Court Rules

Court-wide rules

Applies court-wide

These 265 rules apply across New York Supreme Court, New York County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 60
  • Applies to
    Filing agent authorization

    A filing agent must submit an authorization form before or with the attorney’s first NYSCEF filing in the action.

  • Applies to
    Hard copy documents
    Must include
    notice of electronic filing

    Nonparticipating counsel must submit the original hard-copy documents, an additional unbound copy, and a Notice of Hard-Copy Submission simultaneously.

  • Applies to
    Attorney filing account
    Must include
    notice of electronic filing

    An attorney using a filing agent must have a User ID and password so the agent’s filings are associated with the attorney of record.

E-Filing

All 59
  • For cases commenced on or after February 19, 2013, e-filing through NYSCEF is mandatory except for the listed case types, and all subsequent documents must be e-filed.

  • An attorney lacking the equipment or knowledge to e-file, and lacking qualifying staff support, may opt out of mandatory e-filing by filing Form EFM 2 with the Clerk.

  • Unrepresented litigants are automatically exempt from mandatory e-filing but may voluntarily participate.

Filing Timing

All 38
  • Deadline
    3 business days

    Failure to electronically refile hard-copy documents within three business days will cause the originals to be discarded and may result in an incomplete court record.

  • A motion on notice or notice of petition must be e-filed no later than eight days before the return date.

  • Deadline
    24 hours

    The Clerk normally takes 24 hours to review and process a proposed order to show cause.

Sealing

All 25
  • To correct an electronically filed document containing confidential data or filed in error, notify the parties and non-party filers, request restricted status through NYSCEF, and file an order to show cause within five business days seeking temporary relief and correction; restricted status expires after five days unless extended by the required notification and order.

  • An order granting relief to correct a filing must be submitted to the County Clerk using the applicable notice form, with the sealing-order procedure using the NYSCEF sealing notification and a copy of the order.

  • An infant's compromise application must be filed through NYSCEF in redacted form, with an unredacted copy submitted for the Justice's action.

About Judge Yael Wilkofsky

- **Address:** 80 Centre Street, New York, NY 10013 - **Part:** Part 51 Matrimonial IAS Part - **Chambers:** Room 289 - **Chambers Phone:** (646) 582-5077 - **Courtroom:** Room 289 - **Courtroom Phone:** (646) 386-3846 - **Principal Law Clerk:** Elizabeth Congdon, Esq. - **Assistant Law Clerk:** Arianna Bonné, Esq.

Common questions about Judge Yael Wilkofsky's rules

Are courtesy copies required for Judge Yael Wilkofsky?

Details: by email. A courtesy copy of every document uploaded to NYSCEF must be emailed to both the Principal Law Clerk and Assistant Law Clerk because uploading alone does not notify Chambers.

View ruleSource: page 1, section GENERAL RULES

Does Judge Yael Wilkofsky require a pre-motion conference or letter before filing a motion?

Judge Yael Wilkofsky's rules set a pre-motion procedure for covered motions. A request for pendente lite relief will be addressed only at the preliminary conference and must be accompanied by a motion.

View ruleSource: page 2, section CONFERENCES

What page or word limits apply to settlement position statement before Judge Yael Wilkofsky?

Judge Yael Wilkofsky's rule states these limits: 2 pages. The settlement-position statement must not exceed two pages.

View ruleSource: page 3, section CONFERENCES

What page or word limits apply to motion paper before Judge Yael Wilkofsky?

Judge Yael Wilkofsky's rule states these limits: 25 pages. Excludes table of contents and table of authorities. Affidavits, affirmations, and memoranda of law may not exceed 25 double-spaced pages, excluding the table of contents and table of authorities.

View ruleSource: page 4, section MOTIONS

What formatting rules apply to filings before Judge Yael Wilkofsky?

Judge Yael Wilkofsky's formatting rule includes file format paper. At the preliminary conference, the parties must submit hard copies of the sworn Statements of Net Worth and signed PC Order, most recent state and federal income-tax returns, and each party's two most recent paycheck stubs.

View ruleSource: page 2, section CONFERENCES

What must be included with qualified domestic relations order filings before Judge Yael Wilkofsky?

The rule identifies required filing content or certificates. A Qualified Domestic Relations Order not submitted with the JOD must be accompanied by a written plan of approval.

View ruleSource: page 1, section GENERAL RULES

What must be included with preliminary conference order filings before Judge Yael Wilkofsky?

The rule identifies required filing content or certificates. Counsel must upload a completed and signed Matrimonial Preliminary Conference Order, with proposed hard copies if the parties cannot agree on its terms.

View ruleSource: page 2, section CONFERENCES

How may parties contact Judge Yael Wilkofsky's chambers?

The rule addresses email communications. Every email sent to the Court must identify the relevant case caption and index number in the subject line.

View ruleSource: page 2, section COMMUNICATION

How do I request an adjournment or extension before Judge Yael Wilkofsky?

Advance notice is not fully stated in the structured details. The request must include reason for request and proposed new dates. An adjournment requires prior court approval and a joint email request made at least two days in advance that includes the basis for the request and three proposed dates and times acceptable to all sides, with an affidavit of actual engagement where applicable.

View ruleSource: page 1, section GENERAL RULES

Does Judge Yael Wilkofsky require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. Custody or visitation motions must be filed separately from motions concerning financial issues.

View ruleSource: page 4, section MOTIONS

Is electronic filing required before Judge Yael Wilkofsky?

No. Electronic filing is prohibited for the covered filings. Except for adjournment, interpreter, and virtual-appearance requests, litigation correspondence must be submitted as a letter through NYSCEF rather than by email.

View ruleSource: page 2, section COMMUNICATION

What filing deadlines does Judge Yael Wilkofsky set?

A Judgment of Divorce must be submitted within 60 days or the action may be deemed abandoned and dismissed.

View ruleSource: page 1, section GENERAL RULES

What rule applies to serving all parties before Judge Yael Wilkofsky?

The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties. The movant must send all parties or counsel an unsigned copy of the OSC and a letter stating the date, time, and location of the interim-relief hearing.

View ruleSource: page 4, section MOTIONS
Complete rules summary for Judge Yael Wilkofsky

Virtual appearances require a request by email to the Principal Law Clerk, Assistant Law Clerk, and Part Clerk at least two days before the appearance.

A language interpreter must be requested by email to the Part Clerk after receiving notice of the court appearance.

An adjournment requires prior court approval and a joint email request made at least two days in advance that includes the basis for the request and three proposed dates and times acceptable to all sides, with an affidavit of actual engagement where applicable.

A courtesy copy of every document uploaded to NYSCEF must be emailed to both the Principal Law Clerk and Assistant Law Clerk because uploading alone does not notify Chambers.

A Judgment of Divorce must be submitted within 60 days or the action may be deemed abandoned and dismissed.

A Qualified Domestic Relations Order not submitted with the Judgment of Divorce must be submitted within 45 days after the JOD is signed and must include a written plan of approval.

A Qualified Domestic Relations Order not submitted with the JOD must be accompanied by a written plan of approval.

Every email sent to the Court must identify the relevant case caption and index number in the subject line.

Emails to the Court must include all counsel and any pro se parties as recipients.

Except for adjournment, interpreter, and virtual-appearance requests, litigation correspondence must be submitted as a letter through NYSCEF rather than by email.

A courtesy copy of correspondence filed to NYSCEF must be sent to the Principal Law Clerk and Assistant Law Clerk, except that the rule does not apply to the expressly excluded request types.

Counsel must upload the listed preliminary-conference documents to NYSCEF at least two days before the conference.

The preliminary-conference filing deadline is at least two days before the conference.

Counsel must upload a completed and signed Matrimonial Preliminary Conference Order, with proposed hard copies if the parties cannot agree on its terms.

For a custody-only trial with no financial issues, the parties must upload a proposed parenting plan to NYSCEF and email a courtesy copy instead of filing a proposed-disposition statement, and no updated Statement of Net Worth is required.

A sworn Statement of Net Worth must be uploaded to NYSCEF before the preliminary conference.

A child-support worksheet and proposed parenting plan must be uploaded when applicable.

At the preliminary conference, the parties must submit hard copies of the sworn Statements of Net Worth and signed PC Order, most recent state and federal income-tax returns, and each party's two most recent paycheck stubs.

A request for pendente lite relief will be addressed only at the preliminary conference and must be accompanied by a motion.

Wherever possible, the Preliminary Conference Order should use dates certain instead of indefinite deadlines.

Attorneys for children may file a proposed parenting plan and must exchange and file witness and exhibit lists.

Each inapplicable section of the Preliminary Conference Order must state “N/A.”

The parties must upload a jointly completed proposed Compliance Conference Order through NYSCEF at least one day before the Compliance Conference.

The proposed Compliance Conference Order should address outstanding discovery issues, and failure to do so may constitute waiver of those issues.

All discovery must be completed before the final Status Conference.

The Court will schedule a Settlement Conference case by case only when the parties are seriously ready and willing to resolve their disputes.

Before the Pre-Trial Conference, the parties must attempt to execute a stipulation addressing exhibit authenticity and admissibility and undisputed facts.

The parties must engage in meaningful settlement discussions before the Settlement Conference.

At least two days before the Settlement Conference, each party must email the specified settlement materials to the Principal Law Clerk, Assistant Law Clerk, and Part 51 email.

The required Settlement Conference submission includes an updated net-worth statement, marital property and distribution list, applicable proposed custody and parenting plan, and a rationale statement of no more than two pages.

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