Court Rules
Judge

Judge Debra Givens

Individual Rules, Standing Orders & Policies

Rules last changed:
New York Supreme Court, Erie County

Adjournments

72Hoursnotice
  • Adjournment requests must be made in writing, with notice to opposing counsel, and submitted to the Court no later than 72 hours before the scheduled appearance.
Proposed Rescheduled Date
  • An adjournment will not be granted until a new date within 10 days of the original appearance is secured with the Court.
  • Civil trial adjournments may be granted only with the Judge's permission.
  • An adjournment request must be submitted to the judge’s secretary, law clerk, or court clerk and obtained before the scheduled court date.
  • +2 more

Request must include

Proposed Rescheduled Date

Communication

Email

Chambers

htucker@nycourts.gov
Scheduling
Filters:AllMandatoryDiscoveryJuryMemorandaLettersConferences

Document Filing Requirements11 rules

Filing Requirements

Checked against the court's document on Oct 5, 2026Mandatory

The Court will not sign an order without proof that opposing counsel or the pro se party had an opportunity to review it.

Orders will not be signed without proof of opportunity of opposing counsel or pro se party to review.

Document Type

Order

Specific requirements detailed in rule text.
Filing Requirements

Checked against the court's document on Oct 5, 2026Mandatory

Verdict sheets must be provided one week before jury selection.

and verdict sheets are required one (1) week prior to jury selec on.

Document Type

Verdict Sheet

Specific requirements detailed in rule text.
Filing Requirements

We could not find this wording in the court's document. Open the source before relying on it.Mandatory?

Motions to resolve discovery disputes shall be accompanied by an affidavit of good faith attempt at resolution.

Machine summary and details

Summary: A motion to resolve a discovery dispute must be accompanied by an affidavit attesting to a good-faith attempt to resolve the dispute.

Document Type

Discovery Motion

Specific requirements detailed in rule text.
Filing Requirements

We could not find this wording in the court's document. Open the source before relying on it.Mandatory?

Assistant District Attorneys to provide copy of NYSIS to the Court prior to arraignments on indictments, bail motions, and SCI pleas.

Machine summary and details

Summary: Assistant District Attorneys must provide the Court with a copy of the NYSIS before arraignments on indictments, bail motions, and SCI pleas.

Document Type

Nysis Copy

Content & Formatting
Caption
Filing Requirements

We could not find this wording in the court's document. Open the source before relying on it.Mandatory?

All SCI paperwork and Defendant Information Sheet is to be provided to the Court at least 48 hours in advance of the scheduled plea.

Machine summary and details

Summary: All SCI paperwork and the Defendant Information Sheet must be provided to the Court at least 48 hours before the scheduled plea.

Document Type

Sci Paperwork

Content & Formatting
Caption
Filing Requirements

We could not find this wording in the court's document. Open the source before relying on it.Mandatory?

An initial conference will be held virtually via MS Teams unless otherwise indicated. Pleadings and a brief summary of the case in letter form are required in advance of the conference.

Machine summary and details

Summary: The initial conference will be held virtually through MS Teams unless otherwise indicated, and pleadings plus a brief case summary in letter form must be provided beforehand.

Document Type

Initial Conference Submission

Content & Formatting
Caption
Filing Requirements

We could not find this wording in the court's document. Open the source before relying on it.Mandatory?

There must have been a conversation between counsel to attempt to resolve discovery disputes.

Machine summary and details

Summary: Counsel must have a conversation attempting to resolve discovery disputes before filing a discovery-dispute motion.

Document Type

Discovery Motion

Specific requirements detailed in rule text.
Filing Requirements

We could not find this wording in the court's document. Open the source before relying on it.Mandatory?

All orders must be submitted with an indication that the order has been sent to all opposing counsel or pro se litigant.

Machine summary and details

Summary: Every order must be submitted with an indication that it was sent to all opposing counsel or the pro se litigant.

Document Type

Order

Specific requirements detailed in rule text.
Filing Requirements

We could not find this wording in the court's document. Open the source before relying on it.Mandatory?

Requests for costs and/or attorney fees must be accompanied by a bill of costs and an affidavit indicating the basis for the award requested.

Machine summary and details

Summary: A request for costs and/or attorney fees must include a bill of costs and an affidavit stating the basis for the requested award.

Document Type

Costs Or Attorney Fees Request

Specific requirements detailed in rule text.
Filing Requirements

We could not find this wording in the court's document. Open the source before relying on it.Mandatory?

The first motion should include proof of compliance with the 90-day pre-foreclosure notice, where required by RPAPL 1304.

Machine summary and details

Summary: The first foreclosure motion should include proof of compliance with the 90-day pre-foreclosure notice when RPAPL 1304 requires it.

Document Type

Foreclosure Motion

Specific requirements detailed in rule text.
Filing Requirements

We could not find this wording in the court's document. Open the source before relying on it.Mandatory?

All default motions should be accompanied with an attorney affirmation setting forth the basis for the default.

Machine summary and details

Summary: Every default motion must be accompanied by an attorney affirmation stating the basis for the default.

Document Type

Default Motion

Specific requirements detailed in rule text.

Filing & Service rules

Electronic Filing Rules

Papers in matters not subject to electronic filing must be provided to the Court simultaneously with service on all parties.

Papers in matters not subject to e-filing are to be provided to the Court simultaneously with service on all parties.

We could not find this wording in the court's document. Open the source before relying on it.

Page 2 | E-FILING

All papers and exhibits subject to electronic filing, including motions, proposed orders, and proposed judgments, must be electronically filed.

All papers and exhibits subject to e-filing, including motions, proposed orders and proposed judgments shall be electronically filed.

We could not find this wording in the court's document. Open the source before relying on it.

Page 2 | E-FILING

Filing Timing and Cure Windows

The Court must receive all papers at least three days before the return date.

The Court must be in receipt of all papers at least three (3) days prior to the return date.

Checked against the court's document on Oct 5, 2026

Page 1 | CRIMINAL MATTERS

Service and Proof of Service Rules

All motion papers, including responding papers, must be served on counsel and the Court, and the Court must receive them at least three days before the return date.

All mo on papers (including responding papers) should be properly served upon counsel and the Court. Refer to me schedules and procedures set forth in the CPL. The Court must be in receipt of all papers at least three (3) days prior to the return date.

Not confirmed. Read the court's wording below.

Page 1 | CRIMINAL MATTERS

In an occupied-premises foreclosure, notice of motions must be mailed to the defendants even if they have not defaulted in answering the complaint.

Where the premises are occupied, notice of any motions should be mailed to the defendant(s), regardless of whether they are in default in answering the complaint.

We could not find this wording in the court's document. Open the source before relying on it.

Page 2 | FORECLOSURES

Pre-Motion Conference Requirements

Motions are decided on submission, although the Court may grant oral argument upon request on a case-by-case basis.

all mo ons will be decided on submission. Oral argument may be granted, if requested, on a case-by-case basis as determined by the Court.

Checked and corrected to match the court's document on Oct 5, 2026

Page 2 | CIVIL MATTERS

Discovery motions may be subject to a conference with the Law Clerk before argument on the return date.

Discovery motions may be subject to a conference with the Law Clerk prior to argument on the return date.

We could not find this wording in the court's document. Open the source before relying on it.

Page 2 | CIVIL MATTERS

Adjournment & Extension Requirements

Civil trial adjournments may be granted only with the Judge's permission.

Adjournments are granted by permission of the Judge only.

Checked against the court's document on Oct 5, 2026

Page 2 | CIVIL TRIALS

Adjournments generally require counsel’s consent, but emergencies are excepted.

Adjournments will only be granted upon consent of counsel, except in cases of emergency.

Checked against the court's document on Oct 5, 2026

Page 3 | ADJOURNMENTS

Counsel seeking an adjournment must provide written confirmation of the adjournment and rescheduled date to all parties and the court.

Confirma on of any adjournment together with its rescheduled date must be made in wri ng to all par es and to the Court by counsel seeking the adjournment.

Checked against the court's document on Oct 5, 2026

Page 3 | ADJOURNMENTS

An adjournment request must be submitted to the judge’s secretary, law clerk, or court clerk and obtained before the scheduled court date.

Any request for an adjournment shall be made to the Judge’s secretary, law clerk, or court clerk and must be obtained in advance of the scheduled court date.

Checked against the court's document on Oct 5, 2026

Page 3 | ADJOURNMENTS

An adjournment will not be granted until a new date within 10 days of the original appearance is secured with the Court.

No adjournment will be granted until a new date is secured with the Court that is within 10 days of the original scheduled appearance.

We could not find this wording in the court's document. Open the source before relying on it.

Page 1 | SUPERIOR CRIMINAL COURTS ADJOURNMENT POLICY

Adjournment requests must be made in writing, with notice to opposing counsel, and submitted to the Court no later than 72 hours before the scheduled appearance.

Requests for adjournments must be made in writing, on notice to opposing counsel, and the Court no later than 72 hours prior to the scheduled appearance.

We could not find this wording in the court's document. Open the source before relying on it.

Page 1 | SUPERIOR CRIMINAL COURTS ADJOURNMENT POLICY

Chambers Communication Rules

Foreclosure scheduling must be done by email to htucker@nycourts.gov, pkoenig@nycourts.gov, and sfagan@nycourts.gov.

Foreclosure scheduling is done by email to: htucker@nycourts.gov and pkoenig@nycourts.gov and sfagan@nycourts.gov.

Checked and corrected to match the court's document on Oct 5, 2026

Page 2 | FORECLOSURES

Court-wide rules

Applies court-wide

These 4 rules apply across New York Supreme Court, Erie County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 3
  • Applies to
    236B financial affidavit

    Both sides must exchange completed 236B Financial Affidavits before the first court conference.

  • Applies to
    Proposed dispositions

    Parties or their attorneys must exchange proposed dispositions after exchanging the required information.

  • Applies to
    Final judgment roll

    Within a few weeks after the specified stipulation or fully executed agreements, one attorney must submit the final judgment roll, including the final Findings and Judgment.

Service

All 1
  • A certified copy of the final judgment must be served on both parties.

Common questions about Judge Debra Givens's rules

Does Judge Debra Givens require a pre-motion conference or letter before filing a motion?

Judge Debra Givens's rules set a pre-motion procedure for covered motions. Motions are decided on submission, although the Court may grant oral argument upon request on a case-by-case basis.

View ruleSource: page 2, section CIVIL MATTERS

What must be included with nysis copy filings before Judge Debra Givens?

The rule requires caption. Assistant District Attorneys must provide the Court with a copy of the NYSIS before arraignments on indictments, bail motions, and SCI pleas.

View ruleSource: page 1, section CRIMINAL MATTERS

What must be included with sci paperwork filings before Judge Debra Givens?

The rule requires caption. All SCI paperwork and the Defendant Information Sheet must be provided to the Court at least 48 hours before the scheduled plea.

View ruleSource: page 1, section CRIMINAL MATTERS

How may parties contact Judge Debra Givens' chambers?

The rule addresses email communications with Judge Debra Givens' chambers. The rule lists email htucker@nycourts.gov. Foreclosure scheduling must be done by email to htucker@nycourts.gov, pkoenig@nycourts.gov, and sfagan@nycourts.gov.

View ruleSource: page 2, section FORECLOSURES

How do I request an adjournment or extension before Judge Debra Givens?

Requests should be made at least 72 hours in advance when this rule applies before Judge Debra Givens. The request must include proposed rescheduled date. Adjournment requests must be made in writing, with notice to opposing counsel, and submitted to the Court no later than 72 hours before the scheduled appearance.

View ruleSource: page 1, section SUPERIOR CRIMINAL COURTS ADJOURNMENT POLICY

Is electronic filing required before Judge Debra Givens?

Yes. Electronic filing is required for the covered filings. All papers and exhibits subject to electronic filing, including motions, proposed orders, and proposed judgments, must be electronically filed.

View ruleSource: page 2, section E-FILING

What filing deadlines does Judge Debra Givens set?

The Court must receive all papers at least three days before the return date.

View ruleSource: page 1, section CRIMINAL MATTERS

What rule applies to service by mail before Judge Debra Givens?

The rule addresses service method, recipient, or timing requirements. Details: method: service by mail. All motion papers, including responding papers, must be served on counsel and the Court, and the Court must receive them at least three days before the return date.

View ruleSource: page 1, section CRIMINAL MATTERS
Complete rules summary for Judge Debra Givens

Foreclosure scheduling must be done by email to htucker@nycourts.gov, pkoenig@nycourts.gov, and sfagan@nycourts.gov.

Assistant District Attorneys must provide the Court with a copy of the NYSIS before arraignments on indictments, bail motions, and SCI pleas.

All SCI paperwork and the Defendant Information Sheet must be provided to the Court at least 48 hours before the scheduled plea.

All motion papers, including responding papers, must be served on counsel and the Court, and the Court must receive them at least three days before the return date.

The Court must receive all papers at least three days before the return date.

Adjournment requests must be made in writing, with notice to opposing counsel, and submitted to the Court no later than 72 hours before the scheduled appearance.

An adjournment will not be granted until a new date within 10 days of the original appearance is secured with the Court.

The initial conference will be held virtually through MS Teams unless otherwise indicated, and pleadings plus a brief case summary in letter form must be provided beforehand.

A motion to resolve a discovery dispute must be accompanied by an affidavit attesting to a good-faith attempt to resolve the dispute.

Counsel must have a conversation attempting to resolve discovery disputes before filing a discovery-dispute motion.

Motions are decided on submission, although the Court may grant oral argument upon request on a case-by-case basis.

Discovery motions may be subject to a conference with the Law Clerk before argument on the return date.

Every order must be submitted with an indication that it was sent to all opposing counsel or the pro se litigant.

The Court will not sign an order without proof that opposing counsel or the pro se party had an opportunity to review it.

All papers and exhibits subject to electronic filing, including motions, proposed orders, and proposed judgments, must be electronically filed.

Papers in matters not subject to electronic filing must be provided to the Court simultaneously with service on all parties.

Every default motion must be accompanied by an attorney affirmation stating the basis for the default.

The first foreclosure motion should include proof of compliance with the 90-day pre-foreclosure notice when RPAPL 1304 requires it.

In an occupied-premises foreclosure, notice of motions must be mailed to the defendants even if they have not defaulted in answering the complaint.

A request for costs and/or attorney fees must include a bill of costs and an affidavit stating the basis for the requested award.

Civil trial adjournments may be granted only with the Judge's permission.

Verdict sheets must be provided one week before jury selection.

An adjournment request must be submitted to the judge’s secretary, law clerk, or court clerk and obtained before the scheduled court date.

Counsel seeking an adjournment must provide written confirmation of the adjournment and rescheduled date to all parties and the court.

Adjournments generally require counsel’s consent, but emergencies are excepted.

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