New York Supreme Court, Erie County Filing Rules
Official filing rules, court-wide sources, and procedure resources for New York Supreme Court, Erie County
For New York Supreme Court, Erie County filings, start with the official local rules and court-level instructions. Then confirm any division, department, clerk, or assigned-officer procedure that applies to the case.
- Judge Raymond W. Walter
The plaintiff must provide a copy of the current-year W-2 at least one week before the preliminary conference.
- Judge Edward A. Pace
If counsel does not receive the dispensation email, both attorneys and clients must appear for the final judgment roll.
- Judge Debra Givens
Every order must be submitted with an indication that it was sent to all opposing counsel or the pro se litigant.
- Judge John B. Licata
When a litigant is merely switching attorneys, a stipulation consenting to the change is required and a motion need not be filed.
- Judge Jorge S. de Rosas
Plaintiff’s counsel must provide a copy of the signed retainer agreement.
- Judge Catherine Nugent Panepinto
Applications for discovery deadlines must be submitted to the Court’s confidential law clerk as soon as practicable and before the applicable deadline expires.
- Judge J. David Sampson
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.
- Judge Raymond W. Walter
Papers must be filed by the applicable CPLR deadline unless the Court specifically authorizes a different deadline with opposing counsel's consent.
- Judge Edward A. Pace
Unless the court directs otherwise, the prevailing party must submit orders within 30 days.
- Judge Emilio Colaiacovo
If no objections are received after ten days, the order will be signed without further delay.
- Judge Mary Slisz
When requesting an adjournment based on consent, the request must identify that all counsel and the parties are available and provide three alternative dates within two weeks of the original date.
- Judge Debra Givens
Adjournments generally require counsel’s consent, but emergencies are excepted.
- Judge Edward A. Pace
Conference adjournment requests go to the court secretary, while motion adjournment requests go to the court clerk.
- Judge Betty Calvo-Torres
The Court will not grant an adjournment until a new date within 10 days of the original appearance is secured.
- Judge J. David Sampson
The Court will strictly adhere to its trial schedule, and trial adjournments will be granted only in exceptional circumstances.
- Judge Michael A. Siragusa
A conference may be scheduled upon request directed to Carolyn Concannon.
- Judge Shannon M. Heneghan
Judge Heneghan Virtual is used solely to calendar remote appearances and is not a monitored email box.
- Judge Deborah A. Haendiges
Counsel must email the court to confirm the motion's return date and obtain the necessary service provisions.
- Judge Joseph Lorigo
If counsel cannot agree on an order’s language, counsel must obtain the transcript and then contact chambers to schedule a settlement conference.
- Judge Gerald Greenan III
Counsel must maintain a valid NYSCEF email address that is monitored for court communications.
- Judge J. David Sampson
All motions will ordinarily be decided on the submitted papers.
- Judge Joseph Lorigo
An Order to Show Cause is available only for genuine urgency, a required stay, or a statutory mandate; otherwise, relief must be sought by a Notice of Motion under CPLR § 2214.
- Judge Raymond W. Walter
An Order to Show Cause will be granted only for genuine urgency, when a stay is required, or when required by statute.
- Judge Deborah A. Haendiges
A civil motion ordinarily is heard on the matter's scheduled return date unless an earlier hearing date is required.
- Judge John B. Licata
A discovery motion filed before a Teams or phone conference is scheduled will be denied upon submission without oral argument.
- Judge Catherine Nugent Panepinto
Orders submitted for signature must be filed on Notice through NYSCEF.
- Judge Deborah A. Chimes
Hard copies of motion papers are not required unless the court requests them.
- Judge Donna M. Siwek
Correspondence to the Court must not be filed electronically through NYSCEF.
- Judge Gerald Greenan III
Orders of Protection should be personally presented to the court clerk.
- Judge J. David Sampson
Correspondence must not be filed on NYSCEF because the Court will not consider it.
- Judge Diane Y. Devlin
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.
- Judge Emilio Colaiacovo
Each party must provide a written settlement proposal to the other party at least two weeks before the initial appearance.
- Judge John DelMonte
Orders based on the court's decision must be submitted to all counsel for approval before being submitted to the court.
- Judge Joseph Lorigo
The order filed for signature must include verification of service on all opposing counsel or pro se litigants.
- Judge Raymond W. Walter
A plaintiff must give the court clerk a stamped, unsealed envelope addressed to the defendant together with the required notice.
- Judge Edward A. Pace
Video exhibits must either be shortened to the pertinent portions or identify the pertinent beginning and ending time markers.
- Judge Emilio Colaiacovo
Pleadings and papers filed for motions in limine must be marked.
- Judge Michael A. Siragusa
A PDF copy of the completed judgment roll checklist facilitates review and execution of the proposed judgment.
- Judge John B. Licata
An order of referral must be submitted on the Eighth Judicial District’s form and sent to the MPV ADR Program at 8jdadr@nycourts.gov.
- Judge Jorge S. de Rosas
Submissions and submitted orders must be single-sided rather than double-sided.
- Judge Lynn M. Keane
When practical, counsel should provide opposing counsel and the court with a courtesy copy of each trial exhibit.
- Judge Donna M. Siwek
Working copies of reply affidavits must be delivered to Chambers no later than noon two days before the return date.
- Judge Peter Allen Weinmann
Hard courtesy copies of motion papers, answering papers, and cross-motions must be supplied to chambers within at least one week after e-filing.
- Judge Raymond W. Walter
Courtesy email copies of proposed orders and motions are encouraged in Allegany, Cattaraugus, Chautauqua, Genesee, Orleans, and Wyoming County matters.
- Judge Deborah A. Haendiges
No courtesy copy of electronically filed documents is expected by the court.
- Judge Emilio Colaiacovo
Affidavits and affirmations are limited to 7,000 words unless the Court grants prior approval.
- Judge Jorge S. de Rosas
Affidavits and affirmations may not exceed 25 pages unless the Court grants prior approval.
- Judge Gerald Greenan III
A one-page case summary is required before the conference.
- Judge J. David Sampson
The required case summary may not exceed one page.
- Judge John DelMonte
The preliminary conference statement is limited to one page.
- Judge John DelMonte
Earning minimum wage alone does not guarantee that a fee-waiver application will be granted.
- Judge Edward A. Pace
All motion and cross-motion papers must be filed and the filing fees paid before the hearing can be scheduled, which requires contacting court clerk Cornelius Hart.
- Judge Mary Slisz
No filing fee is charged for the motion used to submit a QDRO in a case older than one year from entry of judgment.