Hon. Valerie M. Cartright — Part 21 Rules

SUPREME COURT OF THE STATE OF NEW YORK

I.A.S. PART 21- SUFFOLK COUNTY

PART 21 RULES & PROCEDURES

HON. VALERIE M. CARTRIGHT, J.S.C.

Principal Law Clerk: Lisa A. Harvey, Esq.

laharvey@nycourts.gov

Secretary: Carolyn Fellrath-Cohen

Court email: sufcartright@nycourts.gov

Chambers: (631) 740-3910

Fax: (631) 208-5699

__________________________________________________________

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

the Local Rules of Court.

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 at sufcartright@nycourts.gov. The

Court will only view adjournment requests that are emailed. All

applications shall be made after consultation with all attorneys on the

file and ON CONSENT OF ALL SIDES.

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

application shall be made by written application via email to

sufcartright@nycourts.gov, and must include the reason(s) for the

adjournment request, as well as any objections. The Court in its

discretion, may grant the adjournment over objection without the need

for a conference.

3. Adjournment requests are to be made in writing to the Court by email

to sufcartright@nycourts.gov. Your matter is not adjourned until you

receive confirmation from the Court. The email shall include the

parties’ names and index number, the reason for the adjournment,

indicating if it was on consent or over opposing counsel’s objection, and

proposed dates agreed to by both counsel. Counsel shall obtain available

dates for adjournments from opposing Counsel prior to contacting the

Court to request an adjournment. Counsel shall provide at least three

(3) available adjournment dates to the Court when all parties and

Counsel are available.

4. 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 by email to the Court at

sufcartright@nycourts.gov with adjournment request and the above

information, including three (3) proposed dates when all parties and

Counsel are available, copied to all counsel.

5. If a conference date is adjourned, any motion also returnable that day,

unless specifically indicated in the adjournment request and agreed

between counsel, shall be adjourned to the next scheduled conference

date.

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 are directed to review 22 NYCRR §

202,16(f)). Counsel shall complete the Preliminary Conference form

prior to the conference date. The forms are currently available in the

courtroom or online at Preliminary Conference Order (As Revised by

EK) (00084092-7).DOCX (nycourts.gov), and may be emailed on

request. This form is specific to Suffolk County.

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

Note of Issue dates. Discovery dates will not be extended unless counsel

otherwise agree in a written Stipulation provided to the Court, or for

good cause. In the event counsel cannot agree, counsel are urged to

contact the Court by conference call prior to making any formal motion.

It is the preference of this Court that Discovery demands and responses

not be uploaded to NYSCEF. Certification and Note of Issue dates may

not be extended absent approval of the Court.

3. Documents shall be exchanged, and Statements of Net Worth shall be

filed by the Court on NYSCEF in accordance with the Preliminary

Conference Order.

4. Counsel and Parties are expected to fill out the DRL 240 1(a-1)

INFORMATION SHEET and the Matrimonial Mediation Program

Contact Information Sheet provided by the Court Clerk.

C. Judgment Submission Packets:

1. A request to adjourn a divorce packet submission shall be made by email

to the Court at sufcartright@nycourts.gov, on consent. Failure for a

request for an adjournment may cause the matter to be dismissed for

failure to submit the packet pursuant to the submission order.

2. No more than three (3) adjournments will be granted to submit the

judgment packet. The fourth 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.

II. MOTIONS

A. Pre-Motion Rules:

1. Counsel are to contact the Court and request a virtual conference prior

to the making of any motion in order to allow the Court to assist in a

possible resolution, except in an emergency situation or where an

affirmation is presented demonstrating a significant prejudice to the

moving party by giving prior notice. Failure to do so will result in your

motion being deferred to your next court date for a conference.

2. A pre-motion conference is required before any motions are filed in

this Part. In the event that a motion is filed without first having a pre-

motion conference with the Court, the same shall be rejected by the

clerk’s office.

COUNSEL ARE TO CONTACT THE COURT AND REQUEST A VIRTUAL

CONFERENCE PRIOR TO THE MAKING OF ANY MOTION IN ORDER TO

ALLOW THE COURT TO ASSIST IN A POSSIBLE RESOLUTION.

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 the return date.

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

after 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 the return date shall not be a basis for a motion to

renew or reargue.

3. All motions are submission only and no appearances (after the pre-

motion conference) are required unless otherwise directed by the Court.

4. All motions seeking pendente lite relief must be in compliance with 22

NYCRR § 202.8-b (Length of Papers) and § 202.16 to be properly

considered. Motion papers that are not incompliance with NYCRR §

202.8-b (Length of Papers) will be rejected or returned for correction.

Affidavits, affirmations, briefs and memoranda of law in chief shall be

limited to 7,000 words each. Reply affidavits, affirmations, and

memoranda shall be no more than 4,200 words and shall not contain

any arguments that do not respond or relate to those made in the

memoranda in chief.

5. All motions seeking pendente lite relief must be in compliance with 22

NYCRR § 202.16 to be properly considered.

6. A Reply may be submitted in accordance with a briefing schedule that

has been approved by the Court. If the movant chooses not to file a

Reply, counsel must notify the Court in writing to

sufcartright@nycourts.gov in advance of the return date.

7. No Sur-Reply or Supplemental Papers will be considered absent Court

permission sought and received in advance of the submission of a Sur-

Reply or Supplemental Papers.

8. All motions, Order to Show Cause, Opposition, and Reply papers

MUST be e-filed through NYSCEF or filed with the Clerk’s Office by

the return date or they will not be considered. Counsel’s failure to file

any motion or responsive papers by the return date shall not be a basis

for a motion to renew or reargue.

7. All motion papers must be accompanied by a word count attorney

certification.

8. If a motion is pending in this Part and subsequent motion(s) are filed,

the initial motion will he held and decided when all motions are fully

briefed and submitted to the Court.

9. Any party may request oral argument of a fully submitted motion by

letter accompanying the motion papers. Notice of the date and

manner in which the oral argument will be held will be provided to

Counsel by the Court. At the time of oral argument, counsel shall be

prepared to argue the motion and discuss resolution of the issue(s)

presented and/or schedule a trial or hearing.

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. At the time of oral argument, counsel shall be prepared to

argue the Temporary Restraining Order(s) and discuss resolution of the

issue(s) presented. All appearances on emergency or injunctive relief

arguments are in person with all parties and Attorneys present, unless

otherwise indicated by the Court. (Failure of Counsel/pro se 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:

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

original 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”.

2. When providing the Court with a global Stipulation of Settlement, the

movant shall note in a separate letter, emailed to the Court at

sufcartright@nycourts.gov and uploaded to NYSCEF, indicating the

status of the any open motions, including that they are withdrawn, or

settled by stipulation.

E. Judgment Submission Packets:

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

decision of a matter. The submission packet should be filed on or before

the initial submission date. If additional time is necessary, an

adjournment request must be emailed to the Court requesting additional

time to submit the final packet, as noted above.

III. COURT APPEARANCES

A. All Court appearances, unless otherwise specifically stated by the Court, are in

person and all Parties and Counsel are expected to appear at all scheduled Court

dates unless otherwise excused by the Court. As the Court is trying to keep with

time certain appearances, all Counsel and parties are to appear timely. 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.

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

D. Counsel are expected to be professionally attired and to advise their clients that

same is expected of the Parties. No eating, smoking/vaping, or cell phone use is

permitted in the courtroom.

E. Requests for Emergency Conferences must be made in writing to the Court by

email at sufcartright@nycourts.gov detailing the reason for the request and

indicating the date of the next conference scheduled on the matter. Emergency

Conference requests may be made after all parties are consulted on the issue prior

to the request, all parties have made a good faith effort to reach an agreement on

these matters in advance of the request, and any and all efforts made to resolve this

issue are delineated in the written request to the Court.

F. “Stip or Stay” Conferences are time certain. The Court expects that a Stipulation

of Settlement will be presented at, or in advance of the “Stip of Stay” conference,

or Counsel and the Parties should be prepared to remain in the courthouse until

the matter is resolved. Counsel and Parties are expected to conference in the

courthouse, but outside the presence of the Court, until a settlement is reached.

The Court can be available as necessary throughout the day to conference the

matter and assist.

IV. VIRTUAL CONFERENCES

A. All Virtual Conferences are time certain. If no one from the Court has entered the

conference within five minutes of the time certain start time, please contact the

Court at 631.740.3910, as you may be experiencing technical difficulties.

B. 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. There is no recording of any kind permitted during a Virtual Conferences. Only

one person may speak at a time. If you would like to be recognized by the Judge,

please physically raise your hand or use the raise hand feature in Microsoft

Teams. When you are not speaking, please mute your microphone. If you are

recognized to speak, please unmute yourself first.

D. Counsel are expected to be professionally attired and in an appropriate location

that is conducive to the Court conducting the virtual conference. No eating,

smoking/vaping, or cell phone use (other than to facilitate the virtual conference)

is permitted in the virtual courtroom. Counsel shall advise their clients that same

is expected of the Parties if the virtual conference is to include Parties.

E. If counsel must attend the virtual conference in his/her vehicle, the vehicle MUST

be stationary. The Court will not conduct virtual conferences while Counsel is

driving. Failure to adhere to these requirements will result in your case being

adjourned and rescheduled for all parties to appear in person the following day, or

a time convenient to the Court.

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

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

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

Counsel and Parties should log onto the Microsoft Teams link prior to the

scheduled conference time to ensure that there are no technical difficulties that may

delay the conference, and the Court’s calendar.

G. Any request to convert a Preliminary Conference to a virtual appearance shall be

made in writing to sufcartright@nycourts.gov as soon as possible following the

receipt of the Preliminary Conference Order. The Court, in its discretion, may

grant such a request under compelling circumstances.

IV. COMMUNICATION WITH CHAMBERS

A. All communication with Chambers by email must be sent to

sufcartright@nycourts.gov. Do not send emails directly to the Judge’s email

address. All communication with Chambers must 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.

B. 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.

C. Counsel SHALL NOT send copies of any correspondence between Counsel to the

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

D. The Court will not consider any out of court settlement other than those reduced

to writing on notice to all sides and submitted to the Court.

V. SANCTIONS

Any application for sanctions must be made by written motion and supported by the

applicable statute under which the application is made.

VI. TRIAL RULES: APPLICABLE TO ALL TRIALS AND HEARINGS

A. The Court will issue a Note of Issue Order, counsel will have 90 days to file the

Note of Issue and Statement of Proposed Disposition. The Court will not issue trial

dates unless the Note of Issue is filed. The Court will not enforce “side stipulations”

between attorneys regarding discovery after the filing of the Note of Issue.

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

pre-trial conference. 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.

C. Barring an emergency, no motions filed after the filing of the Note of Issue will be

accepted without the advance approval of the Court.

D. After a matter has been certified as trial ready, the Court shall hold 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,

trial dates will be selected and calendared, and the Court shall provide for the

submission or scheduling of the following:

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

5 days prior to the first scheduled trial date.

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: This Part utilizes the Virtual Evidence Courtroom portal (VEC.)

When utilizing New York State Electronic Filing System Virtual Evidence

Locker (“NYSCEF 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. If the parties are not utilizing the

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.

5. Trial Notebook: If the Court has directed that a trial notebook be generated in

a particular case, 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. Prior to commencement of trial, Counsel shall have exchanged in accordance

with CPLR and/or Court rules and submit to the Court:

a. A list of proposed witnesses.

b. A list of all expert witnesses with copies of their reports.

c. Marked pleadings must be submitted before opening statements.

d. Net worth statements updated within thirty [30] days of trial.

7. Parties and/or Counsel 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 shall be provided to the Court, it

relevant.

8. 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.

9. In instances in which the VEC is not 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.

10. In instances in which the VEC is not 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 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.

11. 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.

12. All trials and hearings may continue as scheduled at the pre-trial conference

until completed, subject to the Court's availability. All trials will proceed on the

specified dates unless the Court receives a fully executed Stipulation of

Settlement prior to the trial date or unless otherwise adjourned by the Court.

13. Objections should be stated without argument, except to state the grounds, (e.g.,

hearsay, relevance, etc.). If further argument is appropriate, same will be

invited by the Court. Speaking objections are prohibited.

14. Opening and 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 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 submitted it shall be a brief in compliance with the length

requirements in NYCRR 202.8.

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, by

upload to NYSCEF with an email confirming same sent to

sufcartright@nycourts.gov , 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;

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.

15. 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.

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

copies of any exhibits.

E. All attorneys are expected to provide to the Court a Joint Pre-trial Order upon

request prior to the trial date. Counsel are expected to upload all Exhibits to the

Virtual Courtroom as directed by chambers. Plaintiff MUST label Exhibits with

numbers and Defendant with letters.

VII. 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).

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

NYSCEF and the VEC. All Counsel are expected to covert cases that are not

electronically filed to NYSCEF, when at all possible.

F. No attorney may “ghostwrite” papers for a pro se litigant without informing the

Court in writing, either in advance, or in papers.