Hon. Sandra M. Munoz — Part 53 Rules

PART53 - RULES,PRACTICES AND PROCEDURES

JUSTICESANDRA M.MUNOZ

SupremeCourtoftheStateofNewYork

Queens County: Civil Term

Part53,Courtroom505

88-11SutphinBoulevard,Jamaica,NY11435

Courtroom53:Telephone:(718)298-1110

Email:QSCPart53@nycourts.gov

Principal Law Clerk: Dorian E. Rojas, Esq.

Assistant Law Clerk: CaelahS.Chavis, Esq.

Part 53Clerk/Courtroom: (718) 298-1110

Part 53Email: QSCPART53@nycourts.gov

COMMUNICATION:

1. All attorneys and/or self represented litigantsmust be included on any call or email. No ex parte

emailswillbeconsidered.

2. Part53emailistobeusedforrequestinganadjournmentoremergencyvirtualconference. Please

note, Part 53is only notified when an Order to Show Cause or Motion is filed on NYSCEF.

Any proposed orders or stipulations must be sent directly to Part 53's email.

3. If requesting a conference, briefly state the reason for the call or email. Do not state any

substantive facts or include arguments. Do not attach any document other than a signed

stipulation unless requested by the Court.

4. Litigantsrepresentedbycounselmustcommunicatewithchambersthroughcounselonly.

5. DONOTCALLCHAMBERSUNLESSDIRECTEDTODOSOBYTHECOURT.

APPEARANCES:

1. THIS IS A MANDATORY APPEARANCE PART, WHETHER IN PERSON OR ON A

VIRTUAL CONFERENCE, with the exception of the first compliance conference if it is

scheduled as a virtual appearance.

2. For live appearances, the calendar call is at 9:30 a.m. unless the matter is scheduled for a

time certain. All parties/counsel are to check in by 10:00 a.m. The second call is at 10:30 a.m.

3. PleaseadheretothetimefortheTEAMSvirtualconference.Attorneysaretoprovidetheirclients

with the link.

4. Bepromptforallappearances.Failuretoappear/checkinmayresultindismissalordefault.

5. A notice of appearance shall be properly filed in the Office of the County Clerk and the

Matrimonial office with a courtesy copy to the part clerk.

6. Upon withdrawal of an attorney, there must be a properly filed Consent to Change Attorney

filed with a copy to the Part Clerk.

7. Two business cards are to be submitted to the Court at the first live appearance on all matters or

upon the substitution of an attorney.

8. Properattireisrequired.Electronicequipmentmustbeturnedoffwhileinthecourtroom.

9. Children of the parties are not permitted to observe their parents’ contested matrimonial

proceedings. Minor children are not permitted in the courtroom, except by permission of the

Court and should not be present at the location when a party is appearing virtually.

10. If you must appear in another courtroom, promptly inform the Court Officer or Part Clerk

and provide contact information. Failure to do so may result in appropriate action by the

Court.

VIRTUAL CONFERENCES:

1. Attorneys are to share the TEAMS invitation with clients.All parties must appear at all virtual

conferences unless the Court instructs otherwise.

2. Cameras must be turned on at all TEAMS appearances, otherwise the case will be

adjourned for an in-personappearance.

3. Courtroom rules and decorum apply. One person speaks at a time. No interruptions Microphones

should be muted when not in use.

4. RecordingisprohibitedbyanyoneotherthantheOfficialCourtReporter.

ADJOURNMENTS:

1. Requests for adjournments shall be made at least 24 hours in advance (unless in case of

emergency) after contacting all parties, including the attorney for the child(ren). To request an

adjournment, contact the Park Clerk through the Part 53 email. Do not call Chambers. Counsel

shall prepare a stipulation including the caption and index number of the case, the appearance

date, several available adjourn dates, and a brief reason for the adjournment. Please note, next

available dates are generally several months out.

2. Iftheproposeddatesarenotavailable,theCourtwillselectadate.

3. TRIALDATESWILLNOTBEADJOURNEDBARRINGEXCEPTIONAL

CIRCUMSTANCES APPROVED BY THE JUDGE.

4. All adjournments are subject to final approval by the Court. Counsel/parties are required to

confirm all adjournment requests. If you do not receive confirmation, you must appear.

5. All adjournmentson the groundsof engagement of counsel shall be granted only if in accordance

with the Rules of the Chief Administrator. Affirmations must be emailed to the Court and

opposing counsel at least one day prior to the appearance.

6. All adjournments with interpreters shall be made at least 24 hours in advance and the court must

be notified that the interpreter is no longer needed.

ORDERS OF PROTECTION:

1. TheCourtSHALLbenotifiedofanyOrdersofProtectionatcheckinorthecalendarcall.

2. Any requests for an Order of Protection must include a proposed order and a Family Registry

Information Sheet.

INTERPRETERS:

1. Notification for Court Interpreter Services shall be made to the Court upon the initial filing of the

Request for Judicial Intervention or motion or any other application to the Court, but not less than 24

hours prior to the first appearance. At check in or calendar call, the Court shall be reminded of the

need for an interpreter.

2. The court must be notified at the time of any adjournment request if Interpreter Services were requested.

ALTERNATIVE DISPUTE RESOLUTION/MATRIMONIAL MEDIATION:

1. Email: qscadr@nycourts.gov.

2. The Queens County Supreme Court's Matrimonial Mediation Program links divorcing couples to

trained mediators and neutral evaluators to help reach agreements on parenting and economic matters.

The Court mediation program is designed ONLY for litigants who already have a case pending in this

Court before a Judge in a Contested Matrimonial Part.

PRELIMINARYCONFERENCE:

1. Preliminary conferences are held in the Matrimonial Preliminary Conference Part. Please refer to

their rules located on the Court’s website. Do not contact Part 53 regarding scheduling and

adjournments of the Preliminary Conference.

2. If the first appearance before the Court is on an Order to Show Cause, the parties must

simultaneously request a PC from the Preliminary Conference Part or submit a signed proposed

PC Order.

COMPLIANCECONFERENCES:

1. The first compliance conference after a preliminary conference shall be held on Wednesday

mornings virtually, or in person if the parties are unrepresented or otherwise directed by the

Court. Thereafter, the conferences will be virtual or live, as determined by the Court.

2. For live appearances, before the call of the compliance calendar, counsel and/or self-represented

litigants must complete the Compliance Conference Order for conference with the Court or Law

Clerk.

3. Counsel attending the conference must be fully familiar with and authorized to settle, stipulate or

resolve or dispose of any issues or the action.

4. A Note of Issue shall be filed in accordance with the Compliance Conference Order or other

Order of the Court.

PRE-TRIAL CONFERENCES:

1. All attorneys participating in the Pre-Trial conference must be fully familiar with and authorized

to settle such action. All counsel must provide the Court with the following:

a.ProoffilingofaNoteofIssue

b.Statementsofproposeddisposition

c.Updatednetworthstatementswithtaxreturnsforthethreeprioryears

d.Childsupportworksheet,ifapplicable

2. In the event the matter remains unresolved at the conclusion of the Pre-Trial conference, the

matter willbe set for a firm trial datebefore this Court or any otherpart assigned to hear the trial.

Once a case has been assigned a trial date, it is presumed ready for trial.

3. Pursuant to 22 NYCRR § 202.16(g), all expert reports are to be exchanged and filed with the

Court 60 days before the date set for trial. Reply reports, if any, shall be exchanged no later than

30 days before the trial date.

4. Both sides must otherwise comply with Section 202.16 of the Uniform Rules for the New York

State Trial Courts no later than 30 days prior to trial unless otherwise directed by the Court.

MOTIONS:

1. Motionsshallbeheard live on Tuesdays and thecalendarcallis at9:30 a.m., orif areturn dateis

scheduled for a virtual appearance, then at that allotted time. Any motion not resolved or

submitted on the first appearance date shall be adjourned for a live appearance.

2. To reduce the need for motion practice, counsel are strongly encouraged to contact the

Court by email prior to filing a motion seeking a conference.

3. All motions must conform to the Uniform Rules 22 NYCRR § 202.5(a). Motions shall be made

returnableonlyonthepart’smotionday.Allmotionpapers(includingoppositionandreply)must

state the sequence number on the first page.

4. Counselandpartiesarerequiredtoappearpersonallyonallmotions,liveorvirtual.

5. After oral argument or submission of a motion, sur-replies, memoranda and letters addressed to

the substance of the pending motion will not be considered without prior permission.

6. If a motion has been brought by Order to Show Cause, affidavits of service are required to be

filed prior to the return date.

7. Any Notice of Motion noticed without the Court’s approval shall be subject to the Court’s

availability and may be administratively adjourned.

8. The Family Court petition and any existing Orders must be submitted with applications to

consolidate.

9. Any pending motions will be deemed withdrawn upon the settlement of the case unless explicit

provisions are made for its preservation.

10. HARD COPIESOF ALL MOTION PAPERS AREREQUIRED IF NOT RESOLVEDOR

SUBMITTED AT THE FIRST APPEARANCE ON THAT MOTION. All papers shall be

boundandexhibitsshallbeclearlymarkedandtabbedorthepapersmayberejected.

11. Any application for child support shall include a completed Child Support Standards Act

Worksheet.

12. All emergency applications shall be heard by the Court upon proper notice pursuant to 22

NYCRR § 202.7.

EX-PARTEAPPLICATIONS:

1. Any application for temporary injunctive relief shall contain an affirmation demonstrating there

will be significant prejudice to the party seeking the restraining order by giving notice. In the

absence of a showing of significant prejudice, an affirmation must demonstrate that a good faith

effort has been made to notify the party against whom the restraining order is sought in

accordance with 22 NYCRR § 202.7.

2. Counsel are required to have their clients present, unless excused by the Court. The Court may

require witness testimony.

INQUEST:

1. ANoteofIssuemustbefiledpriortoan inquestbeing held.

2. In Person inquests are preferred.

3. Effective immediately, inquests are required in place of 60-day orders.

TRIAL:

1. ANoteof Issuemustbefiledpriortoany trial.

2. Allpleadingsmustbefiledpriortotrial.

3. Trials and hearings will be scheduled by the Court. All attorneys and parties may only

use the evidence that is listed on their respective pretrial exhibits and witness lists in

compliance with the Pre-Trial Order. Precluded evidence or non-compliance with a Pre-

Trial Order is subject to further evidentiary rulings where appropriate.

4. Cases placed on the trial calendar with a firm date will not be adjourned unless counsel is

actually engaged as set forth in the Uniform Rules and provides an affirmation attesting

to the engagement. Failure to be ready to proceed to trial may result in a judgment of

default or a dismissal.

5. NOTIFY CHAMBERS IMMEDIATELY if the action is resolved prior to the

scheduled trial date. The Court will advance an inquest date if the action is resolved

prior to trial. All stipulations of settlement must be: (a) in writing; (b) comport with the

Domestic Relations Law; (c) be signed by all parties; (d) filed in NYSCEF; and (e) a

courtesy copy emailed to the Court.

6. Parties will need to notify the court more than twenty-four (24) hours prior to the trial

date if a video display/TV cart is required as well as the need for virtual evidence rooms.

Court requires hard copies of all documentary evidence and any video/audio recording on

thumb drives. Counsel must be prepared to play any audio/video evidence on their own

laptop/device with an HDMI port.

7. If an interpreter is necessary for a party or a witness, notice to the court must be given at

least one week prior to the trial. If the trial is scheduled for multiple days, the requesting

attorney must specify the date the interpreter will be needed and be prepared to call their

witness on that day.

JUDGMENTS:

1. After trial, the parties and the attorney for the child(ren), if any, shall submit by email, a

post-trial proposed Findings of Fact and proposed Conclusionsof Law unlesswaived by the

Court.

2. Pursuantto 22 NYCRR§202.48,proposed Judgments with proofof serviceon allpartiesmustbe

submitted for signature within 60 days of a trial decision unless otherwise directed by the Court.

3. Pursuant to the Domestic Relations Law, the Court will conduct statutory registry checks and

advise counsel and parties of the results. If further inquiry is required, the Court may require an

appearance by parties and counsel.

EffectiveDate:June 5, 2025