Attorneys should file petitions by email at NYFCAgencies@nycourts.gov.
Attorney guidelines for submitting orders to show cause and stipulations follow.
Upon emailing the court, attorneys will be given instructions for either submitting documents or connecting to a virtual courtroom via Skype for Business. Those who are scheduled to appear in a virtual courtroom but who are unable to use Skype for business will be given a telephone number and dial-in code to connect telephonically.
Guidelines for Submitting Stipulations and Orders to Show Cause
During the ongoing public health emergency, the Court recognizes the urgent need to provide reasonable and necessary access to justice while protecting the safety of the public we serve and court staff. As this emergency develops, we continue to adjust court protocols to maintain a reasonable balance between these interests by using technology to hear as many cases as we can while avoiding the risk of exposure to the coronavirus.
Parties and counsel are strongly urged to resolve matters by stipulation for the Court’s review and determination. Stipulations are to be filed with the Court in accordance with the following guidelines:
- All attorney-prepared stipulations are to be emailed to the appropriate email address: StipsOSC1stDept@nycourts.gov for cases pending in the First Department, and StipsOSC2ndDept@nycourts.gov for cases pending in the Second Department.
- The subject line of the email for all stipulations should state: “Stipulation” and include the case name, the docket number, the county where the case is pending, and the name of the most recent jurist assigned to the case.
- Do not submit unsigned stipulations.
- When practicable, submitted stipulations should be signed by all counsel and parties.
- If it is not possible for counsel to obtain the signature of their client, counsel must include in the stipulation an affirmation stating that their client consents to the terms of the stipulation and has authorized the attorney to sign the stipulation on their behalf.
- Once the applicant is contacted by the assigned jurist or the jurist’s court attorney regarding a submitted stipulation, all further email communications should be sent directly to the assigned jurist or the jurist’s court attorney with copies to all counsel.
Orders To Show Cause (OTSC)
If, after diligent efforts to obtain a resolution on an essential matter, such resolution is not reached, an Order to Show Cause may be filed by counsel with the court in accordance with the following guidelines:
- All applications by counsel shall be made by OTSC.
- The OTSC must set forth the grounds for the urgency and include a description of the efforts made by the parties to resolve the issues.
- All attorney-prepared OTSC are to be emailed to StipsOSC1stDept@nycourts.gov for cases pending in the First Department and StipsOSC2ndDept@nycourts.gov for cases pending in the Second Department, and shall not be made directly to the jurist assigned to the case.
- The subject line of the email should state: “Order to Show Cause” and include the case name, the docket number, the county where the case is pending, and the name of the most recent jurist assigned to the case.
- The OTSC will be routed to the jurist assigned to the case for further action.
- Once the applicant is contacted by the assigned jurist or the jurist’s court attorney regarding an OTSC, any further email communications should be sent directly to the assigned jurist or the jurist’s court attorney with copies to all counsel.
- The assigned jurist will issue an order setting a schedule for the submission of responsive papers and stipulations as to facts and issues by all counsel, and/or schedule a teleconference to resolve any facts and issues in dispute.
Virtual Court Guidelines for Practitioners
In an effort to provide guidance to practitioners handling matters in the NYC Family Court by remote appearance and/or by telephonic means, the following is a general description of the virtual emergency parts. In light of the extraordinary circumstances under which we are working, these guidelines may need to be modified.
I) THE COURT
Five virtual courtrooms currently hear:
- child protection intake cases involving remand applications
- newly filed juvenile delinquency intake cases involving remand applications, and modifications of such orders
- family offense petitions requesting temporary orders of protection
- any other matter deemed by the court to be essential or an emergency.
- Each part is equipped with Skype for Business for video conferencing capability and a designated telephone number for telephonic appearances.
- There is a dedicated email box for the transmission of all essential or emergency matters, except ACS will use LUC if it operational for the filing of Article 10 petitions.
- Non-essential, non-emergency OTSC and/or stipulations on pending cases will be handled by a judge on submission.
- Petitions, court orders, etc., will remain accessible via UCMS.
- All proceedings will be recorded.
- Language Line interpreter services will be used as needed.
II) Article 10
- Each legal provider should maintain 1 email address to which the court may send Skype for Business invitations when an emergency case is ready to be heard by the judge.
- Each legal provider should maintain 1 central telephone number for emergency contact and/or to set up telephonic appearances of emergency matters.
- Defender organizations must arrange for their assigned clients to appear telephonically and/or by video conference or waive their appearance when the case is ready to be heard by the court.
- All orders, petitions, etc. will continue to be accessible on UCMS.
- The court has issued an ADMINISTRATIVE ORDER presumptively assigning institutional providers of legal representation for parents, children and other interested parties. This will permit ACS to distribute newly filed Article 10 petitions prior to the court appearance.
III) Article 3
- Arrested youth are brought to 100 Centre Street and held there in a separate room that is equipped with video conferencing capability to facilitate their appearance during the intake proceeding.
- Parents and guardians are permitted to appear remotely with the youth if they are present at 100 Centre Street.