Hon. Yael Wilkofsky — Part 51 Rules

HON. YAEL T. WILKOFSKY

Supreme Court, New York County

Part 51 – Matrimonial Division

80 Centre Street, Room 289

New York, NY 10013

Principal Law Clerk: Elizabeth Congdon, Esq.

Email: econgdon@nycourts.gov

Assistant Law Clerk: Arianna Bonné, Esq.

Email: abonne@nycourts.gov

Part Clerk: Dominique L. Jenkins Courtroom Telephone: 646-386-3846

Email: SFC-Part51-Clerk@nycourts.gov Chambers Telephone: 646-582-5076

GENERAL RULES

• All court appearances are IN-PERSON unless otherwise directed by the Court. All requests to

appear virtually must be made at least two (2) days in advance of the appearance by e-mailing the

Principal Law Clerk, the Assistant Law Clerk AND the Park Clerk.

• Parties AND counsel must be present on any calendared court date unless otherwise directed by

the Court.

• All matters are scheduled for a time certain and will begin at the designated time.

• If a party requires a language interpreter, one must be requested by e-mailing the Part Clerk upon

receiving notice of the court appearance.

• All adjournments require prior court approval. Requests for adjournments must be made at least

two (2) days in advance of the appearance by e-mailing the Principal Law Clerk, the Assistant

Law Clerk AND the Part Clerk. All opposing counsel (or the party if they are pro se), including

the Attorney for the Child, where applicable, must be included in the e-mail. Adjournment requests

must include the basis for the requested adjournment and THREE proposed dates/times that work

for ALL SIDES, in ONE JOINT EMAIL. Where applicable, counsel must submit an affidavit of

actual engagement.

• IMPORTANT: Chambers does NOT receive notice when documents are uploaded to NYSCEF;

you MUST send a courtesy copy of the document to Chambers by e-mailing both the Principal

Law Clerk and the Assistant Law Clerk.

• Any attorney seeking to withdraw from a case where a substitute attorney has not yet been retained

must move, by Order to Show Cause, for an Order to be relieved as counsel. The Court will NOT

accept a stipulation in which the litigant consents to proceeding pro se.

• All Judgments of Divorce (JOD) must be submitted within 60 days or the action may be deemed

abandoned and dismissed.

• All Qualified Domestic Relations Orders not submitted with the JOD must be submitted within

45 days of the signing of the JOD and must be accompanied by written plan of approval.

• You are prohibited from recording video or audio, or taking photographs or screenshots, of

any court appearance (see 22 NYCRR Parts 29, 131).

COMMUNICATION

• All e-mails sent to the Court must include the caption and index number of the relevant case in

the subject line.

• All e-mails sent to the Court must include all counsel and any pro se parties as recipients. Ex parte

communication with the Court is strictly prohibited and will not be reviewed or considered.

• Litigation by e-mail is strictly prohibited. All correspondence with the Court, excluding

adjournment, interpreter and virtual appearance requests, must be in letter form and filed to

NYSCEF, with a courtesy copy sent to the Principal Law Clerk and the Assistant Law Clerk.

CONFERENCES

• Preliminary Conferences (PC): WEDNESDAY MORNINGS

o The PC will take place during the case’s first appearance or the return date of the first

motion, unless otherwise directed by the Court.

o ALL PARTIES must be present at the PC unless excused by the Court prior to the

appearance.

o At least two (2) days prior to the PC, counsel must upload to NYSCEF the following

documents:

▪ Completed and signed Matrimonial PC Order (if the parties cannot agree on the

terms in the PC Order, the parties are directed to bring hard copies of proposed PC

Orders);

▪ Sworn Statements of Net Worth;

▪ Child support worksheet and proposed parenting plan, where applicable.

o At the PC, the following documents must be submitted:

▪ Hard copies of the sworn Statements of Net Worth;

▪ Hard copy of the signed PC Order

▪ The parties’ most recently filed state and federal income tax returns;

▪ Each party’s two most recent paycheck stubs.

o Any request for pendente lite relief will only be addressed at the PC with an accompanying

motion.

o At the PC, parties and counsel should be prepared to discuss all substantive issues in the

case, including settlement, to the extent possible and should be prepared to choose dates

for the Compliance Conference, Settlement Conference and Trial.

o In filling out the PC Order, wherever possible, dates certain, such as “by/on December 31,

2025” shall be used. Any section of the PC Order that is inapplicable to the matter must

include “N/A.”

• Compliance Conferences (CC) and Status Conferences (StC): TUESDAY MORNINGS

o The date for the CC will be set by the Court in the PC Order and will be held approximately

60 days after the PC, absent extenuating circumstances and considering case complexity.

o At least one (1) day prior to the CC, the parties are to upload a jointly completed proposed

Compliance Conference Order to be so-ordered by the Court. The proposed Compliance

Conference Order should address any outstanding discovery issues and the failure to do so

may be deemed a waiver of same.

o All discovery shall be completed before the final StC.

• Settlement Conferences (SC): WEDNESDAY AFTERNOONS

o SCs shall be scheduled by the Court on a case-by-case basis ONLY where the parties are

seriously ready and willing to resolve their issues.

o Prior to the SC, the parties are to engage in meaningful settlement discussions.

o At least two (2) days prior to the SC, each party shall e-mail to the Principal Law Clerk,

the Assistant Law Clerk and the Part 51 e-mail, the following:

▪ An updated Statement of Net Worth;

▪ A list of all marital property and proposed distribution;

▪ A proposed custody and parenting time plan, where applicable; and

▪ A short statement no more than two pages in length setting forth the rationale for

their position.

• Pre-Trial Conferences (PTC): TUESDAY MORNINGS

o A Note of Issue shall be filed prior to the PTC.

o At least one (1) week before the PTC, counsel or parties shall exchange and file, via

NYSCEF, the following documents:

▪ A statement of proposed disposition;

▪ Child support worksheet, if applicable;

▪ Updated Statements of Net Worth;

▪ Any expert reports not previously exchanged;

▪ A proposed parenting plan, where custody is at issue;

▪ Most recently filed tax returns;

▪ A witness list, with a meaningful offer of proof for each witness;

▪ Marked pleadings and any pre-trial memoranda;

▪ A list of documents which counsel may stipulate into evidence (documents to be

pre-marked as exhibits); and

▪ Proof of filing of the Note of Issue.

o If the trial concerns the issue of custody ONLY and involves no financial issues, the parties

shall upload to NYSCEF and e-mail a courtesy copy of a proposed parenting plan instead

of a statement of proposed disposition and an updated Statement of Net Worth is not

required. Attorneys for children may file a proposed parenting plan if they wish to do so,

and shall also exchange and file witness and exhibit lists.

o Prior to the PTC, the parties shall attempt to execute a stipulation as to:

▪ The authenticity and admissibility of exhibits; and

▪ Undisputed facts.

o Any pre-trial motions, including motions in limine, shall be filed by Order to Show Cause

at least three (3) weeks prior to the PTC so that they can be made returnable at the PTC.

MOTIONS

• To reduce the need for motion practice, counsel are encouraged to contact the Court by letter,

uploaded to NYSCEF and with a courtesy copy sent to the Principal Law Clerk, the Assistant Law

Clerk and the Part 51 e-mail, requesting a virtual conference.

• All motions SHALL be brought by Order to Show Cause (OSC). Motions made by Notice of

Motion will not be considered.

• Oral argument is required on all motions, unless otherwise directed by the Court. If the movant

fails to appear on the return date, the motion WILL BE DISMISSED without prejudice, unless an

adjournment was granted by the Court prior to the appearance date.

• If the OSC seeks a temporary restraining order or any other interim relief (other than an ex-parte

application for an order of protection), the movant must first contact the Part Clerk to obtain a

date and time to present the OSC to the Court. The movant must then forward a copy of the

unsigned OSC to all parties or their counsel, together with a letter notifying them of the date, time

and location that the parties will be heard on the request for interim relief. All OSCs which request

emergency interim relief require in-person appearances on the record and the parties are required

to attend.

• Ex-parte applications for orders of protection must be accompanied by the Family Protection

Registry Information Sheet and the litigant must be present.

• Motions to consolidate family offense proceedings pending in the Family Court must include a

complete copy of the relevant pleadings and orders (with relevant docket numbers).

• Motions regarding custody and/or visitation are to be filed separately from motions regarding

financial issues.

• Motion papers should include:

o the motion sequence number and return date of the motion on the first page of each

submission;

o table of contents, which should contain a list of each exhibit attached to the motion and,

for non-NYSCEF cases, the exhibits should be marked by tabs;

• Affidavits, Affirmations and Memoranda of Law shall NOT exceed 25 pages double-spaced,

exclusive of the table of contents and table of authorities.

• Sur-replies will not be accepted by the Court without prior approval.

• Do not file CDs, DVDs, flash drives or any other electronic device as part of any motion.

• If the OSC is signed, the Court will, in its discretion, set a briefing schedule and return date.

Failure to comply with the briefing schedule, absent a court order, shall result in any untimely

papers being rejected by the Court. If counsel and/or the parties require an adjournment with

respect to the briefing schedule or the return date, counsel and/or the parties must work together

to find mutually agreed upon times and then must promptly e-mail the Principal Law Clerk,

Assistant Law Clerk and the Part 51 e-mail with their proposed adjourn date(s) with opposing

counsel included in the e-mail.

• Motions seeking financial relief, filed after the PC, must include an updated Statement of Net

Worth. Any opposition filed must also included an updated Statement of Net Worth.

• Discovery motions are strongly DISCOURAGED. Prior to filing a discovery motion, counsel

must consult one another in a good faith effort to resolve any discovery disputes and, in the

absence of a resolution, request a virtual conference with the Court by e-mailing the Principal

Law Clerk, the Assistant Law Clerk and the Part 51 e-mail. Counsel and/or the parties shall upload

to NYSCEF and send a courtesy copy of a prepared log specifically delineating the materials

sought.

• Any pre-trial motions, including motions in limine, shall be filed by OSC at least three (3) weeks

prior to the PTC so that they can be made returnable at the PTC.

• All submissions with respect to a motion must included a certification by an attorney, or self-

represented party, either that no generative artificial intelligence program was used in the drafting

of any affidavit, affirmation or memorandum of law contained within the submission, or that a

generative artificial intelligence program was used but that all generated text, including citations,

quotations and legal analysis was reviewed for accuracy and approved by an attorney, or the self-

represented party. If the certification states that a generative artificial intelligence program was

used, the program must be identified and the documents which include matter generated by the

program must be specified along with which parts of the documents were drafted by the program.

One certification pertaining to a party’s submission comprised of several such documents shall

suffice.

TRIALS & HEARINGS

• All trials and hearings are in-person and all witnesses must appear in-person, unless otherwise

directed by the Court.

• Absent extraordinary circumstances, all trial dates are final and will not be adjourned.

• Hard copies of all trial exhibits shall be brought to the Court on the date of trial as well as uploaded

to NYSCEF.

• Part 51 uses the Virtual Evidence Courtroom for all trials and hearings. Counsel and/or the parties

are required to use the Virtual Evidence Courtroom, whether in-person or virtual, unless otherwise

directed by the Court.

• Counsel and parties must utilize Bates numbering and stamping in the production of documents.

• If counsel or a party intends to offer audio or video evidence, the Court must be given at least one

week’s notice and the party must provide their own technology. 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 storge devices (e.g., USB

flash drives, DVDs, etc.).

• As a general rule, no counsel or party will be permitted to offer a document into evidence unless

the document was disclosed on the previously exchanged exhibit list.

• At the conclusion of the trial, counsel or the parties are to submit proposed Findings of Fact and

Conclusions of Law, un updated spreadsheet listing each item of marital property with their values

and proposed distribution, as established at trial, and, if requested by the Court, a post-trial

memorandum of no more than 15 pages in length.

• Counsel or the parties must retrieve any exhibits from the courtroom within 30 days of the

conclusion of the trial. If any items are not retrieved within a reasonable time, they will be

discarded.

ELECTRONIC FILING (NYSCEF)

• The Court strongly encourages contested matrimonial cases to be e-filed on NYSCEF. To convert

a paper case to an e-file case, please fill out the form located here.

• The following documents requiring the Court’s attention must be filed to NYSCEF, with courtesy

copies sent to the Principal Law Clerk, the Assistant Law Clerk and the Part 51 e-mail:

o Stipulations to be so-ordered;

o Subpoenas for signature;

o Proposed Orders and Judgments for signature.

• 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 PC, are encouraged.

• For all non-NYSCEF cases, papers requiring filing must be filed with either the Ex Parte office,

Matrimonial Support office, County Clerk or Part 51 clerk (as appropriate) at 60 Centre Street,

NY, NY 10007, with a courtesy copy sent by e-mail to the Principal Law Clerk, Assistant Law

Clerk and the Part 51 e-mail, copying all sides.

• All questions regarding e-filing and NYSCEF shall be addressed to the NYSCEF Resource Center

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

VIRTUAL APPEARANCES

• Virtual appearances are conducted via Microsoft TEAMS.

• All conferences with the Principal Law Clerk and/or the Assistant Law Clerk, with the exception

of a PC, are conducted virtually and may be held at the discretion of the Court and/or upon request

of counsel or the parties via e-mail address to the Principal Law Clerk, Assistant Law Clerk and

the Part 51 e-mail, with all counsel and any pro se parties included as recipients.

• If counsel and/or parties are directed to appear virtually, please ensure the following:

o You are in a quiet area with minimal background noise and a strong internet connection;

o Your Microsoft TEAMS application is up to date;

o Your microphone and camera are functioning properly;

o Your child(ren), where applicable, are not present in the room or within hearing range of

the proceeding (where this is not feasible, counsel must immediately notify the Court and

all other counsel).

• Counsel and parties appearing virtually must have their cameras turned on and must not be

walking or operating a motor vehicle during the appearance.

• In the event of a virtual hearing or trial, counsel must ensure that the remote witness is in a suitable

location and able to fully utilize Microsoft TEAMS. Counsel must ensure that the remote witness

is not being coached, assisted and/or signaled in any way.