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LIBRARY OF RECENT COURT RULES
Uniform
Uncontested Divorce Packet - Official Uniform Forms and Instructions - All Forms were completely revised on June 10, 1999.
There are several steps that must be completed before you can file for a divorce in New
York State. The forms in this packet, which were released by the New York State Unified
Court System are intended to satisfy these requirements for filing for a divorce, which
is uncontested, i.e., where a spouse either agrees to the divorce or fails to appear in
the action (defaults). These forms and instructions are in the public domain and may be
freely copied and distributed. They can be downloaded from the Uniform Court System site.
- Regulations and Guidelines (Text)
promulgated by the New York State Continuing Legal Education Board to clarify the
"Mandatory Continuing Legal Education Program for Attorneys in the State of New
York."
- Mandatory Continuing Legal Education (Text of Rules) -
Uniform Rules of the Appellate Divisions provide that effective December 31, 1998 there
shall be a mandatory continuing legal education program in the State of New York which
shall include a transitional legal education program for newly admitted attorneys and a
legal education program for all other admitted attorneys. A Continuing Legal Education
Board shall accredit and oversee, as set forth in this Subpart, the courses, programs and
other educational activities that will satisfy the requirements of the Program.
Effective March 1, 1998 every pleading, written motion, and other paper, served on
another party or filed or submitted to the court must be signed by an attorney. Absent
good cause shown, the court must strike any unsigned paper if the omission of the
signature is not corrected promptly after being called to the attention of the attorney or
party. By signing a paper, an attorney or party certifies that, to the best of that
persons knowledge, information and belief, formed after an inquiry reasonable under the
circumstances, the presentation of the paper or the contentions therein are not frivolous.
22 NYCRR 202.16 has been amended effective March 1, 1998 to provide that every paper
served on another party or filed or submitted to the court in a matrimonial action shall
be signed as provided above. In addition the sanctions rules have been strengthened and a
voluntary code of "standards of civility" for attorneys, Judges and court
personnel has been adopted.
Every attorney with an office located in the State of New York must post in that
office, in a manner visible to clients of the attorney, a statement of client's rights in
the form set forth in the rules.
A brochure from the Office of Court Administration
addresses the most frequently asked questions about the signing requirement. Questions
about the requirement also can be answered by calling 1-800-334-6442, a phone line
dedicated for this purpose. Inquiries can also be made by E-mail to Part130@courts.state.ny.us.
- Uniform Uncontested Divorce Packet - Amendment
of Court Rules to Mandate Use
Effective March 1, 1998, 22 NYCRR
202.21 and 202.50 have been amended to mandate the use of the forms in the
Unified Court System Uncontested Divorce Packet. Parties in undefended
matrimonial actions are required to use the forms in the Unified Court
System Uncontested Divorce Packet as set forth in 22 NYCRR 202.21 (i) (2).
The Packet is available in the Office of the Clerk of the Supreme Court in
each county, and must be filed with the appropriate clerk in accordance with
the instructions in the Packet. Unless the court directs otherwise, these
forms, without alteration, are the only forms that may be accepted by the
clerk for filing.
Effective September 2, 1997 Section 205.4 of the Rules of the Family Court, entitled
"Access to Family Court Proceedings" has been amended to provide that the Family
Court is open to the public. Members of the public, including the news media, shall have
access to all courtrooms, lobbies, public waiting areas and other common areas of the
Family Court otherwise open to individuals having business before the court.
The general public or any person may be excluded from a courtroom only if the judge
presiding in the courtroom determines, on a case-by-case basis based upon supporting
evidence, that such exclusion is warranted in that case. Whenever the judge exercises
discretion to exclude any person or the general public from a proceeding or part of a
proceeding in Family Court, the judge must make findings prior to ordering exclusion.
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