# NOTICE OF NON-COMPLIANCE -- JUDGE

**[NY][CPLR] Demand for Written Decision with Findings**

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**TO:** Hon. {{Judge Name}}, {{Court Title}}<br>
**FROM:** {{Your Name}}, {{Pro Se / Counsel for Party}}<br>
**DATE:** {{Date}}<br>
**CASE:** {{Caption}} | Index No. {{Number}}<br>
**COURT:** {{Court Name and County}}<br>
**SUBJECT:** Demand for Written Order Stating Grounds and Papers Considered

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**NOTE:** This notice assumes good faith and seeks cooperative compliance with procedural requirements. It is not an accusation of misconduct, but a formal request to ensure complete record and proper procedure.

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## Important Legal Context

**Understanding Written Order Requirements:**
- CPLR Section 2219(a) primarily applies to dispositive orders and final judgments
- Oral rulings made on the record are often legally sufficient
- Courts have discretion in how they document routine procedural matters
- Not every absence of written findings constitutes reversible error (harmless error doctrine applies)

**This notice requests written orders to:**
- Ensure complete appellate record
- Clarify basis for rulings
- Prevent potential appealable error

**This is NOT:**
- An accusation of judicial misconduct
- A guarantee of relief even if orders are absent
- A substitute for proper appellate procedure

**Recommendation:** If this concerns a final order or dispositive motion, consult an attorney about whether written findings are legally required in your specific situation.

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## Legal Authority

You are bound by:

- **CPLR Section 2219(a):** "An order shall state the grounds on which it is based and shall specify the papers on which it was made."
- **22 NYCRR Section 202.48(b):** Decisions on motions "shall be in writing or on the record."
- **CPLR Section 5704(a):** Party may move to vacate or modify ex parte orders.
- **Due Process:** Right to notice, hearing, and written findings before deprivation of liberty or property interests.

## Record Status

As of {{date}}, the following motions or applications have been decided orally or without written orders entered in the record:

1. **Motion No. {{ID}}** -- {{Subject}} -- {{Oral ruling date or docket entry}}
2. **Motion No. {{ID}}** -- {{Subject}} -- {{Oral ruling date or docket entry}}
3. {{Additional motions as applicable}}

No written orders stating grounds or papers considered appear in the NYSCEF docket or court file.

## Demand

Pursuant to the above statutory provisions, you are demanded to:

1. **Enter written orders** for each motion or application listed above, stating:
   - Grounds for the decision
   - Papers and evidence considered
   - Findings of fact (if applicable)
   - Conclusions of law

2. **Provide these orders within {{X}} business days** of service of this notice.

## Cooperative Resolution

If written orders are provided within {{X}} business days, no further action is necessary. This notice will serve only as record preservation for procedural compliance.

## Preservation Notice

This notice preserves the procedural record for:

- Appellate review under CPLR Article 55 (if applicable)
- Motion practice if compliance is not forthcoming
- Administrative record of good-faith compliance efforts

If informal resolution and motion practice are unsuccessful, you may need to consult an attorney about additional remedies.

## Service

Served via {{NYSCEF upload / hand delivery / certified mail}} on {{date}}.

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**Certification of Service**

I certify that this Notice of Non-Compliance was served upon Hon. {{Judge Name}} via {{method}} on {{date}}.

{{Your Signature}}
{{Your Name}}
{{Address}}
{{Phone}}
{{Email}}