Summary Statements are to be filed by all attorneys
and pro se parties in all temporary orders hearings, whether pertaining to original petitions for divorce, modifications,
enforcement or other situations in which temporary orders are being requested. Summary Statements are not required for final
At least two working
days prior to the scheduled temporary orders hearing, counsel (or the pro se party) shall file a summary statement of their
position with the court, either in person, via mail or via email. To the extent possible, please avoid faxing your summary
statement. Mail your summary statement in sufficient time for it to be in the court’s hands two days prior to the hearing.
All deliveries are to be at the Hempstead address shown on the Web site.
The summary statement is not a confidential document. It is an advocacy document intended to
set out for the court the position and contentions of the party and the key witnesses of that party. It is more in the nature
of a written opening statement designed to focus the court’s attention on the position of the parties. A copy of the
summary statement is to be delivered to opposing counsel at the same time as delivery to the court. Opposing counsel shall
not specifically cross-examine on the summary statement itself as it is an advocacy document, but certainly may examine the
positions outlined in the summary statement.
The summary statement is expected to be factually correct although positional interpretation is allowed. It may be
in letter, pleading or memorandum format, single spaced and must be at least 12-point or larger type, and no more than two
pages long. The cause and style of the case should appear at the beginning of the summary.
The idea is to compress as much advocacy information into the two pages
as is reasonably possible, allowing for readability and proper grammar. This is not a legal brief.