Notice of Issue

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Latest post 02-08-2006 11:23 AM by J Douglas Barics. 3 replies.
  • 02-06-2006 12:53 AM

    Question [=?] Notice of Issue

    Hi all. In a contested divorce case (all ready settled pending filing of papers) who CAN file the notice of issue. Must it be the plaintiff or can the defendant file. I am truly stressed about my divorce since it has been settled but paperwork must be filed and the clerks at the court have not been helpful. Is there anyway to see examples of divorces (yeah i know divorces are sealed in new york) so one can at least see the format. thanks bunch.
  • 02-07-2006 12:23 PM In reply to

    re: Notice of Issue

    Usually the plaintiff files a note of issue, but the defendant may file it as well. Normally, you will either need an order of the court or a stipulation of settlement before the note of issue will be accepted, although local rules may differ for each county.

    The form is available as part of the uncontested divorce package at

    www.courts.state.ny.us

    J. Douglas Barics
    www.jdbar.com

    J. Douglas Barics

    www.jdbar.com

     

  • 02-08-2006 10:34 AM In reply to

    Ok [+0+] re: Notice of Issue

    Thanks again. One question though. I noticed that in many responses to my question that you have referred to the "uncontested divorce packet". However the court has told me that the uncontested packet (hereafter referred to as the UDP) cannot be used for a contested divorce. So my question is this: When a lawyer or Pro Se is in a contested divorce does she/he draw up the papers from scratch (blank paper with said person following a format only a lawyer would know) or some of the UDP which is applicable,i.e. the Judgement of Divorce, Findings of Fact, Notice of Settlement or Verified Statement. I know this is a sidebar but this very dichotomy is keeping me from finishing up my divorce as the case has been settled, contingent on filing said papers. Every time i visit the clerk's office they tell me I have to make it up. Make it up! How could one be Pro Se without a lawyer if one doesnt have a format to follow which is pretty simple in the UDP.
  • 02-08-2006 11:23 AM In reply to

    re: Notice of Issue

    I took a closer look at the note of issue form and it is for an uncontested matter.

    You may have to go to a law library and obtain the correct form from a form book such as McKinneys.

    There is a list of law libraries for the general public listed somewhere on the unified court system homepage. Odds are most are located at the County Supreme Courthouse.

    J. Douglas Barics
    www.jdbar.com

    J. Douglas Barics

    www.jdbar.com

     

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