Court Rules
Judge

Judge J. David Sampson

Individual Rules, Standing Orders & Policies

Rules last changed:
New York Supreme Court, Erie County

Limits & Logistics

Document Limits

Case Summary
1 pgs

Courtesy Copies

Courtesy copies

  • Not required

Communication

Email

Clerk

lrivera@nycourts.gov
Scheduling
Filters:AllMandatoryImportantConferencesMemorandaDiscoverySettlementTRO/Injunction

Page & Word Limits1 rule

Page LimitsCivil cases

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

The required case summary may not exceed one page.

A brief summary (no more than a page) of the case is required one week prior to the initial conference.

Case Summary

1 pages

JudgeSampson2025 · Dec 2025 · p. 3
|SecCOMMERCIAL DIVISION ACTIONS

Document Filing Requirements7 rules

Filing RequirementsCivil cases

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

Every discovery motion must include an affidavit of good faith.

Affidavits of good faith are required with all discovery motions.

Document Type

Discovery Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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

Except for Orders to Show Cause, all attorneys and parties must approve an order before submission to the Court for signature, and the Court must be notified of that approval.

All orders (except Orders to Show Cause) are to be approved by all attorneys/parties prior to submission to the Court for signature, with notice to the Court of such approval.

Document Type

Proposed Order

Content & Formatting
Proposed Order
Filing RequirementsCivil cases

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

A settlement for available insurance coverage in an excess-policy-limit case requires preparation of three specified insurance-coverage affidavits.

If a case with a value in excess of the policy limits is being settled for the available insurance coverage, be prepared to submit the following: an affidavit from the insured detailing their knowledge of insurance coverage; an affidavit from counsel offering policy limits detailing their activities in ascertaining the existence of all available insurance coverage; and an affidavit from a principal with the insurance company swearing that they have no knowledge of any other available insurance coverage.

Document Type

Settlement Submission

Specific requirements detailed in rule text.
JudgeSampson2025 · Dec 2025 · p. 2
|SecSPECIAL REQUIREMENTS ON POLICY LIMIT CASES
Filing RequirementsCivil cases

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

A case summary limited to one page is required one week before the initial conference.

A brief summary (no more than a page) of the case is required one week prior to the initial conference.

Document Type

Case Summary

Specific requirements detailed in rule text.
JudgeSampson2025 · Dec 2025 · p. 3
|SecCOMMERCIAL DIVISION ACTIONS
Filing RequirementsCivil cases

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

Counsel must bring calendars to every conference so dates for the scheduling order and trial availability can be determined.

Counsel must bring their calendars to all conferences to determine applicable dates for the scheduling order and trial availability.

Document Type

Calendar

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

Trial counsel are required to attend the final pretrial conference.

Summary: Trial counsel must attend the final pretrial conference.

Document Type

Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

Requests for TROs on cases assigned to another Judge will be considered only upon prior approval of the IAS Judge or his/her Law Clerk.

Summary: A TRO request assigned to another judge will be considered only after approval by the IAS judge or that judge's law clerk.

Document Type

TRO

Specific requirements detailed in rule text.

Filing & Service rules

Electronic Filing Rules

Correspondence must not be filed on NYSCEF because the Court will not consider it.

The Court will not accept, receive notice of or review correspondence that is filed on NYSCEF.

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

Page 1 | CORRESPONDENCE

Motions, cross-motions, opposing papers, and replies must be electronically filed on NYSCEF.

All motions, cross-motions, opposing papers and replies are to be e-filed on NYSCEF.

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

Page 1 | MOTIONS

Motion papers may not be filed by fax.

No motion papers may be faxed.

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

Page 1 | MOTIONS

Filing Timing and Cure Windows

Reply papers must be e-filed at least two days before the return date.

Reply papers must be e-filed by no later than two (2) days prior to the return date.

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

Page 1 | MOTIONS

All motion papers must be e-filed at least ten days before the return date.

All motion papers must be e-filed at least ten (10) days prior to the return date.

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

Page 1 | MOTIONS

Any oral-argument request must be submitted to the Court at least three business days before the return date.

Any such request must be made to the Court at least three (3) business days in advance of the return date.

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

Page 1 | MOTIONS

Answering papers and cross-motions must be received at least three days before the return date.

Answering papers and/or cross-motions must be received no later than at least three (3) days prior to the return date.

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

Page 1 | MOTIONS

Unless the trial order states otherwise, the listed jury-order materials must be submitted two weeks before jury selection or trial, with requests to charge and proposed verdict sheets in Microsoft Word.

Generally, the trial order will state that marked pleadings, requests to charge (in Microsoft Word), proposed verdict sheets (in Microsoft Word), motions in limine and a proposed paragraph statement of the case to be submitted with the jury order are required two (2) weeks prior to jury selection or trial.

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

Page 2 | TRIALS AND REFERENCES

All motions in limine must be made returnable no later than one week before jury selection.

All motions in limine shall be made returnable no later than one (1) week prior to jury selection.

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

Page 2 | TRIALS AND REFERENCES

The Court will hold a preliminary conference within forty-five days after receiving a filed RJI.

Pursuant to 22 NYCRR 202.12 (b), a preliminary conference will be held within forty-five (45) days of the Court’s receipt of a filed RJI.

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

Page 2 | CONFERENCES

Unless the Court reserves decision, the moving party must submit the order within twenty-one days.

Where the Court has not reserved decision, orders are to be submitted within twenty-one (21) days by the party who brought the motion.

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

Page 2 | ORDERS

Service and Proof of Service Rules

The Court will not sign an order without proof that it was submitted to opposing counsel or a pro se party for review and without a reasonable review period.

Orders will not be signed without proof of submission to opposing counsel or pro se party to review and a reasonable time period for review.

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

Page 2 | ORDERS

Unless the trial order provides otherwise, plaintiff expert disclosures must be served at least sixty days before trial and defendant expert disclosures at least thirty days before trial.

Unless the trial order states otherwise, Plaintiff expert witness disclosures are to be served no later than sixty (60) days prior to trial and defendant expert witness disclosures are to be served no later than thirty (30) days prior to the trial.

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

Page 2 | TRIALS AND REFERENCES

Courtesy Copy Requirements

A working copy of e-filed motion papers is not required.

The Court does not require a working copy of e-filed motion papers.

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

Page 1 | MOTIONS

Pre-Motion Conference Requirements

Counsel must meet and confer in good faith on every discovery motion and attempt to resolve discovery disputes before motion practice.

Pursuant to 22 NYCRR 202.20-f (b), counsel shall meet and confer with one another on all discovery motions in a good faith effort to resolve discovery disputes before motion practice.

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

Page 1 | MOTIONS

All motions will ordinarily be decided on the submitted papers.

Pursuant to 22 NYCRR 202.8-f, all motions will be decided on submission.

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

Page 1 | MOTIONS

A party may request oral argument before the return date, but the Court will decide each request case by case.

Oral argument may be requested in advance of the return date and will be determined by the Court on a case-by-case.

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

Page 1 | MOTIONS

If all parties agree, counsel may request in-person or Microsoft Teams oral argument.

Upon agreement by all parties, appearance for oral argument in person or via Microsoft Teams may also be requested.

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

Page 1 | MOTIONS

A discovery motion may be subject to a conference with Jennifer Noah before oral argument on the return date.

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

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

Page 1 | MOTIONS

Counsel may elect to submit a motion for decision on the papers rather than request oral argument.

Alternatively, counsel may submit on papers.

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

Page 1 | MOTIONS

Adjournment & Extension Requirements

The Court will strictly adhere to its trial schedule, and trial adjournments will be granted only in exceptional circumstances.

The Court will adhere strictly to its trial schedule and adjournments will only be granted in exceptional circumstances.

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

Page 2 | TRIALS AND REFERENCES

Motion adjournments are generally barred and require the consent of all parties and the Court.

Motions cannot be adjourned generally. Adjournments will be granted only with the consent of all parties, subject to the consent of the Court.

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

Page 2 | MOTIONS

Counsel must seek a motion adjournment no later than the day before the return date.

Counsel are to seek an adjournment no later than the day prior to the return date.

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

Page 2 | MOTIONS

Conference adjournments require the prior consent of all parties and the Court's consent.

Adjournments will be granted with prior consent of all parties, subject to the consent of the Court.

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

Page 2 | CONFERENCES

Return-date adjournments are prohibited unless extraordinary circumstances exist and the Court consents.

No adjournments on the return date will be permitted, except in extraordinary circumstances and only upon consent of the Court.

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

Page 2 | MOTIONS

Chambers Communication Rules

Correspondence may be emailed to Secretary Lisa Rivera or mailed as a hard copy to the Court.

Correspondence is to be addressed to the Court and either attached to an email to the Court’s Secretary, Lisa Rivera or mailed a hard copy.

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

Page 1 | CORRESPONDENCE

Conference-date notices will be sent only by email.

Notification of conference dates will be sent via email only.

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

Common questions about Judge J. David Sampson's rules

Are courtesy copies required for Judge J. David Sampson?

The rule limits courtesy-copy delivery rather than stating a blanket requirement before Judge J. David Sampson. A working copy of e-filed motion papers is not required.

View ruleSource: page 1, section MOTIONS

Does Judge J. David Sampson require a pre-motion conference or letter before filing a motion?

Judge J. David Sampson's rules set a pre-motion procedure for discovery. Counsel must meet and confer in good faith on every discovery motion and attempt to resolve discovery disputes before motion practice.

View ruleSource: page 1, section MOTIONS

What page or word limits apply to case summary before Judge J. David Sampson?

Judge J. David Sampson's rule states these limits: 1 pages. The required case summary may not exceed one page.

View ruleSource: page 3, section COMMERCIAL DIVISION ACTIONS

What must be included with discovery motion filings before Judge J. David Sampson?

The rule identifies required filing content or certificates. Every discovery motion must include an affidavit of good faith.

View ruleSource: page 1, section MOTIONS

What must be included with tro filings before Judge J. David Sampson?

The rule identifies required filing content or certificates. A TRO request assigned to another judge will be considered only after approval by the IAS judge or that judge's law clerk.

View ruleSource: page 2, section MOTIONS

How may parties contact Judge J. David Sampson's chambers?

The rule addresses email communications with Judge J. David Sampson's clerk. The rule lists email lrivera@nycourts.gov. Correspondence may be emailed to Secretary Lisa Rivera or mailed as a hard copy to the Court.

View ruleSource: page 1, section CORRESPONDENCE

How do I request an adjournment or extension before Judge J. David Sampson?

Advance notice is not fully stated in the structured details. Motion adjournments are generally barred and require the consent of all parties and the Court.

View ruleSource: page 2, section MOTIONS

Is electronic filing required before Judge J. David Sampson?

No. Electronic filing is prohibited for the covered filings. Correspondence must not be filed on NYSCEF because the Court will not consider it.

View ruleSource: page 1, section CORRESPONDENCE

What filing deadlines apply to motion filings before Judge J. David Sampson?

All motion papers must be e-filed at least ten days before the return date.

View ruleSource: page 1, section MOTIONS

What rule applies to service for proposed order before Judge J. David Sampson?

Proof of service is required for the covered service rule. Details: recipient: the opposing party. The Court will not sign an order without proof that it was submitted to opposing counsel or a pro se party for review and without a reasonable review period.

View ruleSource: page 2, section ORDERS
Complete rules summary for Judge J. David Sampson

Correspondence must not be filed on NYSCEF because the Court will not consider it.

Correspondence may be emailed to Secretary Lisa Rivera or mailed as a hard copy to the Court.

Motions, cross-motions, opposing papers, and replies must be electronically filed on NYSCEF.

Motion papers may not be filed by fax.

All motion papers must be e-filed at least ten days before the return date.

Answering papers and cross-motions must be received at least three days before the return date.

Reply papers must be e-filed at least two days before the return date.

A working copy of e-filed motion papers is not required.

All motions will ordinarily be decided on the submitted papers.

A party may request oral argument before the return date, but the Court will decide each request case by case.

Counsel may elect to submit a motion for decision on the papers rather than request oral argument.

If all parties agree, counsel may request in-person or Microsoft Teams oral argument.

Any oral-argument request must be submitted to the Court at least three business days before the return date.

Counsel must meet and confer in good faith on every discovery motion and attempt to resolve discovery disputes before motion practice.

A discovery motion may be subject to a conference with Jennifer Noah before oral argument on the return date.

Every discovery motion must include an affidavit of good faith.

A TRO request assigned to another judge will be considered only after approval by the IAS judge or that judge's law clerk.

Motion adjournments are generally barred and require the consent of all parties and the Court.

Counsel must seek a motion adjournment no later than the day before the return date.

Return-date adjournments are prohibited unless extraordinary circumstances exist and the Court consents.

Unless the Court reserves decision, the moving party must submit the order within twenty-one days.

Except for Orders to Show Cause, all attorneys and parties must approve an order before submission to the Court for signature, and the Court must be notified of that approval.

The Court will not sign an order without proof that it was submitted to opposing counsel or a pro se party for review and without a reasonable review period.

The Court will hold a preliminary conference within forty-five days after receiving a filed RJI.

Conference-date notices will be sent only by email.

Conference adjournments require the prior consent of all parties and the Court's consent.

Counsel must bring calendars to every conference so dates for the scheduling order and trial availability can be determined.

Trial counsel must attend the final pretrial conference.

The Court will strictly adhere to its trial schedule, and trial adjournments will be granted only in exceptional circumstances.

Unless the trial order states otherwise, the listed jury-order materials must be submitted two weeks before jury selection or trial, with requests to charge and proposed verdict sheets in Microsoft Word.

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