Hon. Mark A. Cuthbertson — Part 80 Rules

SUPREME COURT OF THE STATE OF NEW YORK

I.A.S. PART 80 - SUFFOLK COUNTY

RULES & PROCEDURES

Eff: 4/1/2026

HON. MARK A. CUTHBERTSON, J.S.C.

Part Email: sufCuthbertson@nycourts.gov

Chambers: (631) 208-5921

Principal Law Clerk: Matthew DeLuca, Esq.

mdeluca@nycourts.gov

Secretary: Yvette Stephens

ystephen@nycourts.gov

______________________________________________________________________________

These rules are in addition to the Uniform Rules for New York State Trial Court and

the Local Rules of Court. Please note that these Rules are subject to change. Counsel are

encouraged to consult the most recent version of these Rules on the Court’s website at:

https://ww2.nycourts.gov/COURTS/10jd/suffolk/SC_Rules.shtml.

I. ADJOURNMENTS

A. Conferences/Motions and Submissions:

1. Applications for adjournments of conferences, motions and/or

submission shall be made by contacting Chambers, no later than 3:00 p.m. on

the business day prior to the scheduled conference or motion return date by

emailing the Court and uploading a letter to NYSCEF regarding the request.

All applications shall be made after consultation with all attorneys on the file,

ON CONSENT OF ALL SIDES and PRIOR COURT APPROVAL. There

should be at least three dates obtained from all Counsel as to their availability

prior to submitting requested adjournment dates.

2. In the event all Counsel do not consent to the adjournment, an

application shall be made by letter and if necessary, a conference with the Court

no later than 3:00 p.m. on the day preceding the scheduled conference

appearance or motion. Counsel requesting said adjournment shall coordinate

an available time for the conference with their adversary and the Court. Please

note, the Court, in its discretion, may grant the adjournment over objection

without the need for a conference.

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3. ALL ADJOURNMENTS, which have been approved by the Court,

MUST be confirmed with a letter to the Court by email (to the Court and all

parties) and uploaded to NYSCEF. The letter shall include the parties’ names

and index number, that the adjournment request was granted, indicating if it

was on consent or over opposing Counsel’s objection, the initial scheduled date

and the new return or conference date and time. If a conference date is

adjourned, any motion also returnable that day, unless specifically indicated

and agreed between Counsel and the Court, shall be adjourned to the next

scheduled conference date. If the application is based on Counsel’s actual

engagement on another matter, an Affirmation of Actual Engagement in

conformity with 22 NYCRR § 125 shall be submitted in lieu of a letter with the

above information included, copied to all Counsel.

4. Fridays are “SUBMISSION” only dates. Generally, there will be no

conferences scheduled for Fridays, except at the Court’s discretion. A request

to adjourn a divorce packet submission shall be made by letter to the Court. In

such cases, failure to request an adjournment may cause the matter to be

dismissed for failure to submit the packet pursuant to the submission order.

B. Preliminary Conference:

1. All Counsel and Parties SHALL attend the Preliminary Conference in

person. No Preliminary Conferences shall be adjourned absent a compelling

reason. Counsel shall complete the Preliminary Conference form prior to

appearing on the conference date. The forms are currently available in the

courtroom and available on the Suffolk County web page and may be emailed

on request.

2. Counsel are directed to comply with all Discovery, Certification and

Note of Issue dates. Unless otherwise agreed to in a written, signed Stipulation

and consent by the Court, discovery dates will not be extended. In the event

Counsel cannot agree, Counsel are required to contact the Court to schedule a

conference call prior to making any formal motion. Certification and Note of

Issue dates may not be extended absent approval of the Court.

II. MOTIONS

A. Pre-Motion Rules: on pending cases

1. Except in an emergency situation or where an affirmation is presented

demonstrating a significant prejudice to the moving party by giving prior notice,

Counsel are strongly encouraged to contact the Court and request a Court

Conference prior to the making of any motion in order to allow the Court to

assist in a possible resolution. The Court may require all parties and Counsel

to appear in person to address the issue.

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B. Submission of Motions:

1. All motions will be marked “Submitted” on the return date unless

otherwise determined by the Court. Affidavits in Opposition and/or Affidavits

in Reply must be submitted to the Motion Clerk or e-filed on NYSCEF no later

than 2:00 pm on the return date.

2. No opposition/reply papers received, submitted or e-filed to NYSEF

after 2:00 pm on the return date will be accepted except for good cause

shown made by letter request on notice to all parties. Cross-Motions with

Affidavits in Opposition to the original motion will be calendared on the return

date of the original application. Counsel should ensure that the original motion

is adjourned to the return date of the Cross-Motion for all papers to be

considered. Counsel’s failure to file any motion or responsive papers by 2:00

pm on the return date shall not be a basis for a motion to renew or reargue.

3. All motions are submission only and no appearances are required unless

otherwise directed by the Court.

4. Motions are to be served and filed in compliance with CPLR § 2214, 22

NYCRR Part 202.8-b and in accordance with the NYSCEF filing rules if all

parties have consented to participate in the NYSCEF filing system.

5. Pursuant to 22 NYCRR 202.8-c, sur-replies, memoranda, and letters

addressed to the substance of the pending application will not be considered

without express prior permission of the Court.

6. Pendente Lite Motions – All motions seeking pendente lite relief must be

in compliance with 22 NYCRR § 202.16 to be properly considered. Any

application and response related to child support shall include a Child Support

Standards Act worksheet. All applications and responses for pendente lite

maintenance shall include a worksheet and calculation pursuant to the

applicable maintenance guideline in effect as of the date of commencement of

the action as well as an affidavit of net worth. Any request for deviation from

the Child Support standards Act or maintenance guidelines must articulate

which of the deviation factors the moving party is relying upon and the reason

for the deviation request.

7. Motions to Consolidate – Copies of the Family Court petition and any

existing orders must be submitted with the application to consolidate. All

orders to show cause and motions for consolidation must be served on all

attorneys who have appeared or been appointed in the Family Court if there is

presently an action pending in Family Court. ALL MOTIONS TO

CONSOLIDATE MUST INCLUDE THE NEXT DATE THE PARTIES

ARE SCHEDULED TO BE IN FAMILY COURT AND THE NAME OF

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THE ASSIGNED JUDGE, REFEREE, OR SUPPORT MAGISTRATE.

8. Contempt Motions – All motions for contempt must be made by Order

to Show Cause in conformity with the Judiciary Law and must contain the

required warning in correct type face and type size.

9. Every attorney or party who uses an artificial intelligence (AI) tool in

preparing any paper submitted to this court is expected to understand that tool’s

capabilities and limitations. Attorneys and parties need to be aware that AI

tools, among other risks and limitations, can generate fabricated information

or fictitious citations to authority (commonly known as hallucinations). Under

existing authority, by signing a paper and submitting it to this court, an attorney

or party certifies that the paper does not contain any false material factual

statement or any frivolous legal argument (see, e.g., 22 NYCRR 130-1.1, 130-

1.1a), and an attorney who submits any paper to this court is additionally

bound by the Rules of Professional Conduct. Accordingly, any attorney or

party who uses an artificial intelligence tool, as defined in 22 NYCRR 161.2(a),

in preparing any paper, as defined in 22 NYCRR 161.2(b), filed in or submitted

to this court or served on another party in a case before this court is required to

carefully review the paper and independently ensure that it contains no

fabricated or fictitious cases, statutes, or other material. By signing such paper,

an attorney or party certifies that such a review has been conducted and that

the paper contains no such fabricated or fictitious content. If this court

determines that this requirement has not been satisfied, such attorney or party

may be subject to sanction or other remedial action.

C. Application for a Stay or Temporary Restraining Order:

1. Any Order to Show Cause seeking injunctive or emergency relief,

including a stay or TRO, must be made in accordance with 22 NYCRR § 202.7

(f) or § 202.8-e. The moving party shall advise all sides and the Court as soon

as practicable of Counsel’s intent to make the application.

2. Counsel SHALL NOT notice a specific time for a motion to be heard

without first contacting Chambers regarding the Court’s availability. If an

application is e-filed, there is no guarantee that it will be heard on the day of

filing. Upon review of the papers, the Court, if it deems appropriate, will

contact the moving party and advise as to the Court’s availability to hear oral

argument regarding the temporary relief requested. All appearances on

emergency or injunctive relief arguments are in person with all parties and

Attorneys present. (Failure of Counsel to appear, absent a compelling reason

on notice to the Court, shall be deemed a waiver of their right to participate.)

D. Interim, Partial or Full Settlement:

If all or part of a motion has been settled, Counsel shall forward an original

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Stipulation of Settlement to the Court along with a letter from the movant, on

notice to all sides, indicating the return date of the motion and setting forth, in

detail, what aspects of the motion have been settled and what issues remain to

be decided. In the event the motion has been resolved in its entirety, the

movant’s letter shall indicate same and shall confirm that the motion is either

marked “settled” or “withdrawn”.

E. Judgment Submission packets

1. A sixty (60) day Order will be issued upon the settlement or trial

decision of a matter. Pursuant to 22 NYCRR 202.48, proposed judgments with

proof of service on all parties must be submitted for signature within sixty (60)

days, unless otherwise directed by the Court. If additional time is necessary, an

adjournment request must be forwarded via NYSCEF and emailed to the Court

requesting additional time to submit the final packet.

2. No more than two (2) adjournments will be granted to submit a

judgment packet. The third request, except for good cause shown, will require

a Court appearance of all parties and attorneys. Failure to appear may cause

the action to be dismissed.

F. POST- JUDGMENT MOTIONS

1. Post-judgment applications must be brought by order to show cause if

there are no presently pending post-judgment applications with service as

directed by the Court.

2. Initial post-judgment applications must be personally served on the

adverse party unless such service is waived by the Court or adversary. Service

on prior counsel is defective service.

3. Case law requires that a new retainer agreement be entered into by the

litigant and counsel for post-judgment representation even if the attorney was

the attorney of record on the underlying action.

III. COURT APPEARANCES

A. All Court appearances are in person and all Parties and Counsel are expected

to appear at all scheduled Court dates unless otherwise excused by the Court.

All Counsel and parties are to appear timely and if running late, shall contact

the Court and opposing Counsel as a courtesy, as soon as practicable.

B. All Attorneys and Pro Se litigants must check in with the Court Clerk. Counsel

are requested to leave their cell phone numbers with the Court Clerk, in the

event they are leaving the part.

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C. Chambers staff and the part clerk must be notified via the Part Email at least

three (3) court days in advance of each court proceeding (including conferences,

oral arguments, hearings, or trial) if a court interpreter is needed. Note that

requests for interpreters must be made at least ten (10) days before the

preliminary conference. You must provide the language and dialect (if

applicable) for the requested interpretation service.

D. Counsel who appear before Court, whether virtually or in person, must be

properly attired, familiar with the case they appear on, and be fully prepared

and authorized to discuss and enter a resolution to those issues before the Court.

Failure to comply with this rule may be treated as a default under Rule 202.7

and may be considered in a determination of any award of Counsel fees or

expenses.

IV. VIRTUAL CONFERENCES

A. The Court has returned to an in-person model, with some virtual appearances

permitted by direction of the Court. Preliminary conferences will always be in-

person unless otherwise directed by the Court.

B. All Virtual Conferences are scheduled as time certain conferences. If Counsel

is unavailable or late to said conference, the Court, in its discretion, may

adjourn the conference to a later time or date.

C. If a Virtual Conference is to include the Parties, Counsel shall make certain,

prior to the conference, that their respective clients have the necessary link and

equipment (microphone and camera) to be included in the virtual conference.

Litigants must also take steps necessary to ensure no children can overhear or

witness any court appearances and/or proceedings.

D. Parties and Counsel should join the virtual proceeding 10 minutes before the

scheduled start time to test audio and visual equipment so as not to keep the

judge and court staff waiting.

E. Participants should mute their microphones when not speaking to reduce

background noise interference and ensure that they are participating from a

location without background noise.

F. Court rules prohibit the recording of any proceedings or conferences except by

the official court reporter. The use of third-party software to transcribe or

summarize proceedings or conferences is likewise prohibited by OCA policy.

IV. COMMUNICATION WITH CHAMBERS

A. All communication with Chambers by NYSCEF, letter or email (to

sufCuthbertson@nycourts.gov, not directly to the Judge’s email address) must

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be copied to all sides and shall include case caption, the full names of the parties,

the date the matter next appears on the Court’s calendar, and the index number.

If all parties have consented to utilize NYSCEF, all communication to the

Court shall also be uploaded to the NYSCEF case file.

B. Emails to the Court should only be sent during courthouse business hours,

NOT after courthouse business hours, on weekends, or on holidays.

C. All communications, either written or oral, must be civil, free from any

profanity and respectful to the sanctity of the Court process. Please note that

parties may NOT litigate any issues by way of e-mail messages absent

express court permission.

D. The Court will not consider any ex parte communication on any issue. All

communication to the Court should be on notice to all Counsel or parties.

Parties represented by counsel are not to communicate with chambers or the

Court directly.

E. Counsel SHALL NOT send copies of any correspondence between Counsel to

the Court. Any such correspondence will be disregarded by the Court.

V. SANCTIONS

Any application for sanctions must be supported by the applicable statute under

which the application is made.

VI. TRIAL RULES: APPLICABLE TO ALL TRIALS AND HEARINGS

A. A Note of Issue and Statement of Proposed Disposition shall be filed prior to

trial. The requisite fee with the County Clerk shall be paid and ensure that the

Note of Issue and Statement of Proposed Disposition is submitted to the

Matrimonial Clerk who will then assign a calendar number.

B. After a matter has been certified as trial ready, the Court shall set a date for a

pre-trial conference. Counsel with knowledge of the case and the parties must

attend. There will be no adjournments without the Court’s consent. At the

pre-trial conference, the Court shall provide for the submission or scheduling

of the following:

1. In Limine applications must be made on notice to all parties at least ten

(10) days prior to the pre-trial conference and be returnable on the pre-

trial conference date. Opposition papers, if any, must be made no less

than five (5) days prior to the pre-trial conference. No reply papers are

permitted. For applications relating to an evidentiary dispute, copies of

any disputed exhibits shall be annexed to the submission.

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2. Counsel shall inform the Court whether there are any motions

outstanding or issues referred to trial and copies of the motions shall be

made available to the Court.

3. Annotated Statements of Proposed Disposition in which all of the

criteria listed in the statute are provided and Counsel’s position stated

as to each such criteria for both equitable distribution and maintenance

issues shall be submitted.

4. Exhibits: If the parties are not utilizing the Virtual Evidence Courtroom

portal (VEC), the parties must pre-mark exhibits. A single combined

exhibit list should be presented to the Court in advance of the

proceeding. The Exhibit List must state each pre-marked exhibit

number, or letter, and provide a brief description of the exhibit (Ex.

"Exhibit 1 - Summons with Notice"). The list must indicate which

exhibits can be admitted into evidence on consent. All other exhibits

must be marked for identification only. As to those exhibits marked for

identification, the Court will address their admissibility In limine or

during the trial, as may be appropriate.

If utilizing New York State Electronic Filing System Virtual Evidence

Locker (“VEC”), the exhibit list and exhibits must be uploaded to the

VEC in advance of the start of the proceeding, pursuant to the trial

scheduling order. Please note that the VEC is a separate tab in NYSCEF.

Exhibits are not to be uploaded to the Document List.

5. Trial Notebook: If the Parties are not using the VEC, a trial notebook is

mandatory unless the Court directs otherwise. Hard copies of exhibits

must be received by the Court pursuant to the trial scheduling order.

The exhibits must be bound together in a binder or book and separated

by tabbed dividers indicating the exhibit number or letter. Two copies

of the exhibit binder/book must be provided to the Court. The Parties

and Counsel must appear in Court on the date of the proceeding with

Exhibit Binders/Books identical to those provided to the Court. This

will obviate the need to pass papers between Counsel, the Court, and

Court staff during in-person proceedings. At the conclusion of the trial

all exhibits not received into evidence will be removed from notebooks

and returned to Counsel.

6. At least three (3) days prior to the pre-trial conference, Counsel shall

have exchanged in accordance with CPLR and/or Court rules and

submit to the Court:

a. Marked pleadings

b. A list of proposed witnesses

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c. A list of all proposed exhibits

d. A list of all expert witnesses with copies of their reports, which

will have been served at least thirty (30) days before trial

e. Net worth statements updated within thirty (30) days of trial.

7. In complex financial cases, Counsel are encouraged to utilize the

voluminous writing exception to the best evidence rule (see Ed Guth

Realty, Inc. v. Gingold, 34 N.Y.2d 440, 452 (1974)). The rule saves time

and counsel fees by creation of a chart outlining the documentary

evidence sought to be admitted. The backup documents that verify the

content of the chart must be sent to opposing counsel so they can verify

the underlying documents and test the accuracy of the chart prior to trial.

The proposed exhibit should be exchanged ten (10) days before trial.

8. Parties are encouraged to Stipulate, in writing, to any and all relevant

and material facts (“Stipulated Facts”) that are not and should not be in

dispute. A statement of stipulated facts, if relevant, shall be provided to

the Court at least three (3) days prior to the pre-trial conference.

9. If Deposition transcripts are to be utilized, a copy of the witnesses'

deposition transcript should be made available to the Court. Counsel

for the parties shall consult prior to trial and shall, in good faith, attempt

to agree upon the portions of deposition testimony to be offered into

evidence without objection. The parties shall delete from the testimony

to be read the questions and answers that are irrelevant to the point for

which the deposition testimony is offered. Each party shall prepare a

list of deposition testimony to be offered to which no objection has been

made and a separate list of deposition testimony as to which objections

have been made. At least one [1] day prior to trial, or such other time

as the Court may set, each party shall submit its list(s) to the Court and

other Counsel. The Court will rule upon the objections at the earliest

possible time, after consultation with Unless the Virtual Evidence

Courtroom is being utilized, both sides shall have available at least three

[3] copies of all deposition transcripts and prior statements ([4] if there

is an Attorney for the Child(ren)), which are expected to be read into

the record or utilized on cross examination at the trial Counsel.

10. Unless the VEC is being utilized, both sides shall have available at least

three [3] copies of all exhibits ([4] if there is an Attorney for the

Child(ren)) which are expected to be introduced into evidence. If the

Virtual Evidence Courtroom is being utilized, the parties must bring at

least 2 copies of evidence for utilization by the witness.

11. Unless the VEC is being utilized, both sides shall have available at least

three [3] copies ([4] if there is an Attorney for the Child(ren)) of any and

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all of the following:

a) relevant orders issued by another Court, such as final orders of

custody, support, or temporary or permanent order of protection;

b) any order of this Court that refers issues raised in motion practice

to trial of the action;

c) any relevant "So-Ordered" Stipulations of this Court, as well as

transcripts of Stipulations read into the record in open Court

during the pendency of the action; and

d) any properly executed and acknowledged stipulation or

agreement relating to material issues in this action.

12. On the date the trial is scheduled, Counsel are expected to be prepared

to discuss settlement of all unresolved issues and to have complied with

each of the trial rules set forth herein.

13. All trials and hearings may continue day-to-day until completed, subject

to the Court's availability.

14. Objections should be stated without argument, except to state the

grounds, (e.g., hearsay, relevance, etc.). If further argument is

appropriate, it will be invited by the Court. Speaking objections are

prohibited.

15. Closing Arguments/Summations: It shall be determined by the Court,

in consultation with Counsel, whether oral closing arguments are to be

made, or if a post-trial memorandum will be submitted. If oral closing

arguments will be made, said arguments shall not exceed thirty (30)

minutes and will be scheduled to begin immediately after the trial has

concluded.

If a post-trial memorandum is required, said memorandum shall be

submitted by both sides, as well as the Attorney for the Child(ren)

simultaneously, said submission date to be determined by the Court.

Post-trial memorandums shall contain the following clearly delineated

sections:

a) a chronological procedural history of the action, including copies

of all relevant orders, written stipulations, and transcripts of

stipulations placed on the record;

b) a recitation of the issues to be determined;

c) an in-depth summary of the testimony of each witness;

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d) a summary of the findings of any expert report received in

evidence;

e) a summary of the exhibits in evidence;

f) a detailed recitation of Counsel's contentions as to the testimony

and exhibits in evidence; and applicable law.

Post-trial memorandums will be marked as Court Exhibits and shall be

part of the record.

A copy of each Parties’ post-trial memorandum shall be served on all

other Parties, simultaneous with such filing with the Court. Responses

to the post trial memorandums are prohibited and will not be considered.

16. Applications for counsel fees must include retainer agreement, copies of

billing records and affirmation of services. If the parties do not stipulate

to the issue of the final counsel fee award being decided on submission

of papers, the Court must hear testimony at the conclusion of trial on

the issue. Submission of documents can be uploaded through e-filing,

where the case has been converted on consent, or other methodology as

permitted by the Court on a case-by-case basis, pursuant to ongoing

virtual trial protocols.

17. Proposed Judgments of Divorce, and Findings of Fact and Conclusions

of Law are to be submitted within sixty (60) days after the Court renders

its decision. The submission of the Divorce Packet will NOT be

adjourned unless expressly permitted by the Court for good cause shown.

18. Trial Counsel will be contacted when they may appear to obtain their

respective copies of any exhibits.

VII. REFEREE REFERRALS

Referrals to referee parts are expected to be trial ready on the date selected for trial and

prepared to be heard day-to-day thereafter. These referrals are NOT for the purpose of

extensive conferencing and the dates selected should not be adjourned, without good

cause. Referees will notify the referring justice of any adjournments. The Referral

Order must specify the exact issue being referred to the Referee. Referrals on the issue

of contempt can only be to hear and report.

VIII. MISCELLANEOUS

A. Attorneys of Record - Attorneys who have appeared in the matter are to make all

appearances until they are relieved by the Court or a fully executed Consent to

Change Attorney form pursuant to CPLR § 321 has been filed with this Part and

with the Clerk of the Court. All appearances by Counsel shall be in compliance

with 22 NYCRR 202.16 (e)(2).

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B. Staff - The Court functions through the aid and assistance of the courtroom and

Chambers staff. They are expected to treat attorneys, litigants and the public in a

dignified and civil manner. Likewise, they are to be treated in a civil and

professional manner.

C. Counsel and the Attorney for the Child(ren) are reminded that the Attorney for the

Child(ren) acts in the role of Counsel for the child(ren). As such, the Attorney for

the Child(ren) is bound by the same ethical and procedural rules as Counsel for the

parties. Ex-parte communications between the Attorney for the Child(ren) and the

Court will not be permitted.

D. In-camera interviews will be in-person. Children shall NOT be brought to the

courtroom. Do not bring children to the courthouse unless for a scheduled in-

camera interview by Order of the Court.

E. All Counsel are expected to familiarize themselves with Microsoft Teams,

NYSCEF and the VEC.

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