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Court Rules
Judge

Judge Peter Allen Weinmann

Individual Rules, Standing Orders & Policies

Rules last changed:
New York Supreme Court, Erie County

Limits & Logistics

Courtesy Copies

Motion, Answering Papers, Cross Motion

  • Within at Least One Week of E Filing

Reply, Orders to Show Cause

  • At Filing
Filters:

Document Format Requirements1 rule

Formatting

Hard copies of Exhibits are prohibited unless requested by the Court.

Document Filing Requirements2 rules

Filing Requirements

Notices of motion must state whether oral argument is waived or requested.

Filing Requirements

Any filing-related use of generative AI by counsel or a party must include disclosure or certification identifying the AI program, identify the AI-drafted portion, and certify human review for accuracy and applicability.

Document
Filing

Must include

  • AI disclosure

Court's wording

should counsel or the parties use any AI resources or material (e.g. ChatGPT), they must adhere to the following 3 conditions: (1) They must disclose and /or certify that any use identifies the AI program;(2) They must identify the portion of the filing drafted by AI; and (3) They must certify that the AI work product was reviewed by a human being for accuracy and applicability.

Filing & Service rules

Electronic Filing Rules

Documents must be uploaded to NYSCEF prior to the PC.

Documents must be uploaded to NYSCEF prior to the PC.

Page 3 | Matrimonials

Filing Timing and Cure Windows

In cases where oral argument is requested, the date of oral argument shall be no less than two weeks before filing of responding or reply papers.

In cases where oral argument is requested, the date of oral argument shall be no less than two weeks before filing of responding or reply papers.

Page 2 | Motions

Mental hygiene hearing papers must be submitted to the court at least 48 hours before the hearing.

Cases must be scheduled in half-hour increments. The Court does not hold “cattle calls.” All papers must be submitted to the Court at least 48 hours prior to the hearing.

Page 3 | Mental Hygiene Hearings

Courtesy Copy Requirements

Hard courtesy copies of motion papers, answering papers, and cross-motions must be supplied to chambers within at least one week after e-filing.

Hard courtesy copies of motion papers, answering papers and cross motions must be supplied to chambers within at least one week of e-filing.

Page 2 | Motions

For reply papers statutorily due at least two days before oral argument and for Orders to Show Cause, a hard copy must be provided to chambers when the papers are filed.

Two exceptions are Reply papers which are statutorily due a minimum of two days prior to oral argument, and Orders to Show Cause. In these two situations, a hard copy must be provided to chambers at the time of filing.

Page 2 | Motions

Pre-Motion Conference Requirements

Discovery motions are a last resort and must include an affidavit or affirmation demonstrating a good-faith attempt at resolution.

Motions concerning Discovery are a last resort, and must be accompanied by an affidavit or affirmation of good faith attempt at resolution(See 22 NYCRR 202.7).

Page 2 | Discovery

Counsel must schedule an attorney discovery conference with the law clerk via Teams before filing a discovery motion.

Before filing a Discovery Motion, counsel must schedule an attorney Discovery conference with the law clerk via Teams.

Page 2 | Discovery

Adjournment & Extension Requirements

Adjournments require the consent of all parties and the Court’s approval and must be requested by emailing the Court’s secretary with all parties copied.

Adjournments will be granted with the consent of all parties, subject to the Court’s approval, by emailing the Court’s secretary. All parties must be copied.

Page 1 | Adjournments

Chambers Communication Rules

All correspondence must be emailed to the Court’s secretary or attached to an email and may not be submitted through NYSCEF.

In order to preserve confidentiality and ensure efficiency, all correspondence must be emailed to the Court’s secretary or included as an attachment to the email. Do not submit correspondence via NYSCEF.

Page 2 | 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 Peter Allen Weinmann's rules

Are courtesy copies required for Judge Peter Allen Weinmann?

Courtesy-copy rule applies for motions, answering papers, and cross motions. Details: delivery within at least one week of e filing. Hard courtesy copies of motion papers, answering papers, and cross-motions must be supplied to chambers within at least one week after e-filing.

View ruleSource: page 2, section Motions

Does Judge Peter Allen Weinmann require a pre-motion conference or letter before filing a motion?

Counsel must schedule an attorney discovery conference with the law clerk via Teams before filing a discovery motion.

View ruleSource: page 2, section Discovery

What must be included with notice of motion filings before Judge Peter Allen Weinmann?

Each notice of motion must state whether oral argument is waived or requested.

View ruleSource: page 2, section Motions

What must be included with filing filings before Judge Peter Allen Weinmann?

The rule requires ai disclosure. Any filing-related use of generative AI by counsel or a party must include disclosure or certification identifying the AI program, identify the AI-drafted portion, and certify human review for accuracy and applicability.

View ruleSource: page 3, section A.I.

How may parties contact Judge Peter Allen Weinmann's chambers?

All correspondence must be emailed to the Court’s secretary or attached to an email and may not be submitted through NYSCEF.

View ruleSource: page 2, section Correspondence

How do I request an adjournment or extension before Judge Peter Allen Weinmann?

Adjournments require the consent of all parties and the Court’s approval and must be requested by emailing the Court’s secretary with all parties copied.

View ruleSource: page 1, section Adjournments

Is electronic filing required before Judge Peter Allen Weinmann?

Yes. Electronic filing is required for the covered filings. Documents must be uploaded to NYSCEF prior to the PC.

View ruleSource: page 3, section Matrimonials

What filing deadlines does Judge Peter Allen Weinmann set?

Mental hygiene hearing papers must be submitted to the court at least 48 hours before the hearing.

View ruleSource: page 3, section Mental Hygiene Hearings
Complete rules summary for Judge Peter Allen Weinmann

Adjournments require the consent of all parties and the Court’s approval and must be requested by emailing the Court’s secretary with all parties copied.

All correspondence must be emailed to the Court’s secretary or attached to an email and may not be submitted through NYSCEF.

Counsel must schedule an attorney discovery conference with the law clerk via Teams before filing a discovery motion.

Discovery motions are a last resort and must include an affidavit or affirmation demonstrating a good-faith attempt at resolution.

Hard courtesy copies of motion papers, answering papers, and cross-motions must be supplied to chambers within at least one week after e-filing.

Hard copies of exhibits are prohibited unless the Court requests them.

For reply papers statutorily due at least two days before oral argument and for Orders to Show Cause, a hard copy must be provided to chambers when the papers are filed.

Each notice of motion must state whether oral argument is waived or requested.

Any filing-related use of generative AI by counsel or a party must include disclosure or certification identifying the AI program, identify the AI-drafted portion, and certify human review for accuracy and applicability.

Documents must be uploaded to NYSCEF prior to the PC.

Mental hygiene hearing papers must be submitted to the court at least 48 hours before the hearing.

In cases where oral argument is requested, the date of oral argument shall be no less than two weeks before filing of responding or reply papers.

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