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Court Rules
Judge

Judge Amy C. Martoche

Individual Rules, Standing Orders & Policies

New York Supreme Court, Erie County

Adjournments

  • Civil adjournments require court approval and, absent extraordinary circumstances, opposing counsel's consent; the requesting attorney must provide three available dates and times, preferably by email.

Request must include

Proposed New Dates
72Hoursnotice
  • Absent extraordinary circumstances, a criminal-matter adjournment request must be written, provide notice to opposing counsel, and be submitted to the court no later than 72 hours before the scheduled appearance.

Communication

Email

Chambers

amartoch@nycourts.gov
Email

Chambers

mpastric@nycourts.gov
Email

Chambers

mkohlbac@nycourts.gov
Phone

Chambers

Scheduling

No matching rules in this section

We have no rules for this section yet.

Filing & Service rules

Electronic Filing Rules

The court will not accept papers by fax.

The court will not accept papers via fax.

Page 1 | CIVIL MATTERS

Filing Timing and Cure Windows

A cross motion filed fewer than three business days before the initial motion's return date will not be heard on that return date.

However, if a cross motion is filed fewer than three business days before the motion is returnable, the cross motion will not be heard on the return date for the initial motion.

Page 2 | CIVIL MATTERS

Motion papers, except orders to show cause and temporary restraining orders, should be emailed to chambers at least three business days before the return date.

All papers regarding any motions (with the exception of orders to show cause and temporary restraining orders) should be e-mailed to chambers at least three business days prior to the return date.

Page 1 | CIVIL MATTERS

Pre-Motion Conference Requirements

Discovery-dispute motions will not be scheduled until the underlying issues have been conferenced with Justice Martoche or Michael Pastrick.

Motions with respect to discovery disputes will not be scheduled until the issues giving rise to the discovery disputes have been conferenced with Justice Martoche or Mr. Pastrick.

Page 1 | CIVIL MATTERS

Adjournment & Extension Requirements

Civil adjournments require court approval and, absent extraordinary circumstances, opposing counsel's consent; the requesting attorney must provide three available dates and times, preferably by email.

ADJOURNMENTS: Adjournments are granted with the approval of the court, but absent extraordinary circumstances, consent of opposing counsel must be sought prior to requesting an adjournment from the court. It is the responsibility of the attorney seeking the adjournment to furnish to the court (preferably by email) three dates and times at which all attorneys are available so that the matter may be rescheduled.

Page 2 | CIVIL MATTERS

Absent extraordinary circumstances, a criminal-matter adjournment request must be written, provide notice to opposing counsel, and be submitted to the court no later than 72 hours before the scheduled appearance.

Consistent with the policies of the other superior court criminal judges, absent extraordinary circumstances, adjournments will not be granted unless the request is made in writing, on notice to opposing counsel, and the court no later than 72 hours prior to the scheduled appearance.

Page 2 | CRIMINAL MATTERS

Chambers Communication Rules

Although submissions are reviewed through NYSCEF, courtesy PDF copies should also be emailed to Justice Martoche, Michael Pastrick, and Mary Kohlbacher.

All submissions will be reviewed using the NYSCEF platform; however, as a courtesy to the court, please also email PDF copies of all submissions to Justice Martoche, Michael Pastrick, and Mary Kohlbacher.

Page 1 | CIVIL MATTERS

Report-back conferences will be conducted by telephone using the primary telephone number furnished by counsel unless otherwise scheduled.

Unless otherwise scheduled, report-back conferences will be conducted by telephone. The court and its law clerk will establish contact using the primary telephone number furnished by counsel.

Page 1 | CIVIL MATTERS

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
    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.

  • Applies to
    Proposed dispositions

    Parties or their attorneys will exchange "proposed dispositions" after the information has been exchanged to allow the Court to narrow or resolve some or all of the issues.

Service

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

Common questions about Judge Amy C. Martoche's rules

Does Judge Amy C. Martoche require a pre-motion conference or letter before filing a motion?

Discovery-dispute motions will not be scheduled until the underlying issues have been conferenced with Justice Martoche or Michael Pastrick.

View ruleSource: page 1, section CIVIL MATTERS

How may parties contact Judge Amy C. Martoche's chambers?

The rule lists email amartoch@nycourts.gov, mpastric@nycourts.gov, and mkohlbac@nycourts.gov. Although submissions are reviewed through NYSCEF, courtesy PDF copies should also be emailed to Justice Martoche, Michael Pastrick, and Mary Kohlbacher.

View ruleSource: page 1, section CIVIL MATTERS

How do I request an adjournment or extension before Judge Amy C. Martoche?

The request must include proposed new dates. Civil adjournments require court approval and, absent extraordinary circumstances, opposing counsel's consent; the requesting attorney must provide three available dates and times, preferably by email.

View ruleSource: page 2, section CIVIL MATTERS

Is electronic filing required before Judge Amy C. Martoche?

The court will not accept papers by fax.

View ruleSource: page 1, section CIVIL MATTERS

What filing deadlines apply to cross motion filings before Judge Amy C. Martoche?

A cross motion filed fewer than three business days before the initial motion's return date will not be heard on that return date.

View ruleSource: page 2, section CIVIL MATTERS
Complete rules summary for Judge Amy C. Martoche

Report-back conferences will be conducted by telephone using the primary telephone number furnished by counsel unless otherwise scheduled.

Although submissions are reviewed through NYSCEF, courtesy PDF copies should also be emailed to Justice Martoche, Michael Pastrick, and Mary Kohlbacher.

Motion papers, except orders to show cause and temporary restraining orders, should be emailed to chambers at least three business days before the return date.

A cross motion filed fewer than three business days before the initial motion's return date will not be heard on that return date.

The court will not accept papers by fax.

Civil adjournments require court approval and, absent extraordinary circumstances, opposing counsel's consent; the requesting attorney must provide three available dates and times, preferably by email.

Absent extraordinary circumstances, a criminal-matter adjournment request must be written, provide notice to opposing counsel, and be submitted to the court no later than 72 hours before the scheduled appearance.

Discovery-dispute motions will not be scheduled until the underlying issues have been conferenced with Justice Martoche or Michael Pastrick.

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