UR 202 Volume 3A Flashcards
Section 202.16-a Matrimonial Actions; Automatic Orders
In matrimonial actions, the plaintiff must serve the defendant with a copy of the __________ orders along with the summons.
automatic
Section 202.16-a Matrimonial Actions; Automatic Orders
(c) (Bard) Automatic Orders. Upon service of the summons in every matrimonial action, it is hereby ordered that:
- Neither party can sell, transfer, or dispose of any property, including real estate, personal property, or retirement accounts, without the written consent of the other party or a court order.
- Both parties must keep their retirement funds and annuity payments intact unless they have the other party’s consent or a court order. The exception is if one party is already receiving payments from the account.
- Neither party can incur unreasonable debts, such as further borrowing against credit lines or using credit cards excessively.
- Neither party can remove the other party or their children from existing medical, hospital, or dental insurance coverage.
- Neither party can change the beneficiaries of existing life insurance policies.
- These orders remain in effect throughout the action unless terminated, modified, or amended by a court order or written agreement between the parties.
- Failure to comply with these orders may result in contempt of court.
Section 202.16-a Matrimonial Actions; Automatic Orders
(c) (Bard) Automatic Orders. Upon service of the summons in every matrimonial action, it is hereby ordered that:
Neither party can sell, transfer, or dispose of any property, including real estate, personal property, or retirement accounts, without the written consent of the other party or a court order.
Both parties must keep their retirement funds and annuity payments intact unless they have the other party’s consent or a court order. The exception is if one party is already receiving payments from the account.
Neither party can incur unreasonable debts, such as further borrowing against credit lines or using credit cards excessively.
Neither party can remove the other party or their children from existing medical, hospital, or dental insurance coverage.
Neither party can change the beneficiaries of existing life insurance policies.
These orders remain in effect throughout the action unless terminated, modified, or amended by a court order or written agreement between the parties.
Failure to comply with these orders may result in contempt of court.
Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.
(i) Emergency applications will be prioritized for processing and signing by the clerk and the court.
Falsely designating an application as an emergency may result in sanctions
Applications designated as emergencies without valid justification will be handled according to standard local court procedures.
Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.
(i) Emergency applications will be prioritized for processing and signing by the clerk and the court.
Falsely designating an application as an emergency may result in sanctions
Applications designated as emergencies without valid justification will be handled according to standard local court procedures.
Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.
(ii) Where practicable, all orders to show cause, motions or cross-motions for relief should be made in one order to show cause or motion or cross-motion.
Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.
(ii) Where practicable, all orders to show cause, motions or cross-motions for relief should be made in one order to show cause or motion or cross-motion.
Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.
(v) Papers and correspondence may be transmitted to the court by fax by a self-represented party without prior court approval unless prohibited by a local part rule or judicial order.
Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.
(v) Papers and correspondence may be transmitted to the court by fax by a self-represented party without prior court approval unless prohibited by a local part rule or judicial order.
Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.
(vi) Self-represented litigants may submit _________ applications provided that the handwriting is legible and otherwise in conformity with all applicable rules
handwritten
Section 202.16-b Submission of Written Applications in Contested Matrimonial Actions.
- (vii) (Bard) All exhibits attached to motions, cross-motions, orders to show cause, oppositions, or replies must be no thicker than _________ inches without prior court approval.
- This rule excludes affidavits of net worth, retainer agreements, maintenance guidelines worksheets, child support worksheets, counsel fee billing statements, affirmations, or affidavits related to counsel fees.
All exhibits must have exhibit tabs.
- This rule excludes affidavits of net worth, retainer agreements, maintenance guidelines worksheets, child support worksheets, counsel fee billing statements, affirmations, or affidavits related to counsel fees.
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Section 202.17 Exchange of medical reports in personal injury and wrongful death actions.
- (a) (Bard) After the joinder of issue and service of a bill of particulars, any party can initiate a medical examination by serving a notice to all other parties.
- The examination must be scheduled between ____ and __________ days after the notice is served.
- If a party other than the one to be examined serves the notice, the examining medical provider(s) must be named.If the party to be examined serves the notice, the examining parties must provide the names of the medical providers within _________ days of receiving the notice.
- Any party can file a motion to modify or vacate the notice within __________ days of receiving it.
30…….60..five..10
Section 202.17 Exchange of medical reports in personal injury and wrongful death actions.
(b) At least ______ days before the date of such examination, or on such other date as the court may direct, the party to be examined shall serve upon and deliver to all other parties previous exam records and authorization to obtain and make copies.
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Section 202.17 Exchange of medical reports in personal injury and wrongful death actions.
- (d) (Bard) In cases where the cause of death is disputed, the party seeking damages must provide all other parties with copies of relevant medical reports and authorizations to access medical records.
- These reports and authorizations must be included with the bill of particulars.
- All other parties must provide their own medical reports within ________ days.
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Section 202.17 Exchange of medical reports in personal injury and wrongful death actions.
- (g) If the party who was examined discovers additional injuries or conditions after the initial medical reports were provided, they must serve a supplemental medical report within _____ days of discovering the new injuries and no later than ______days before trial.
- The supplemental medical report must comply with the same requirements as the initial medical reports, and it must specify a time and place for a further examination to be conducted within _____ days of serving the report.
- Copies of the reports of the medical providers who conducted the further examination must be served within ______ days after the examination is completed.
- If any party intends to call additional treating or examining medical providers to testify at trial, their medical reports must be served upon all parties at least ______ days before trial.
30…..30 ….10……. 10…. 30
Section 202.17 Exchange of medical reports in personal injury and wrongful death actions.
(j) Any party may file a motion to enforce or be exempted from this rule, but motions regarding the sufficiency of medical reports must be submitted within _________ days of receiving them.
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Section 202.18 Testimony of court-appointed expert witness in matrimonial action or proceeding.
- (Bard) In proceedings under DRL 237 without a jury, the judge may appoint experts to testify on custody, visitation, equitable distribution, or distributive awards if necessary.
- The cost of these experts will be paid by one or both _______ as the court decides.
parties
Section 202.19 Differentiated case management. (RIPE FOR QUESTIONS)
(a) Applicability. This section shall apply to such categories of cases designated by the Chief Administrator of the Courts as being subject to differentiated case management, and shall be implemented in such counties, courts or parts of courts as designated by the Chief Administrator.
Section 202.19 Differentiated case management. (RIPE FOR QUESTIONS)
(a) Applicability. This section shall apply to such categories of cases designated by the Chief Administrator of the Courts as being subject to differentiated case management, and shall be implemented in such counties, courts or parts of courts as designated by the Chief Administrator.
Section 202.19 Differentiated case management. (RIPE FOR QUESTIONS)
(b) Preliminary Conference.
(1) In all actions and proceedings to which this section of the rules is applicable, a preliminary conference shall be ordered by the court to be held within ______ days after the request for judicial intervention is filed.
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