BILL NUMBER: S4340
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to the
proper form of exhibits
 
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that judges do not deny application for pendente lite child
and spousal support because "tabs" are not used to identify exhibits.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds new subdivision (h) to rule 2101 of the civil practice
law and rules to require that exhibits be clearly identified but no
specific method of labeling would be required. The rejection of any
submission shall not be solely based use of "tabs" to identify exhibit.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:
N/A
 
JUSTIFICATION:
Application for child and spousal support are made by orders to show
cause. Judges in matrimonial cases involving child and spousal support
are rejecting order to show cause application because "tabs" are not
used to identify exhibits. The end result is that child and spousal
support awards are being unreasonably delayed. Child and spousal support
maintenance are awarded from the date the order to show cause is submit-
ted and accepted. Rejecting an order to show cause because "tabs" are
not used to identify exhibits unfairly denies children and spouses much
needed financial support.
 
PRIOR LEGISLATIVE HISTORY:
S.3069 of 2021-22: Referred to Judiciary;
S.1750 of 2019-20: Referred to Judiciary;
S.8645 of 2018: Referred to Judiciary
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately