SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF
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Plaintiff,
Index No.:
- against -
Part No.:
Defendant.
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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. Summons: Date filed: Date served:

2. Date of Marriage:
3. Name(s) and date(s) of birth of child(ren):
Name: DOB:
Name: DOB:
Name: DOB:
Name: DOB:

[UCS eff. 7/1/22] Page 1

 4. Attorneys for Plaintiff: Attorneys for Defendant:

Phone: Phone:
Fax: Fax:
Email: 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 Defendant Yes No

Issue Date: Issue Date:

Issuing Court: Issuing Court:

Currently in Effect? Yes No Currently in Effect? Yes No

7. Plaintiff/Defendant requests a translator in the language.

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 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) P
 laintiff/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. The Complaint (was) (or will be) served on:

2. A Responsive Pleading (was) (or will be) served on:
3. Reply to Counterclaim, if any, (was) (or will be) served on:
4. 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. The issue of parenting time is resolved unresolved.
2. 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
.

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 (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. Maintenance is resolved unresolved

2. Child Support resolved unresolved
3. Equitable Distribution is resolved unresolved
4. 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.

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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.

(b) 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,
offline storage or information stored on removable media, information contained
on laptops or other portable devices, and network access information.

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 2. Document Production:

(a) No later than days after the date of this Order, the parties shall
exchange the following records for the following periods:
Time Period
 ederal, state and local tax returns, including all schedules,
F
K-1s, 1099s, W-2s and similar data.
Credit card statements for all credit cards used by a party.
 hecking account statements, cancelled checks and check
C
registers for joint and individual accounts.
Brokerage account statements for joint and individual accounts.
Savings account statements for joint and individual accounts.
Other: (specify)

Absent any specified time period, the records listed above are to be produced for
the three years prior to the commencement of this action through the present.
If a party does not have complete records for the time period, the party shall
provide a written authorization to obtain such records directly from the source
within five days of presentation.

(b) Service of Notice For Discovery and Inspection:

Plaintiff: / / Defendant: / /
(c) Responses to Notice for Discovery and Inspection:
Plaintiff: / / Defendant: / /
(d) Service of Interrogatories:
Plaintiff: / / Defendant: / /
(e) Response to Interrogatories:
Plaintiff: / / Defendant: / /
(f) Interrogatories:
Interrogatories are limited to 25 including subparts unless the parties stipulate,
or the court orders otherwise. In this proceeding The parties stipulate OR
the court orders Interrogatories including subparts.

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 (g) Depositions:
Plaintiff to be deposed on or before .
Defendant to be deposed on or before .
Nonparties who may be deposed are .
Nonparty depositions shall be completed by .
All depositions shall be limited to 7 hours in length, except as follows

(h) Electronically Stored Information:

 Parties and non-parties should adhere to the Guidelines on Electronically Stored
Information contained in Appendix A to the Uniform Civil Rules for Supreme
and County Courts in accordance with 22 NYCRR 202.20(j).
(h) Privilege Logs:
 The Court orders OR declines to order that the provisions of 22
N.Y.C.R.R. §202.20-a relating to privilege logs be applicable to this case.
Failure to comply with the provisions of this section may result in sanctions,
including the award of legal fees, and other penalties.

H. VALUATION/FINANCIAL EXPERTS
1. Neutral Experts – The parties request that the Court appoint a neutral expert to value
the following:
The cost of the valuations shall be paid (subject to reallocation): % Plaintiff
and % Defendant

(a) Deferred compensation/Retirement assets

(b) Business interest
(c) Professional practice

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 (d) Real property
(e) Stock options, stock plans or other benefit plan
(f) Intellectual property
(g) Other (identify):

The parties agree that the appointment of the neutral expert as specified above, shall
be pursuant to a separate order which shall designate the neutral expert, what is to
be valued, the manner of payment, the source of funds for payment, and each party’s
responsibility for such payment if not agreed above.
If the Court does not appoint the neutral expert(s) requested above simultaneously
with the signing of this Order, then the parties may suggest names for the Court
to consider appointing. Said names shall be submitted by letter no later than
.

The parties shall notify the Court no later than as to whether

any other neutral experts are required.

2. Experts to be Retained by a Party:

Each party shall select his/her own expert to value
.
The expert shall be identified to the other party by letter with their qualifications and
retained no later than . If a party requires fees to retain an
expert and the parties cannot agree upon the source of the funds, an application for
fees shall be made. Any expert retained by a party must represent to the party hiring
such expert that he or she is available to proceed promptly with the valuation.

Expert reports are to be exchanged by . Absent any date

specified, they are to be exchanged 60 days prior to trial or 30 days after receipt of the
report of the neutral expert, whichever is later. Reply reports are to be exchanged 30
days after service of an expert report.

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 3. Additional Experts:
If, as of the date of this order, a net worth statement has not been served or a party can-
not identify all assets for valuation or cannot identify all issues for an expert, then, upon
the parties’ becoming aware of such assets or issues, that party promptly shall notify the
other party as to any assets for valuation or any issue for which an expert is needed. If
the parties cannot agree upon a neutral expert or the retention of individual experts, either
party may notify the Court for appropriate action. Timely application shall be made to the
Court if assistance is necessary to implement valuation or the retention of an expert.

I. HEALTH INSURANCE COVERAGE NOTICE:

Each party fully understands that upon the entry of a divorce judgment, he/she may no
longer be allowed to receive health coverage under his/her former spouse’s health insurance
plan. Each party understands that he/she may be entitled to purchase health insurance on
his/her own through a COBRA option, if available, otherwise he/she may be required to
secure his/her own health insurance coverage.

J. AUTOMATIC STATUTORY RESTRAINTS (D.R.L. §236[B][2])

Each party acknowledges that he/she has received a copy of the Automatic Statutory
Restraints/Automatic Orders (D.R.L. §236[B][2]). Each party acknowledges that he/
she understands that he/she is bound by those Restraints/Orders during the pendency
of this action, unless terminated, modified, or amended by order of the Court upon
motion of either party or upon written agreement between the parties duly executed
and acknowledged.

K. PARENT EDUCATION:
The Court: has provided information as to parent education.
has taken no action with respect to parent education.
hereby orders the parties to attend parent education.

L. ALTERNATE DISPUTE RESOLUTION/PRESUMPTIVE MEDIATION:

The parties are OR are not aware of the existence of presumptive mediation, collabo-
rative processes and other alternative dispute resolution methods.

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M. NOTICE OF GUIDELINE MAINTENANCE
Each party acknowledges receipt of the following notice from the Court:
If your divorce was commenced on or after January 25, 2016, this Notice is required to be
given to you by the Supreme Court of the county where your divorce was filed to comply
with the Maintenance Guidelines Law ([S. 5678/A. 7645], Chapter 269, Laws of 2015)
because you may not have counsel in this action to advise you. It does not mean that your
spouse is seeking or offering an award of “Maintenance” in this action. Maintenance”
means the amount to be paid to the other spouse for his or her support, either during
the pendency of the divorce action as temporary maintenance or after the divorce is
final as post-divorce maintenance.
You are hereby given notice that under the Maintenance Guidelines Law (Chapter 269,
Laws of 2015), there is an obligation to award the guideline amount of maintenance on
income up to $203,000 to be paid by the party with the higher income (the maintenance
payor) to the party with the lower income (the maintenance payee) according to a formula,
unless the parties agree otherwise or waive this right. Depending on the incomes of the
parties, the obligation might fall on either the Plaintiff or Defendant in the action.
There are two formulas to determine the amount of the obligation. If you and your spouse
have no children, the higher formula will apply. If there are children of the marriage, the lower
formula will apply, but only if the maintenance payor is paying child support to the other spouse
who has the children as the custodial parent. Otherwise the higher formula will apply.
Lower Formula
(a) Multiply Maintenance Payor’s Income by 20%.
(b) Multiply Maintenance Payee’s Income by 25%.
(c) Subtract Line b from Line a: = Result 1
(d) Subtract Maintenance Payee’s Income from 40 % of Combined Income* =
Result 2.
(e) Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero.

THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE

WITH THE LOWER FORMULA

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 Higher Formula
(a) Multiply Maintenance Payor’s Income by 30%
(b) Multiply Maintenance Payee’s Income by 20%
(c) Subtract Line b from Line a= Result 1
(d) Subtract Maintenance Payee’s Income from 40 % of Combined Income*=
Result 2
(e) Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero.

THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE

WITH THE HIGHER FORMULA

*Combined Income equals Maintenance Payor’s Income up to $203,000 plus

Maintenance Payee’s Income
The Court is not bound by the Guideline Amount of Maintenance and may deviate
therefrom in the Court’s discretion as set forth in the statute.
The Court will determine, in its discretion, how long maintenance will be paid in
accordance with the statute.

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N. CONFERENCING AND PRE-TRIAL REQUIREMENTS
1.  Both parties are represented by Counsel, and the parties affirm that their Counsel met
prior to the submission of this Preliminary Conference Stipulation/Order in a good faith
effort to reach agreement without Court intervention, and this Preliminary Conference
Stipulation/Order reflects the agreements, if any, so reached. OR This provision is
not applicable because one or both parties is unrepresented.

2.  Both parties are represented by Counsel, and Counsel shall meet prior to the compli-
ance conference scheduled below in a good faith effort to resolve any outstanding issues
without Court intervention. OR This provision is not applicable because one or both
parties is unrepresented; and the conference will occur with the Court.
3.  Both parties are represented by Counsel, and each party intends to call an expert wit-
ness on any issues of finances described in Paragraph D of this Preliminary Conference
Stipulation/Order, and Counsel shall meet to identify those aspects of their respective
testimony not in dispute. OR This provision is not applicable because one or both
parties is unrepresented.or because the expert testimony relates to matters of child custo-
dy or parental access, domestic violence, domestic abuse, or child neglect or abuse; and
the conference will occur with the Court.
4. T
 he Court directs that the parties and their respective counsel are to appear at a compli-
ance conference to be held on at am/pm. All discovery as
set forth herein above is expected to be completed prior to the compliance conference.
At the conference, counsel shall also be prepared to discuss settlement.
5. The Court has determined that:
(i) the requirements of NYCRR section 202.34 regarding pre-marking of exhibits
shall not apply OR shall apply;
(ii) Exhibit Books shall not be required OR shall be required
(iii) Pre-Trial Memoranda shall not be required OR shall be required

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 6. A Note of Issue shall be filed on or before . Failure to file a Note of
Issue as directed herein may result in dismissal pursuant to CPLR 3216.

THE TRIAL IN THIS MATTER SHALL BE HELD ON:

in part/room at .

All of the above is hereby stipulated to by the parties:

____________________________ _____________________________
Plaintiff (Signature) Defendant (Signature)

Plaintiff (Print Name) Defendant (Print Name)

____________________________ _____________________________
Plaintiff’s Attorney (Signature) Defendant’s Attorney (Signature)

Plaintiff’s Attorney (Print Name) Defendant’s Attorney (Print Name)

Dated: , 20
SO ORDERED:

Justice of the Supreme Court

There is no addendum to this Preliminary Conference Order.

 here is an addendum of
T pages which is attached to this Preliminary Conference
Order.
 here the parties wish to execute this document in counterparts, there is a Counterparts
W
Addendum to this Preliminary Conference Order.

[UCS eff. 7/1/22] Page 13

 COUNTERPARTS ADDENDUM IF SIGNED SEPARATELY

____________________________
Plaintiff (Signature)

Plaintiff (Print Name)

____________________________
Plaintiff’s Attorney (Signature)

Plaintiff’s Attorney (Print Name)

Dated: , 20

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 COUNTERPARTS ADDENDUM IF SIGNED SEPARATELY

____________________________
Defendant (Signature)

Defendant (Print Name)

____________________________
Defendant’s Attorney (Signature)

Defendant’s Attorney (Print Name)

Dated: , 20

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 COUNTERPARTS ADDENDUM IF SIGNED SEPARATELY

Dated: , 20
SO ORDERED:

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