# NOTICE OF NON-COMPLIANCE (Universal)

**TO:** {{Name, Title}}<br>
**FROM:** {{Your Name}}<br>
**DATE:** {{Date}}<br>
**CASE:** {{Caption, Index Number}}<br>
**COURT:** {{Court Name and Location}}<br>
**SUBJECT:** Procedural Notice and Demand for Statutory Compliance

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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

**Procedural compliance is important, but:**
- Courts apply "harmless error" doctrine - not every procedural deviation warrants reversal or sanction
- You must show the violation caused actual prejudice to your case
- Appellate courts balance procedural strictness against substantive justice
- Informal compliance is preferred over formal motion practice

**This notice:**
- Creates a record of the procedural issue
- Requests compliance to avoid appealable error
- Does NOT guarantee relief even if violation occurred

**Recommendation:** Consult an attorney to evaluate whether a procedural issue is material to your case.

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## 1. Role and Authority

You act as {{Role}} in the above-captioned matter, bound by {{Applicable Statutes, Rules, and Ethical Provisions}}.

## 2. Identified Duty

The law requires you to {{specific statutory or rule-based duty}}. No compliant action or written explanation appears in the record filed with the court as of {{date}}.

## 3. Demand for Compliance

You are hereby demanded to:

- **Perform** the required action within {{X}} business days of service of this notice, **OR**
- **Provide written authority** for non-performance, including statutory basis and factual justification, within the same timeframe.

## 4. Record Preservation

This document serves as:

- Formal notice of non-compliance for appellate and administrative review
- Preservation notice under applicable record-keeping rules
- Basis for further relief if statutory duties remain unperformed

## 5. Service and Filing

This notice is served via {{method of service}} and {{filed/uploaded}} to {{NYSCEF, CM/ECF, or other platform}} on {{date}}.

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## Role Modules

Use the appropriate module below based on the recipient's role.

### Judge

**Applicable Authority:**
- CPLR Section 2219(a): Orders must state grounds and papers considered
- 22 NYCRR Section 202.48(b): Decisions on motions must be in writing or on the record
- CPLR Section 5704(a): Right to review ex parte orders

**Duties:**
- Issue written decisions with findings of fact and conclusions of law
- State grounds for rulings and papers considered
- Provide notice and opportunity to be heard before adverse rulings

### Attorney for the Child (AFC)

**Applicable Authority:**
- FCA Section 241–249: Duties of law guardians and attorneys for children
- 22 NYCRR Section 7.2(d): Standards for representation

**Duties:**
- Zealous advocacy for client's expressed wishes
- Investigation and independent assessment
- Timely court appearances and communications

### Assigned Counsel

**Applicable Authority:**
- Rules of Professional Conduct 1.2: Scope of representation
- RPC 1.3: Diligence
- RPC 1.4: Communication with client

**Duties:**
- Competent and diligent representation
- Regular client communication
- Adherence to client's objectives

### Court Clerk

**Applicable Authority:**
- CPLR Section 5017(b): Entry and filing of orders
- 22 NYCRR Section 202.48: Motion procedures and record-keeping

**Duties:**
- Accurate docketing and record maintenance
- Timely processing of filings
- Providing access to court records

### Opposing Counsel

**Applicable Authority:**
- RPC 3.3: Candor toward the tribunal
- RPC 3.4: Fairness to opposing party and counsel
- RPC 8.4: Misconduct

**Duties:**
- Good faith in pleadings and discovery
- Disclosure of controlling adverse authority
- Timely responses to procedural requests

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**Service Certification**

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

{{Your Signature}}
{{Your Name}}
{{Contact Information}}