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Preliminary Conference Stipulation-Order Contested Matrimonial Form. This is a New York form and can be use in Supreme Court Statewide.
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF -------------------------------------------------------------------------X Plaintiff, Index No.: - against Part No.: Defendant. -------------------------------------------------------------------------X PRELIMINARY CONFERENCE STIPULATION/ORDER CONTESTED MATRIMONIAL __ PRESIDING: Hon. Justice of the Supreme Court The parties and counsel have appeared before this Court on _________________ at a preliminary conference on this matter held pursuant to 22 NYCRR §202.16. A. BACKGROUND INFORMATION: 1. 2. 3. Summons: Date filed: ______________ Date served: ________________ Date of Marriage: _____________________ Name(s) and date(s) of birth of child(ren): Name:____________________ Name:____________________ Name:____________________ Name:____________________ DOB:_______________ DOB:_______________ DOB:_______________ DOB:_______________ [UCS Rev. 6/2016] American LegalNet, Inc. www.FormsWorkFlow.com 4. Attorneys for Plaintiff: _________________________ _________________________ _________________________ Attorneys for Defendant: _________________________ __________________________ __________________________ Phone: Fax: _____________________ Email: _ Phone: _______________________ Fax: Email: 5. The Court has received a copy of: Plaintiff Defendant (Date Filed OR To Be Filed) _________ (a) A sworn statement of net worth as of _________ date of commencement of the action. (b) A signed copy of each party's attorney's retainer agreement. _________ _________ 6. An Order of Protection has been issued against: Plaintiff: ____ YES ____ NO Issue Date: ___________ Issuing Court: _______________ Currently in Effect? ___YES ___NO Defendant: ____ YES ____ NO Issue Date:___________ Issuing Court: ____________________ Currently in Effect? ___YES ___NO 7. Plaintiff/Defendant requests a translator in the language. [UCS Rev. 6/2016] American LegalNet, Inc. www.FormsWorkFlow.com 8. (a) Please identify and state the nature of any Premarital, Marital, Separation or other Agreements and/or Orders which affect the rights of either of the parties in this action. ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ (b) Plaintiff/Defendant shall challenge the Agreement dated ______________ by ____________. If no challenge is asserted by that date, it is waived unless good cause is shown. B. GROUNDS FOR DIVORCE: 1. 2. 3. 4. The Complaint (was) (or will be) served on:_____/_____/_____ A Responsive Pleading (was) (or will be) served on:_____/_____/_____ Reply to Counterclaim, if any, (was) (or will be) served on:_____/______/_____ The issue of grounds is resolved unresolved. If the issue of grounds is resolved, the parties agree that Plaintiff/Defendant will proceed on an uncontested basis to obtain a divorce on the grounds of DRL § 170(7) and the parties waive the right to serve a Notice to Discontinue pursuant to CPLR 3217(a) unless on consent of the parties. 5. Other:________________________ C. CUSTODY: 1. 2. The issue of parenting time is resolved unresolved. The issues relating to decision-making are resolved unresolved. (a) If the issues of custody, including parenting time and decision-making, are resolved: The parties are to submit an agreement/stipulation no later than _______________. [UCS Rev. 6/2016] American LegalNet, Inc. www.FormsWorkFlow.com (b) If the parties do not notify the Court that all issues related to custody are resolved, a conference shall be held on at which time the Court shall determine the need for an Attorney for the Child/Guardian ad Litem and/or a forensic evaluation and set a schedule for resolving all issues relating to custody. 3. ATTORNEY FOR CHILD(REN) or GUARDIAN AD LITEM: Subject to judicial approval, the parties request that the Court appoint an Attorney for the parties' minor child(ren) ("AFC"). The cost of the AFC's services shall be paid as follows: _________________________________________________________ . FORENSIC: Subject to judicial approval, the parties request that the Court appoint a neutral forensic expert to conduct a custody/parental access evaluation of the parties and their child(ren). Subject to Judicial approval, the cost of the forensic evaluation shall be paid as follows:______________________________. Any appointment of an Attorney for the Child/Guardian ad Litem or forensic evaluator shall be by separate order which shall designate the individual appointed, the manner of payment, source of funds for payment, and each party's responsibility for such payment. D. FINANCIAL: (1) (2) (3) (4) Maintenance is resolved unresolved Child Support resolved unresolved Equitable Distribution is resolved unresolved Counsel Fees are resolved unresolved List all other causes of action and ancillary relief issues that are unresolved. ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ Any issues not specifically listed in this Order as unresolved may not be raised in this action unless good cause is shown. [UCS Rev. 6/2016] American LegalNet, Inc. www.FormsWorkFlow.com E. OTHER: List all other causes of action and ancillary relief issues that are unresolved. _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ F. PENDENTE LITE RELIEF: See annexed Order See annexed Stipulation __________________ __________________ G. DISCOVERY: 1. Preservation of Evidence: (a) Financial Records: Each party shall maintain all financial records in his or her possession or under his or her control through the date of the entry of a judgment of divorce. Electronic Evidence: For the relevant periods relating to the issues in this litigation, each party shall maintain and preserve all electronic files, other data generated by and/or stored on the party's computer system(s) and storage media (i.e. hard drives, floppy disks, backup tapes), or other electronic data. Such items include, but are not limited to, e-mail and other electronic communications, word processing documents, spreadsheets, data bases, calendars, telephone logs, contact manager information, internet usage files, offli