Court Rules
Judge

Judge John DelMonte

Individual Rules, Standing Orders & Policies

New York Supreme Court, Erie County

Limits & Logistics

Document Limits

Preliminary Conference Statement
1 pgs
Filters:AllMandatoryImportantConferencesMemorandaOral Argument

Page & Word Limits1 rule

Page Limits

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

The preliminary conference statement is limited to one page.

All parties are to submit a brief summary and position statement (not to exceed one page) prior to the preliminary conference.

Preliminary Conference Statement

1 pages

Document Filing Requirements9 rules

Filing Requirements

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

All supporting papers must be submitted as a notary-jurat sworn affidavit or a properly avowed affirmation complying with CPLR 2106.

NOTE: All supporting papers must be in the form of a notary jurat sworn affidavit or a properly avowed affirmation in accordance with CPLR 2106.

Document Type

Supporting Papers

Specific requirements detailed in rule text.
Filing Requirements

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

A request for pendente lite relief must be supported by tax statements or paycheck stubs.

Requests for pendente lite relief must be substantiated by tax statements or paycheck stubs.

Document Type

Pendente Lite Relief Request

Specific requirements detailed in rule text.
Filing Requirements

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

Both parties in a matrimonial action must file statements of net worth before the preliminary conference.

Both parties are required to have their statements of net worth [236(b)] filed prior to the preliminary conference in a matrimonial action.

Document Type

Statement Of Net Worth

Specific requirements detailed in rule text.
Filing Requirements

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

The applicant must provide two recent paycheck stubs, proof of government benefits, and all other income information before the court considers the application.

The applicant MUST provide two recent paycheck stubs and proof of government benefits such as Social Security Disability, SNAP, or other DSS benefits and all other sources of income before the court will consider the ===== PAGE 5 ===== application.

Document Type

Poor Person Relief Application

Specific requirements detailed in rule text.
JudgeDelmonte2026 · p. 4
|SecPOOR PERSON or FEE WAIVER APPLICATIONS
Filing Requirements

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

An attorney or pro se litigant filing documents certifies that the papers contain no false material factual statement.

Any attorney or pro se litigant who submits documents to the court certifies that the papers do not contain any false material factual statement.

Document Type

Documents Submitted To Court

Specific requirements detailed in rule text.
JudgeDelmonte2026 · p. 4
|SecUSE OF ARTIFICIAL INTELLIGENCE
Filing Requirements

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

An applicant for poor person relief must use court form UCS-FW1S.

A party who applies for poor person relief must use court form UCS-FW1S attached herewith.

Document Type

Poor Person Relief Application

Specific requirements detailed in rule text.
JudgeDelmonte2026 · p. 4
|SecPOOR PERSON or FEE WAIVER APPLICATIONS
Filing Requirements

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

File an Affirmation of Service (UCS-FW3) with the court.

- File an Affirmation of Service (UCS-FW3) with the court

Document Type

Application To Waive Court Fees And Costs

Content & Formatting
Certificate Of Service
JudgeDelmonte2026 · p. 7
|SecApplication to Waive Court Fees and Costs
Filing Requirements

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

A request for oral argument by Microsoft Teams must be made in writing and state the reason for the request; office location alone is insufficient.

A request for oral argument via Microsoft Teams must be requested in writing in which the reason for the request is stated. Office location alone is not a reason for granting a virtual appearance.

Document Type

Oral Argument Request

Specific requirements detailed in rule text.
Filing Requirements

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

All parties are to submit a brief summary and position statement (not to exceed one page) prior to the preliminary conference.

Summary: Each party must submit a brief summary and position statement of no more than one page before the preliminary conference.

Document Type

Preliminary Conference Statement

Specific requirements detailed in rule text.

Filing & Service rules

Electronic Filing Rules

An order must be uploaded as a proposed order before the court can sign and file it.

Orders must be uploaded as a proposed order before they can be signed and filed.

Not confirmed. Read the court's wording below.

Page 2 | MOTIONS

Filing Timing and Cure Windows

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

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

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

Page 1 | MOTIONS

A dispositive motion must be filed within 90 days after the Note of Issue is filed.

Dispositive Motions shall be filed within 90 days from the filing of the Note of Issue.

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

Page 1 | MOTIONS

Service and Proof of Service Rules

When the 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 and be 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 shall be served in accordance with Uniform Rule §202.48 which provides for ten days mailed notice or five days notice if by personal service and made returnable on the same date and time as the original proposed Order.

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

Page 2 | MOTIONS

Orders based on the court's decision must be submitted to all counsel for approval before being submitted to the court.

Orders based upon a decision of this court shall be submitted to all counsel for approval prior to submission to the court.

Not confirmed. Read the court's wording below.

Page 2 | MOTIONS

When an initiating pleading has already been filed, the fee-waiver application and notice of motion must be served on the case parties and the appropriate government counsel.

If yes, you must: - Serve this Application to Waive Court Fees and Costs (UCS-FW1) with Notice of Motion (UCS-FW2) on the: o Other parties in the case o Corporation Counsel (if filed in NYC) o County Attorney (if filed outside of NYC)

Not confirmed. Read the court's wording below.

Page 7 | Application to Waive Court Fees and Costs

Filing Fees and Waivers

Earning minimum wage alone does not guarantee that a fee-waiver application will be granted.

Earning minimum wage alone does not necessarily result in granting fee waivers.

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

Page 5 | Application to Waive Court Fees and Costs

A pro se applicant may request a waiver of all court filing fees, the filing fee for a Notice of Appeal, or another specified fee-related relief.

6. I request a court order (choose one of the following): ○ Waiving any and all court filing fees for this case ○ Waiving the filing fee for a Notice of Appeal ○ Other (specify):

Not confirmed. Read the court's wording below.

Page 7 | Application to Waive Court Fees and Costs

The Application to Waive Court Fees and Costs form supports a request to waive the filing fee.

This statement is made in support of my request to waive the filing fee.

Not confirmed. Read the court's wording below.

Page 6 | Application to Waive Court Fees and Costs

Adjournment & Extension Requirements

Motions generally may not be adjourned; an adjournment requires the consent of all parties and notice to the court.

Motions shall 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

Page 2 | MOTIONS

Preliminary conferences may be adjourned only with the 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 to a date within 45 days from the filing of the RJI.

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

Page 3 | CONFERENCES

The requesting party must call LeNeesha Eve for available time slots and then confirm the adjourned date with the parties and LeNeesha Eve.

The party requesting the adjournment shall call LeNeesha Eve for available time slots then confirm the adjourned date among the parties and LaNeesha Eve.

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

Page 3 | CONFERENCES

Do not use a Microsoft Teams invitation to request an adjournment.

Please do not use the Micorsoft Teams invitation as the vehicle to request an adjournment.

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

Page 3 | CONFERENCES

Chambers Communication Rules

Motion requests must be coordinated with the court clerk.

Motion requests are to be coordinated with the court clerk.

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

Page 2 | MOTIONS

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 John DelMonte's rules

What page or word limits apply to preliminary conference statement before Judge John DelMonte?

Judge John DelMonte's rule states these limits: 1 pages. The preliminary conference statement is limited to one page.

View ruleSource: page 3, section CONFERENCES

What must be included with supporting papers filings before Judge John DelMonte?

The rule identifies required filing content or certificates. All supporting papers must be submitted as a notary-jurat sworn affidavit or a properly avowed affirmation complying with CPLR 2106.

View ruleSource: page 1, section MOTIONS

What must be included with preliminary conference statement filings before Judge John DelMonte?

The rule identifies required filing content or certificates. Each party must submit a brief summary and position statement of no more than one page before the preliminary conference.

View ruleSource: page 3, section CONFERENCES

How may parties contact Judge John DelMonte's chambers?

Motion requests must be coordinated with the court clerk.

View ruleSource: page 2, section MOTIONS

How do I request an adjournment or extension before Judge John DelMonte?

Advance notice is not fully stated in the structured details. Motions generally may not be adjourned; an adjournment requires the consent of all parties and notice to the court.

View ruleSource: page 2, section MOTIONS

Is electronic filing required before Judge John DelMonte?

Yes. Electronic filing is required for the covered filings. An order must be uploaded as a proposed order before the court can sign and file it.

View ruleSource: page 2, section MOTIONS

Are filing fees or waivers addressed before Judge John DelMonte?

The rule identifies fee waiver availability. A pro se applicant may request a waiver of all court filing fees, the filing fee for a Notice of Appeal, or another specified fee-related relief.

View ruleSource: page 7, section Application to Waive Court Fees and Costs

What filing deadlines does Judge John DelMonte set?

A dispositive motion must be filed within 90 days after the Note of Issue is filed.

View ruleSource: page 1, section MOTIONS

What rule applies to service for proposed order before Judge John DelMonte?

The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties. Orders based on the court's decision must be submitted to all counsel for approval before being submitted to the court.

View ruleSource: page 2, section MOTIONS
Complete rules summary for Judge John DelMonte

A request for oral argument by Microsoft Teams must be made in writing and state the reason for the request; office location alone is insufficient.

All supporting papers must be submitted as a notary-jurat sworn affidavit or a properly avowed affirmation complying with CPLR 2106.

A dispositive motion must be filed within 90 days after the Note of Issue is filed.

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

Motion requests must be coordinated with the court clerk.

Motions generally may not be adjourned; an adjournment requires the consent of all parties and notice to the court.

Orders based on the court's decision must be submitted to all counsel for approval before being submitted to the court.

When the 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 and be returnable at the original proposed order's date and time.

An order must be uploaded as a proposed order before the court can sign and file it.

Do not use a Microsoft Teams invitation to request an adjournment.

The requesting party must call LeNeesha Eve for available time slots and then confirm the adjourned date with the parties and LeNeesha Eve.

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

Each party must submit a brief summary and position statement of no more than one page before the preliminary conference.

The preliminary conference statement is limited to one page.

Both parties in a matrimonial action must file statements of net worth before the preliminary conference.

A request for pendente lite relief must be supported by tax statements or paycheck stubs.

An attorney or pro se litigant filing documents certifies that the papers contain no false material factual statement.

An applicant for poor person relief must use court form UCS-FW1S.

The applicant must provide two recent paycheck stubs, proof of government benefits, and all other income information before the court considers the application.

The Application to Waive Court Fees and Costs form supports a request to waive the filing fee.

Earning minimum wage alone does not guarantee that a fee-waiver application will be granted.

A pro se applicant may request a waiver of all court filing fees, the filing fee for a Notice of Appeal, or another specified fee-related relief.

When an initiating pleading has already been filed, the fee-waiver application and notice of motion must be served on the case parties and the appropriate government counsel.

File an Affirmation of Service (UCS-FW3) with the court.

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