principal Court

Attorney, Assistant Law Clerk, and Part 9, with all counsel and any pro se

parties included as recipients.

32. If counsel and/or parties are directed to appear virtually, please ensure: (i) you

are in a quiet area with minimal background noise and a strong internet

connection; (ii) your Microsoft Teams application is up to date; and (iii) your

microphone and camera are functioning properly.

33. Counsel and parties appearing virtually must have their cameras on and must

not be walking or operating a motor vehicle for the duration of the appearance.

34. Pursuant to the Rules of the Chief Judge (22 NYCRR 29) and the Rules of the

Chief Administrative Judge (22 NYCRR 131), you are prohibited from recording

video or audio, as well as taking photographs or screenshots.

35. If directed to appear virtually in front of Justice Capitti, the link to join the

Part 9 Virtual Courtroom on Microsoft Teams is here:

https://notify.nycourts.gov/meet/0avpkm.

36. If directed to appear virtually in front of the Principal Court Attorney and/or

Assistant Law Clerk, the link to join the Part 9 Virtual Conference Room

on Microsoft Teams is here: https://notify.nycourts.gov/meet/0avpnb.

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