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Court Rules
Judge

Judge Deborah A. Chimes

Individual Rules, Standing Orders & Policies

New York Supreme Court, Erie County
Filters:

Document Format Requirements1 rule

FormattingNoteCivil cases

Hyper-links to citations and exhibits are preferred.

Document Filing Requirements1 rule

Filing RequirementsMandatoryCivil cases

Pursuant to 22 NYCRR 202.8-d, Orders to Show Cause will only be granted when there is a genuine urgency, a stay is required or an Order to Show Cause is required by statute.

Filing & Service rules

Electronic Filing Rules

All motion, opposition, and reply submissions must be filed electronically through NYSCEF.

Submissions: All motion, opposition and reply submissions are to be e-filed on New York State Courts Electronic Filing system (NYSCEF).

Civil cases

Page 2 | MOTIONS

Fax and email submissions are not permitted.

No fax or e-mail submissions are permitted.

Civil cases

Page 2 | MOTIONS

Hard copies of motion papers are not required unless the court requests them.

Hard copies of motion papers are not required unless the Court requests otherwise.

Civil cases

Page 2 | MOTIONS

Filing Timing and Cure Windows

All submissions, including replies, must be e-filed by 5:00 p.m. on the Wednesday before the return date.

All submissions, including replies, must be e-filed no later than 5:00 p.m. on the Wednesday prior to the return date.

Civil cases

Page 2 | MOTIONS

The court may adjourn a motion or reject an untimely submission when a submission is late.

At the Court’s discretion, late submissions may result in an adjournment of the motion or rejection of the untimely submission.

Civil cases

Page 2 | MOTIONS

Service and Proof of Service Rules

Temporary restraining orders must be issued on notice to the opposing party or opposing counsel.

TROs must be on notice to the opposing party or opposing counsel.

Civil cases

Page 2 | MOTIONS

Sealing & Redaction Procedures

Except for mandatory redaction under 22 NYCRR 202.5(e), sealing or redaction requires a motion and a court order finding good cause.

Sealing or redaction (other than the mandatory redaction required by 22 NYCRR 202.5(e)) requires a motion and Court Order that makes a finding of good cause.

Civil cases

Page 2 | MOTIONS

Pre-Motion Conference Requirements

A TRO request in a case assigned to another judge will be considered only after prior approval by the assigned judge or the judge’s law clerk.

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

Civil cases

Page 2 | MOTIONS

Counsel must contact the court’s confidential law clerk before filing an Order to Show Cause.

Prior to filing an Order to Show Cause, counsel is to contact the Court's Confidential Law Clerk.

Civil cases

Page 2 | MOTIONS

A preliminary conference must be held within 45 days after the court receives a filed RJI, and the conference will be held in person.

A preliminary conference will be held within 45 (forty-five) days of the Court’s receipt of a filed RJI. Preliminary conferences will be held in person.

Civil cases

Page 1 | CONFERENCES

Adjournment & Extension Requirements

Only the Judge may grant adjournments.

Adjournments are granted by the Judge only.

Civil cases

Page 3 | TRIALS

Conference adjournments require consent from all parties, court approval, and contact with the court secretary.

Adjournments of conferences are granted only with the consent of all parties, subject to the Court’s approval by contacting the Court’s Secretary.

Civil cases

Page 1 | CONFERENCES

Motion adjournments require consent from all parties, court approval, and contact with the court clerk, and motions generally will not be adjourned.

Adjournments: Motions will be adjourned by contacting the Court Clerk on consent of all parties, subject to the Court’s approval. Motions will not be generally adjourned.

Civil cases

Page 2 | MOTIONS

Chambers Communication Rules

The court does not review correspondence filed on NYSCEF; correspondence directed to the court must be sent to the court’s secretary by email attachment or mailed hard copy.

The Court does not accept, does not receive notice of and does not review correspondence filed on NYSCEF. Correspondence directed to the Court is to be sent to the Court’s Secretary either attached to an email or mailed hard copy.

Civil cases

Page 1 | CORRESPONDENCE

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 Deborah A. Chimes's rules

Does Judge Deborah A. Chimes require a pre-motion conference or letter before filing a motion?

A TRO request in a case assigned to another judge will be considered only after prior approval by the assigned judge or the judge’s law clerk.

View ruleSource: page 2, section MOTIONS

What must be included with order to show cause filings before Judge Deborah A. Chimes?

An Order to Show Cause will be granted only for genuine urgency, when a stay is required, or when required by statute.

View ruleSource: page 2, section MOTIONS

How may parties contact Judge Deborah A. Chimes' chambers?

The court does not review correspondence filed on NYSCEF; correspondence directed to the court must be sent to the court’s secretary by email attachment or mailed hard copy.

View ruleSource: page 1, section CORRESPONDENCE

How does Judge Deborah A. Chimes handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Deborah A. Chimes. Except for mandatory redaction under 22 NYCRR 202.5(e), sealing or redaction requires a motion and a court order finding good cause.

View ruleSource: page 2, section MOTIONS

How do I request an adjournment or extension before Judge Deborah A. Chimes?

Only the Judge may grant adjournments.

View ruleSource: page 3, section TRIALS

Is electronic filing required before Judge Deborah A. Chimes?

Yes. Electronic filing is required for the covered filings. All motion, opposition, and reply submissions must be filed electronically through NYSCEF.

View ruleSource: page 2, section MOTIONS

When is a filing treated as filed before Judge Deborah A. Chimes?

The rule states a 5:00 p.m. filing cutoff. All submissions, including replies, must be e-filed by 5:00 p.m. on the Wednesday before the return date.

View ruleSource: page 2, section MOTIONS

What rule applies to service for tro before Judge Deborah A. Chimes?

Details: recipient: the opposing party. Temporary restraining orders must be issued on notice to the opposing party or opposing counsel.

View ruleSource: page 2, section MOTIONS
Complete rules summary for Judge Deborah A. Chimes

The court does not review correspondence filed on NYSCEF; correspondence directed to the court must be sent to the court’s secretary by email attachment or mailed hard copy.

A preliminary conference must be held within 45 days after the court receives a filed RJI, and the conference will be held in person.

Conference adjournments require consent from all parties, court approval, and contact with the court secretary.

Motion adjournments require consent from all parties, court approval, and contact with the court clerk, and motions generally will not be adjourned.

All motion, opposition, and reply submissions must be filed electronically through NYSCEF.

All submissions, including replies, must be e-filed by 5:00 p.m. on the Wednesday before the return date.

The court may adjourn a motion or reject an untimely submission when a submission is late.

Hyperlinks to citations and exhibits are preferred in motion submissions.

Except for mandatory redaction under 22 NYCRR 202.5(e), sealing or redaction requires a motion and a court order finding good cause.

Counsel must contact the court’s confidential law clerk before filing an Order to Show Cause.

Temporary restraining orders must be issued on notice to the opposing party or opposing counsel.

Fax and email submissions are not permitted.

A TRO request in a case assigned to another judge will be considered only after prior approval by the assigned judge or the judge’s law clerk.

Only the Judge may grant adjournments.

An Order to Show Cause will be granted only for genuine urgency, when a stay is required, or when required by statute.

Hard copies of motion papers are not required unless the court requests them.

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