Hon. Catherine M. DiDomenico — Part 11 Rules

HON. CATHERINE M. DIDOMENICO

PART RULES

SUPREME COURT, RICHMOND COUNTY

26 CENTRAL AVENUE, ROOM 210

IAS PART 11/MP11/IDV

Chambers (718) 675-7880

Law Clerk: Kenneth Dale Esq.

Assistant Law Clerk: Joseph Dicicco Esq.

Part Clerk: Katherine Stockton / Nicholas Kiefer (718) 675-7886

IDV Part Clerk: Sabrina Stabile (718) 675- 8913

Chambers Fax (212) 401-9104

CIVIL CASES

Preliminary conferences and compliance conferences on civil cases are conducted by

telephone conference call to Chambers with all counsel on the line. You will receive

notification through the NYSCEF E-filing system when your case has been scheduled for a

conference. Please follow the instructions in that notice and prepare a Proposed Order as

indicated in the paragraph below.

Sample Preliminary Conference and Compliance Conference Orders are annexed hereto for

use in civil cases following your phone conference. Please note that there is a separate OCA

approved Preliminary Conference Order for motor vehicle accidents and matrimonial cases.

All counsel shall prepare joint proposed order to be e-filed at least 24 hours before your

conference is held. You may modify these sample orders to fit the specifics of your case.

MATRIMONIAL CASES

In cases where both parties are represented by counsel, the first conference held in a newly

filed matrimonial case will be held by telephone conference call to Chambers. The initial call

will be followed by an “in person” Preliminary Conference (“PC”). All appearances in

matrimonial cases (other than the initial phone conference) are held “in person” unless the

Court directs otherwise. Counsel are to confer and prepare a proposed PC Order to be e-filed

at least 24 hours before the Preliminary Conference is held. Statements of Net Worth with

three years of supporting tax and financial information must be e-filed before the Preliminary

Conference. Preliminary conferences which include self-represented litigants will be held in

person without an initial telephone conference.

As matrimonial cases are confidential, access to the NYSCEF E-file by non-parties must be

authorized by the Court upon application. However, the courtroom is always open to the

public regardless of the nature of the case being heard.

1

INTEGRATED DOMESTIC VIOLENCE

The Integrated Domestic Violence Part (“IDV”) calendar is heard on Mondays and Tuesdays.

The Criminal Court calendar is called at 9:30 AM, immediately followed by the Family Court

calendar. Please note that the IDV Part is not a “filing part.” Eligible cases are transferred

into the Part on a discretionary basis. Recommendations for eligible cases may be

communicated to the Part Clerk. Screening meetings for transfer eligible cases are conducted

on Fridays. After a case is transferred into the Part it will be assigned a new IDV docket

number. Motions may be filed under the transferred docket number, but additional or

supplemental petitions must be filed in the court of origin and recommended for potential

transfer into IDV. Any questions regarding the transfer or filing process should be directed to

the Part Clerk.

ADJOURNMENT RULES

All adjournments require prior approval of the Court. To request an adjournment, please

contact Chambers via conference call with counsel for ALL parties on the line. Counsel are

requested to NOT seek an adjournment by email. Adjournments of trial or hearing dates will

not be granted absent extraordinary circumstances. Self-represented litigants who are seeking

an adjournment may do so in writing uploaded to NYSCEF provided the request is copied on

all counsel or self-represented parties.

MOTION PRACTICE

Motion, Opposition, and Reply papers must be served in compliance with the CPLR unless

approved by the Court. Oral argument will be held on all motions. Motions will not be taken

on “submission” absent Court approval.

Counsel are reminded that the CPLR does not provide for sur-reply papers or allow the

presentation of papers, emails or letters to the court after argument of a motion. Sur-replies,

letters, and the responses to such letters addressed to the substance of motions will not be

considered unless specifically authorized by the Court.

This Court does not entertain “litigation by letter” and will not consider substantive

applications made by letter or email. All applications for substantive relief must be made by

Motion or by Order to Show Cause.

Discovery Motions in civil cases should not be filed absent prior approval of the Court.

Approval may be requested via conference call with the Law Clerk. All discovery motions

must include a “Good Faith Affirmation” indicating diligent steps taken to avoid the necessity

of a discovery motion.

Summary Judgment Motions must be made within 60 days of filing the Note of Issue.

2

Summary Judgment motions should generally not be made before the filing of the Note of

Issue unless prior Court approval is obtained.

Applications for Default Judgments, or other default relief, will only be considered after the

Court has been provided with an Affidavit of Service and after a Court Notice has been sent to

the defaulting party.

Any application for temporary injunctive relief shall be filed by Order to Show Cause and shall

either provide notice or 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. Generally, 202.70(f) notice must be made at least 24 hours before filing

and shall include the nature of the application to be made or annex a copy of the application.

USE OF ARTIFICIAL INTELLIGENCE (“AI”)

Counsel who have utilized AI to assist them in the preparation of legal documents must

review the same for accuracy and must certify or affirm that they have checked the citations

include therein. Counsel must ensure they are utilizing cases accurately reflecting current

law.

JUDICIAL SUBPOENAS

All “so ordered” or judicial subpoenas must come with a cover letter proffer as to why the

information sought is relevant and necessary and why an attorney’s subpoena will not suffice.

Trial subpoenas should be made returnable to the subpoenaed records room located at

Richmond County Supreme Court at 26 Central Avenue, Staten Island, New York, 10301

(718-675-8700).

PRE-TRIAL MATTERS

The Note of Issue shall be filed prior to the pre-trial conference and in accordance with the

Compliance Conference Order. In civil cases, the Note of Issue must not be filed until after a

certification conference is held and a Certification Order is uploaded to NYSCEF. In

matrimonial cases, the Note of Issue must be filed at least twenty-four hours before a

scheduled Inquest date.

At least 24 hours before a Matrimonial Pre-Trial Conference, Counsel are required to file:

(1) Marked Pleadings

(2) A list of potential witnesses with proffers

(3) A copy of any Deposition Transcripts that Counsel intends to use at trial.

(4) Updated Statements of Net Worth

3

(5) A list of documents which can be stipulated into evidence

(6) All motions in limine shall be made at the pre-trial conference, or prior to the

commencement of trial.

TRIAL / INQUEST

Counsel shall pre-mark all exhibits they plan to introduce at trial. Plaintiffs will number their

exhibits. defendants will letter their exhibits. The Court is to be provided with a courtesy

copy of all items marked into evidence.

No consent adjournments will be accepted after trial dates are set. In the event the action is

resolved prior to the trial date, counsel are expected to notify Chambers.

Civil Jury Trials will require all counsel to prepare a document proposing PJI sections that

they wish to be charged to the Jury and prepare a proposed verdict sheet. All counsel must

use the most recently published Pattern Jury Instructions unless all parties and the Court

stipulate in writing to use a prior year.

Matrimonial Inquests may be held remotely via Microsoft Teams, provided the parties

have e-filed the following documents at least twenty-four hours before the Inquest date: (1)

Signed Stipulation of Settlement, (2) proposed Judgment of Divorce and Findings of Fact, (3)

Note of Issue, (4) Certificate of Dissolution, and (5) all ancillary documents required by the

Matrimonial Clerk’s office. The Inquest transcript must be purchased by the parties and e-

filed upon receipt.

FAILURE TO COMPLY WITH ANY OF THESE PART RULES MAY RESULT IN

PRECLUSION OR OTHER SANCTION.

FORMS

Matrimonial PC Order

Matrimonial CC Order

Motor Vehicle PC Order

Civil PC Order

Civil CC Order

4