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New York Matrimonial Trial Handbook

The New York Matrimonial Trial Handbook by Joel R. Brandes is available online in the print edition at the Bookbaby Bookstore and other bookstores. It is now available in Kindle ebook editions and epub ebook editions in our website bookstore. It is also available at Amazon Kindle, Barnes & Noble and Goodreads.

The New York Matrimonial Trial Handbook was written for both the attorney who has never tried a matrimonial action and for the experienced litigator. It is a “how to” book for lawyers. This 836 page handbook focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a matrimonial action. It is intended to be an aid for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. The handbook deals extensively with the testimonial and documentary evidence necessary to meet the burden of proof. There are thousands of suggested questions for the examination of witnesses at trial to establish each cause of action and requests for ancillary relief, as well as for the cross-examination of difficult witnesses. Table of Contents

Thursday, November 27, 2014

Omission or Redaction of Confidential Personal Information



 The Uniform Civil Rules of the Supreme and County Courts were amended to require the omission or redaction of Confidential Personal Information from papers filed with the court. See 22 NYCRR 202.5(e), relating to the omission or redaction of confidential personal information, effective January 1, 2015. Compliance with this rule is voluntary from January 1 through February 28, 2015, and mandatory thereafter. See 2014 New York Court Order (C.O. 00290), NY Order 14-0029. The rules do not apply to a matrimonial action. 22 NYCRR 202.5(e)(1). In addition, the rules do not apply in a proceeding in surrogate's court, or a proceeding pursuant to article 81 of the mental hygiene law, or as otherwise provided by rule or law or court order.

 The Civil Practice Law and Rules defines the term "matrimonial action" to include actions for a separation, for an annulment or dissolution of a marriage, for a divorce, for a declaration of the nullity of a void marriage, for a declaration of the validity or nullity of a foreign judgment of divorce and for a declaration of the validity or nullity of a marriage. The definition of “matrimonial action” in the civil practice law and rules does not include an action to set aside or declare void a prenuptial agreement, separation agreement or postnuptial agreement, an action to declare the validity of such an agreement, nor an action for a declaratory judgment with regards to, specific enforcement or breach of such an agreement. Nor does it include an action to declare the legitimacy of a child commenced in the Supreme Court, a visitation proceeding commenced pursuant to Domestic Relations Law § 72, or an action for child support. Thus, parties in such actions are required to comply with this rule.

 The parties are required to omit or redact confidential personal information (“CPI”) in papers submitted to the court for filing as defined in the rules Confidential personal information ("CPI") means: the taxpayer identification number of an individual or an entity, including a social security number, an employer identification number, and an individual taxpayer identification number, except the last four digits thereof; the date of an individual's birth, except the year thereof; the full name of an individual known to be a minor, except the minor's initials; and. a financial account number, including a credit and/or debit card number, a bank account number, an investment account number, and/or an insurance account number, except the last four digits or letters thereof. 22 NYCRR 202.5(e)(1).
  

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