Wednesday, September 15, 2021

THOUGHTS ON FILING ISSUES IN NASSAU COUNTY MATRIMONIALS


Forwarded to me on September 13 - thoughts from the Matrimonial Clerk's office:

"1.            Notices of Settlement must be noticed for the correct Court address of 400 County Seat Drive on a day the Court is open and indicate which Orders specifically are being noticed. The Affidavits of Service should indicate specifically which documents were served including the Notice of Settlement itself. Do not notice the Orders to the County Clerk’s Office.  Notices of Settlement must be filed with the Court on or before the Settlement date.

2.            They must file an Addendum to the RJI for all contested cases’ RJI’s.  They must completely fill out all necessary fields and dates on the RJI’s.

3.            They do not need to file another copy of any document that is already filed on the case in e-filing when filing divorce packets.  That is the County Clerk file and complete record of the case. They do not need to attach documents as exhibits for a divorce packet that are already on file in the e-filing system. We do not want duplicates.

4.            We do not need extra copies of documents submitted to the Court filed in paper.    

5.            Service of a Summons cannot be before the filing date. Affidavits of the Parties should not be signed and notarized before the filing of the Summons.  The Defendant cannot admit to service of anything in their Affidavit and sign it before the documents are actually served. 

6.            They need to fill out the Note of Issue completely with correct dates and the contact information for both parties/attorneys.

7.            Attorneys must email John Nappi, jnappi@nycourts.gov,  and Amy Gilyard, Agilyard@nycourts.gov,  that they are filing emergency OSC’s

8.            Attorneys must keep their contact information up to date in the State Registry and in the e-filing system including a current email to get all notifications from the e-filing system.

9.            If attorneys are changed on a case, they can remove themselves from the e-filing system on those cases so they no longer receive notifications.  The procedure is on the e-filing website. 

10.          Do not file motions for default Judgments.  Just file the uncontested packet on default. "

 

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