Hon. William Viscovich — Part 63 Rules

PART 63 - RULES, PRACTICES AND PROCEDURES

JUSTICE WILLIAM A.VISCOVICH

Supreme Court of the State of New York

Queens County: Civil Term

Part 63, Courtroom 23

88-11 Sutphin Boulevard, Jamaica, NY 11435

Courtroom 23 Telephone: (718) 298-1094

Email: QSCPart63@nycourts.gov

Secretary to the Judge: Rita Herman

Principal Law Clerk: Frank Enrico Armano

COMMUNICATION:

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

emails will be considered.

2. Part 63 email is to be used for requesting an adjournment or emergency virtual conference. Please

note, Part 63 is only notified when an Order to Show Cause or Motion is filed on NYSCEF.

Any proposed ordersor stipulations must be sent directly to Part 63'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. Litigants represented by counsel must communicate with chambers through counsel only.

5. DO NOT CALL CHAMBERS UNLESS DIRECTED TO DO SO BY THE COURT.

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. Please adhere to the time for the TEAMS virtual conference. Attorneys are to provide their clients

with the link.

4. Be prompt for all appearances. Failure to appear/ check in may result in dismissal or default.

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. Proper attire is required. Electronic equipment must be turned off while in the courtroom.

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 an appearance is required in another courtroom, that person must promptly advise the Court

Officer or Part Clerk and provide contact information. Failure to notify the Court of may result in

the Court taking the appropriate action.

VIRTUAL CONFERENCES:

1. Attorneys are to share the TEAMS invitation with clients. Other than the first virtual compliance

conference, parties must appear.

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

should be muted when not in use.

3. Recording is prohibited by anyone other than the Official Court Reporter.

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 63 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. If the proposed dates are not available, the Court will select a date.

3. TRIAL DATES WILL NOT BE ADJOURNED BARRING EXCEPTIONAL

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 adjournments on the grounds of 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.

ORDERS OF PROTECTION:

1. The Court SHALL be notified of any Orders of Protection at check in or the calendar call.

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

Information Sheet.

INTERPRETERS:

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.

ALTERNATIVE DISPUTE RESOLUTION/MATRIMONIAL MEDIATION

Email: qscadr@nycourts.gov. 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.

PRELIMINARY CONFERENCE:

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 63 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.

COMPLIANCE CONFERENCES:

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

mornings virtually, unless 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-TRIALCONFERENCES:

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. Proof filing of a Note of Issue

b. Statements of proposed disposition

c. Updated net worth statements with tax returns for the three prior years

d. Child support worksheet, if applicable

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

matter will be set for a firm trial date before this Court or any other part assigned to hear the trial.

Once a caseas 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 that

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. Motions shall be heard live on Tuesdays and the calendar call is at 9:30 a.m., or if a return date is

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

returnable only on the part’s motion day. All motion papers (including opposition and reply) must

state the sequence number on the first page.

4. Counsel and parties are required to appear personally on all motions, live or virtual.

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 COPIES OF ALL MOTION PAPERS ARE REQUIRED IF NOT RESOLVED OR

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

bound and exhibits shall be clearly marked and tabbed or the papers may be rejected.

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-PARTE APPLICATIONS:

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:

A Note of Issue must be filed prior to an inquest being held.

TRIAL:

1. A Note of Issue must be filed prior to any trial.

2. All pleadings must be filed prior to trial.

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;

and ( c) be signed by all parties.

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 Conclusions of Law unless waived by the

Court.

2. Pursuant to 22 NYCRR §202.48, proposed Judgments with proof of service on all parties must be

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.

Effective Date: June 6, 2024