Court Rules
Judge

Judge Diane Y. Devlin

Individual Rules, Standing Orders & Policies

Rules last changed:
New York Supreme Court, Erie County
Filters:AllImportantFormatting

Document Format Requirements1 rule

FormattingCivil cases

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

Hard copies are not required unless the Court requests them.

Hard copies are not required unless requested by the Court.

JudgeDevlin2026 · Jun 2026 · p. 1|SecCIVIL

Document Filing Requirements1 rule

Filing RequirementsCivil cases

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

Orders based on the court’s decision must be submitted to all counsel for approval before submission to the Court.

Orders based upon a Decision of this court will be submitted to all counsel for approval prior to submission to the Court.

Document Type

Proposed Order

Content & Formatting
Proposed Order
JudgeDevlin2026 · Jun 2026 · p. 2|SecCIVIL

Filing & Service rules

Filing Timing and Cure Windows

Dispositive motions must be made within 120 days after the Note of Issue is filed.

Dispositive Motions will be made within 120 days from the filing of the Note of Issue.

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

Page 1 | CIVIL

Opposition papers must be uploaded one week before the return date, and replies must be submitted by noon on the Tuesday before argument.

Opposition papers are due to be uploaded one week before the return date, and replies are due by noon on Tuesday prior to the argument.

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

Page 1 | CIVIL

Expert disclosures must be made 30 days before trial.

Expert disclosure will be made thirty (30) days before trial.

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

Page 2 | TRIAL DEADLINES

Proposed jury verdict sheets and requests to charge must be submitted to chambers two weeks before jury selection.

Proposed Jury Verdict Sheets and Requests to Charge will be submitted to chambers two (2) weeks before jury selection.

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

Page 2 | TRIAL DEADLINES

Service and Proof of Service Rules

Temporary restraining orders, when possible, require notice to the opposing attorney.

Temporary Restraining Orders, where possible, will require notice to the opposing attorney.

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

Page 1 | CIVIL

Counsel seeking an adjournment must confirm it and the rescheduled dates in writing to all parties and the Court.

Confirmation of any adjournment together with its rescheduled dates must be made in writing to all parties and to the Court by counsel seeking the adjournment.

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

Page 2 | CONFERENCES

Motions in limine must be served for argument before trial begins on the special term before proof, or as otherwise scheduled by the Court.

Motions in limine will be served to be argued before the start of trial on the special term before proof or as otherwise scheduled by the Court.

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

Page 2 | TRIAL DEADLINES

If parties cannot agree on a proposed order, the proposed order and notice of settlement must be served with ten days' notice by mail or five days' notice by personal service, returnable at the original proposed order's date and time.

If the parties are unable to agree to a proposed Order, the proposed Order and notice of settlement will be served in accordance with Uniform Rule Section 202.48 which provides for ten (10) days mailed notice or five (5) days notice if by personal service and made returnable on the same date and time as the original proposed Order.

Not confirmed. Read the court's wording below. · Civil cases

Page 2 | CIVIL

Pre-Motion Conference Requirements

A temporary restraining order in a case assigned to another Justice may be granted only with prior approval from the IAS Justice or the IAS Justice’s law clerk.

TRO’s on cases assigned to another Justice will only be grated upon the prior approval of the IAS Justice or his/her Law Clerk.

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

Page 1 | CIVIL

Adjournment & Extension Requirements

Motions are generally not adjourned and may be adjourned only with consent from all parties and notice to the Court.

Motions will not be adjourned generally and can only be adjourned upon consent of all parties and with notice to the Court.

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

Page 1 | CIVIL

Adjournments of compliance conferences or pre-trials to a day certain are granted upon consent of all parties.

Adjournments of compliance conferences or pre-trials to a day certain will be granted upon consent of all parties.

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

Page 2 | CONFERENCES

Preliminary conferences may be adjourned only with consent of all counsel and only to a date within 45 days after the RJI is filed.

Preliminary conferences may only be adjourned upon consent of all counsel and only to a date within the 45-days from filing of the RJI.

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

Page 2 | CONFERENCES

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.

View all New York Supreme Court, Erie County rules
Common questions about Judge Diane Y. Devlin's rules

Does Judge Diane Y. Devlin require a pre-motion conference or letter before filing a motion?

Judge Diane Y. Devlin's rules set a pre-motion procedure for tro. A temporary restraining order in a case assigned to another Justice may be granted only with prior approval from the IAS Justice or the IAS Justice’s law clerk.

View ruleSource: page 1, section CIVIL

What must be included with proposed order filings before Judge Diane Y. Devlin?

The rule requires proposed order. Orders based on the court’s decision must be submitted to all counsel for approval before submission to the Court.

View ruleSource: page 2, section CIVIL

How do I request an adjournment or extension before Judge Diane Y. Devlin?

Advance notice is not fully stated in the structured details. Motions are generally not adjourned and may be adjourned only with consent from all parties and notice to the Court.

View ruleSource: page 1, section CIVIL

What filing deadlines does Judge Diane Y. Devlin set?

Dispositive motions must be made within 120 days after the Note of Issue is filed.

View ruleSource: page 1, section CIVIL

What rule applies to service by mail before Judge Diane Y. Devlin?

The rule addresses service method, recipient, or timing requirements. Details: method: service by mail, timing: before filing. If parties cannot agree on a proposed order, the proposed order and notice of settlement must be served with ten days' notice by mail or five days' notice by personal service, returnable at the original proposed order's date and time.

View ruleSource: page 2, section CIVIL
Complete rules summary for Judge Diane Y. Devlin

Dispositive motions must be made within 120 days after the Note of Issue is filed.

Hard copies are not required unless the Court requests them.

Opposition papers must be uploaded one week before the return date, and replies must be submitted by noon on the Tuesday before argument.

Temporary restraining orders, when possible, require notice to the opposing attorney.

A temporary restraining order in a case assigned to another Justice may be granted only with prior approval from the IAS Justice or the IAS Justice’s law clerk.

Motions are generally not adjourned and may be adjourned only with consent from all parties and notice to the Court.

Orders based on the court’s decision must be submitted to all counsel for approval before submission to the Court.

If parties cannot agree on a proposed order, the proposed order and notice of settlement must be served with ten days' notice by mail or five days' notice by personal service, returnable at the original proposed order's date and time.

Preliminary conferences may be adjourned only with consent of all counsel and only to a date within 45 days after the RJI is filed.

Adjournments of compliance conferences or pre-trials to a day certain are granted upon consent of all parties.

Counsel seeking an adjournment must confirm it and the rescheduled dates in writing to all parties and the Court.

Expert disclosures must be made 30 days before trial.

Proposed jury verdict sheets and requests to charge must be submitted to chambers two weeks before jury selection.

Motions in limine must be served for argument before trial begins on the special term before proof, or as otherwise scheduled by the Court.

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