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ADMINISTRATIVE ORDER OF THE CHIEF ADMINISTRATIVE JUDGE OF THE COURTS Pursuant to the authority vested in me, and with the advice and consent of the Administrative Board of the Courts, I hereby amend, effective October 1, 2000, section 202.16 of the Uniform Rules for the Supreme and County Courts, related to practice in matrimonial actions, to read as follows: �202.16 Matrimonial Actions; Calendar Control of Financial Dis-closure in Actions and Proceedings Involving Alimony, Maintenance, Child Support and Equitable Distribution; Motions for Alimony, Counsel Fees Pendente Lite, and Child Support, Special Rules. * * * (d) Request for Judicial Intervention. A request for judicial intervention shall be filed with the court by the plaintiff no later than 45 days from the date of service of the summons and complaint or summons [and] with notice upon the defendant, unless both parties file a notice of no necessity with the court, in which event the request for judicial intervention may be filed no later than 120 days from the date of service. of the summons and complaint or summons [and] with notice upon the defendant. Notwithstanding Section 202.6(a) of this Part, the court shall accept a request for judicial intervention that is not accompanied by other papers to be filed in court. * * * (f) Preliminary Conference. (1) In all actions or proceedings to which this section of the rules is applicable, a preliminary conference shall be ordered by the court to be held within 45 days after the action has been assigned. Such order shall set the time and date for the conference and shall specify the papers[, including statements of net worth that, if not yet filed, shall be filed with the court at such time before the conference as the court shall require, but the Court shall require the statement of net worth to be filed no later than 10 days prior to the preliminary conference. In addition, the parties must provide the court and opposing counsel with a copy of the net worth statement at the time of the conference.] that shall be exchanged between the parties and filed with the court. These papers must be exchanged and filed no later than 10 days prior to the preliminary conference, unless the court directs otherwise. These papers shall include: (i) statements of net worth; (ii) all paycheck stubs for the current calendar year and the last paycheck stub for the immediately preceding calendar year; (iii) all filed state and federal income tax returns for the previous three years, including both personal returns and returns filed on behalf of any partnership or closely held corporation of which the party is a partner or shareholder; (iv) all W-2 wage and tax statements, 1099 forms, and K-1 forms for any year in the past three years in which the party did not file state and federal income tax returns; (v) all statements of accounts received during the past three years from each financial institution in which the party has maintained any account in which cash or securities are held; (vi) the statements immediately preceding and following the date of commencement of the matrimonial action pertaining to: (A) any policy of life insurance having a cash or dividend surrender value; and (B) any deferred compensation plan of any type or nature in which the party has an interest including, but not limited to, Individual Retirement Accounts, pensions, profit-sharing plans, Keogh plans, 401(k) plans and other retirement plans. Both parties personally must be present in court at the time of the conference, and the judge personally shall address the parties at some time during the conference. (2) The matters to be considered at the conference may include, among other things: (i) applications for pendente lite relief, including interim counsel fees; (ii) compliance with the requirement of compulsory finan-cial disclosure, including the exchange and filing of a supplemental statement of net worth indicating material changes in any previously exchanged and filed statement of net worth; (iii) simplification and limitation of the issues; (iv) the establishment of a timetable for the completion of all disclosure proceedings, provided that all such procedures must be completed and the note of issue filed within six months from the commencement of the conference, unless otherwise shortened or extended by the court depending upon the circumstances of the case; and (v) any other matters which the court shall deem appropriate. (3) At the close of the conference, the court shall direct the parties to stipulate, in writing or on the record, as to all resolved issues, which the court then shall “so order,” and as to all issues with respect to fault, custody and finance that remain unresolved. Any issues with respect to fault, custody and finance that are not specifically described in writing or on the record at that time may not be raised in the action unless good cause is shown. The court shall fix a schedule for discovery as to all unresolved issues and, in a noncomplex case, shall schedule a date for trial not later than six months from the date of the conference. The court may appoint a law guardian for the infant children, or may direct the parties to file with the court, within 30 days of the conference, a list of suitable law guardians for selection by the court. The court also may direct that a list of expert witnesses be filed with the court within 30 days of the conference from which the court may select a neutral expert to assist the court. The court shall schedule a compliance conference unless the court dispenses with the conference based upon a stipulation of compliance filed by the parties. Unless the court excuses their presence, the parties personally must be present in court at the time of the compliance conference. If the parties are present in court, the judge personally shall address them at some time during the conference. (g) Expert Witnesses. (1) Responses to demands for expert information pursuant to CPLR �3101(d) shall be served within 20 days following service of such demands. (2) Each expert witness whom a party expects to call at the trial shall file with the court a written report, which shall be exchanged and filed with the court no later than 60 days before the date set for trial, and reply reports, if any, shall be exchanged and filed no later than 30 days before such date. Failure to file with the court a report in conformance with these requirements may, in the court’s discretion, preclude the use of the expert. Except for good cause shown, the reports exchanged between the parties shall be the only reports admissible at trial. Late retention of experts and consequent late submission of reports shall be permitted only upon a showing of good cause as authorized by CPLR �3101(d)(1)(i). In the discretion of the court, written reports may be used to substitute for direct testimony at the trial, but the reports shall be submitted by the expert under oath, and the expert shall be present and available for cross-examination. In the discretion of the court, in a proper case, parties may be bound by the expert’s report in their direct case. * * * (1) Hearings or trials pertaining to temporary or permanent custody or visitation shall proceed from day to day to conclusion. With respect to other issues before the court, [To] to the extent feasible, trial should proceed from day to day to conclusion. _________________________________ Chief Administrative Judge of the Courts ADMINISTRATIVE ORDER OF THE CHIEF ADMINISTRATIVE JUDGE OF THE COURTS Pursuant to the authority vested in me, and with the advice and consent of the Administrative Board of the Courts, I hereby amend, effective October 1, 2000, section 136.3 of the Rules of the Chief Administrator of the Courts, relating to fee arbitration in domestic relations matters, to read as follows: �136.3 Organization and Appointment * * * (c) Disputes involving a sum less than [$3000] $6000 shall be submitted to one attorney arbitrator. For the purposes of this Part, the term “panel” shall include a single arbitrator unless the context requires otherwise. (d) Disputes involving a sum of [$3000] $6000 or more shall be submitted to a panel of three arbitrators, consisting of one attorney, one layperson, and a third panel member who shall be selected at random from a pool of arbitrators comprised of both attorneys and laypersons. The chair shall be an attorney, who shall be selected by the panel members if more than one attorney is on the panel. ____________________________________ Chief Administrative Judge of the Courts Dated: AO /0

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