Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2018 |
committed to rules |
Apr 23, 2018 |
advanced to third reading |
Apr 18, 2018 |
2nd report cal. |
Apr 17, 2018 |
1st report cal.809 |
Apr 11, 2018 |
print number 5736a |
Apr 11, 2018 |
amend and recommit to judiciary |
Jan 03, 2018 |
referred to judiciary |
Jun 21, 2017 |
committed to rules |
May 15, 2017 |
advanced to third reading |
May 10, 2017 |
2nd report cal. |
May 09, 2017 |
1st report cal.872 |
Apr 27, 2017 |
referred to judiciary |
Senate Bill S5736A
2017-2018 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2017-S5736 - Details
- Current Committee:
- Senate Rules
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add R514, CPLR
2017-S5736 - Sponsor Memo
BILL NUMBER: S5736 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to venue in matrimonial actions This is one in a series of measures being introduced at the request of the Chief Administrative Judge's Matrimonial Advisory Committee. This measure would add a new rule 514 to the CPLR. The rule would require that venue in a matrimonial action be fixed in a county where one of the parties to such action resides absent good cause being shown to fix it elsewhere. Under present law, matrimonial plaintiffs regularly utilize the mechanism allowed by CPLR 509 to designate venue in the county of their choice (often New York County), even though none of the parties may be residents of that county. The reason why CPLR 509 designations of venue are so frequent is partly for the convenience of attorneys working in large metropolitan areas who do not want to travel to file papers, and partly to take advantage of what is widely believed to be expedited processing of divorces in certain counties such as New York County. Current practice is truly problematic, however, as amply illustrated
2017-S5736 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5736 2017-2018 Regular Sessions I N S E N A T E April 27, 2017 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to venue in matrimonial actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil practice law and rules is amended by adding a new rule 514 to read as follows: RULE 514. VENUE IN MATRIMONIAL ACTIONS. (A) THIS RULE APPLIES TO ALL ACTIONS WHEREIN ALL OR PART OF THE RELIEF GRANTED IS DIVORCE, ALL ACTIONS BROUGHT IN SUPREME COURT FOR CUSTODY OR VISITATION, ALL APPLICA- TIONS TO MODIFY A SUPREME COURT ORDER OF CUSTODY OR VISITATION, ALL ACTIONS WHEREIN ALL OR PART OF THE RELIEF GRANTED IS THE DISSOLUTION, ANNULMENT OR DECLARATION OF THE NULLITY OF A MARRIAGE, ALL PROCEEDINGS TO OBTAIN A DISTRIBUTION OF MARITAL PROPERTY FOLLOWING A FOREIGN JUDG- MENT OF DIVORCE, AND ALL POST-JUDGMENT PROCEEDINGS. (B) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 503 OR ELSE- WHERE IN THIS ARTICLE, THE PLACE OF TRIAL IN AN ACTION SUBJECT TO SUBDI- VISION (A) OF THIS RULE SHALL BE IN A COUNTY IN WHICH EITHER PARTY RESIDES, EXCEPT FOR GOOD CAUSE SHOWN. (C) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 509 OR ELSE- WHERE IN THIS ARTICLE, THE PLACE OF TRIAL DESIGNATED BY THE PLAINTIFF IN AN ACTION SPECIFIED IN SUBDIVISION (A) OF THIS RULE SHALL BE AS SPECI- FIED IN SUBDIVISION (B) OF THIS RULE. (D) IN ANY ACTION SPECIFIED IN SUBDIVISION (A) OF THIS RULE, THE COURT MAY FOR GOOD CAUSE SHOWN, ALLOW THE TRIAL TO PROCEED BEFORE IT, NOTWITH- STANDING THAT VENUE WOULD NOT LIE PURSUANT TO SUBDIVISION (B) OF THIS RULE. § 2. This act shall take effect on the sixtieth day after it shall have become a law and shall apply to matrimonial actions commenced on or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
2017-S5736A (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add R514, CPLR
2017-S5736A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5736A SPONSOR: BONACIC TITLE OF BILL: An act to amend the civil practice law and rules, in relation to venue in matrimonial actions This is one in a series of measures being introduced at the request of the Chief Administrative Judge on the recommendation of his Matrimonial Practice Advisory and Rules Committee. This measure would add a new rule 514 to the CPLR to require that venue in a matrimonial action be fixed in a county where one of the parties to such action resides absent good cause being shown to fix it elsewhere. This measure continues our effort to address a problem with venue rules in matrimonial actions. It furthers the Chief Judge's Excellence Initi- ative by promoting more efficient disposition of uncontested divorce cases while, at the same time, furthering access to justice. In short, it promotes both "operational" and "decisional" excellence. Matrimonial plaintiffs regularly resort to CPLR 509 as authority to designate venue in the county of their choice (often New York County), even though none of the parties resides in that county. The reason why
2017-S5736A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5736--A 2017-2018 Regular Sessions I N S E N A T E April 27, 2017 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- recommitted to the Commit- tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil practice law and rules, in relation to venue in matrimonial actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil practice law and rules is amended by adding a new rule 514 to read as follows: RULE 514. VENUE IN MATRIMONIAL ACTIONS. (A) THIS RULE APPLIES TO ALL ACTIONS WHEREIN ALL OR PART OF THE RELIEF GRANTED IS DIVORCE, ALL ACTIONS BROUGHT IN SUPREME COURT FOR CUSTODY OR VISITATION, ALL APPLICA- TIONS TO MODIFY A SUPREME COURT ORDER OF CUSTODY OR VISITATION, ALL ACTIONS WHEREIN ALL OR PART OF THE RELIEF GRANTED IS THE DISSOLUTION, ANNULMENT OR DECLARATION OF THE NULLITY OF A MARRIAGE, ALL PROCEEDINGS TO OBTAIN A DISTRIBUTION OF MARITAL PROPERTY FOLLOWING A FOREIGN JUDG- MENT OF DIVORCE, AND ALL POST-JUDGMENT PROCEEDINGS FOLLOWING A JUDGEMENT OF DIVORCE. (B) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARTICLE, THE PLACE OF TRIAL IN AN ACTION SUBJECT TO SUBDIVISION (A) OF THIS RULE SHALL BE IN A COUNTY IN WHICH EITHER PARTY RESIDES OR, IF THERE ARE MINOR CHILDREN OF THE MARRIAGE, IN THE COUNTY WHERE ONE OF THE PARTIES OR A CHILD OR CHILDREN OF THE MARRIAGE RESIDES; EXCEPT THAT WHERE THE ADDRESS OF EITHER PARTY AND ANY CHILD OR CHILDREN ARE NOT A MATTER OF PUBLIC RECORD, OR WHERE ANY SUCH ADDRESS IS SUBJECT TO AN EXISTING CONFIDENTIALITY ORDER PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OF THE DOMESTIC RELATIONS LAW OR SECTION ONE HUNDRED FIFTY-FOUR-B OF THE FAMILY COURT ACT, THE PLACE OF TRIAL DESIGNATED BY THE PLAINTIFF IN ANY ACTION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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