Judge Raymond W. Walter
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Proposed Order, Motion
Adjournments
- Except for trials, an adjournment requires Court approval obtained by contacting the Court Secretary or Law Clerk.
- An adjournment request to the Secretary or Law Clerk must provide three alternative dates when both parties are available.
- A trial adjournment requires compelling circumstances and may be granted only by the Judge at a pretrial conference convened to address the adjournment.
- +1 more
Request must include
Page & Word Limits1 rule
Commercial/Civil Conferences: A brief summary (no more than 2 pages) of the case is required at least two days prior to the initial conference.
- Case summary
- Up to 2 pages
Document Filing Requirements19 rules
Also pursuant to 22 NYCRR 202.8-d, reply papers shall not be submitted on Orders to Show Cause absent advance permission of the Court.
Pursuant to 22 NYCRR 202.7, counsel bringing the motion must affirm that they have conferred with counsel for the opposing party in a good faith effort to resolve the issues raised in the motion.
Sur-replies are not permitted unless requested by the Judge, see 22 NYCRR 202.8-c.
3. A copy of the current year W-2;
4. A copy of the signed retainer agreement.
Pursuant to 22 NYCRR 202.7, counsel bringing the motion must affirm that they have conferred with counsel for the opposing party in a good faith effort to resolve the issues raised in the motion.
6. A copy of the affidavit of service.
5. A copy of the date-stamped summons;
1. A letter stating what issues are resolve and unresolved;
1. A letter stating what issues are resolved and unresolved;
2. A 236b financial affidavit;
4. A copy of the signed retainer agreement;
-proposed jury instructions,
-written copy of all proposed stipulations,
There must be an indication that the order has been sent to all opposing counsel or pro se litigant and that no objection has been received.
-proposed verdict sheet
Orders of Protection should be personally presented to the Court Clerk. Applications for an order should include police and/or medical reports, if available, as well as the Protective Registry Information Sheet.
Filing & Service rules
Electronic Filing Rules
Motion papers must be e-filed through NYSCEF, or emailed to both the Court Secretary and Law Clerk when the matter is not recorded in NYSCEF.
Papers must be e-filed through NYSCEF to be considered by the Court or, for matters not recorded in NYSCEF, by emailing the papers to the Court Secretary and the Law Clerk.
Civil cases
Page 2 | Motions and Orders to Show Cause
The case summary may be emailed to the Court Secretary or Law Clerk and/or filed in NYSCEF.
This can be provided via email to the Court Secretary and/or Law Clerk and/or filed in NYSCEF.
Civil cases
Page 3 | Conferences — Commercial/Civil Conferences
Filing Timing and Cure Windows
Papers must be filed by the applicable CPLR deadline unless the Court specifically authorizes a different deadline with opposing counsel's consent.
The deadline for filing papers is to be in compliance with the CPLR, unless specifically authorized by the Court with consent of opposing counsel.
Civil cases
Page 2 | Motions and Orders to Show Cause
The listed matrimonial preliminary-conference materials must be received by the Court at least one week before the conference.
In order to facilitate a productive Preliminary Conference, at least one (1) week prior, the Court must receive the following:
Civil cases
Page 3 | Conferences — Matrimonial Conferences
The required case summary must be submitted at least two days before the initial conference.
Commercial/Civil Conferences: A brief summary (no more than 2 pages) of the case is required at least two days prior to the initial conference.
Civil cases
Page 3 | Conferences — Commercial/Civil Conferences
Unless already provided, the listed trial materials must be submitted to the Court at least one week before jury selection.
Additionally, the following items are to be submitted to the Court at least one (1) week prior to jury selection (if not previously provided to the Court):
Civil cases
Page 4 | Trials/Hearings
The prevailing party must submit the order following motion argument within three weeks of the Judge’s ruling, whether the ruling was oral or written.
Orders following motion argument must be submitted by the prevailing party within three (3) weeks of the Judge’s ruling, whether oral or in writing.
Civil cases
Page 4 | Orders
A summary-judgment motion should be made no later than 120 days after filing of the note of issue, unless the Court grants leave for good cause.
Motions for Summary Judgement should be made no later than one hundred twenty (120) days after the filing of the note of issue, except with leave of Court on good cause shown.
Civil cases
Page 2 | Motions and Orders to Show Cause
If no objection is received within seven days, the Court will sign the order without further delay.
If no objection has been received within seven (7) days, the Order will be signed without further delay.
Civil cases
Page 4 | Orders
If all parties timely submit a signed preliminary-conference stipulation or order and all required documentation, the Court will likely order the form, waive the conference, and cancel appearances by notice.
If all parties complete and sign the preliminary conference stipulation/order and return it to chambers no later than three (3) business days prior to the scheduled preliminary conference, such form will likely be so ordered by the Court and upon receipt of all other required documentation listed above the preliminary conference will be waived and appearances cancelled by notice from the Court.
Civil cases
Page 4 | Conferences — Matrimonial
Service and Proof of Service Rules
A plaintiff must give the court clerk a stamped, unsealed envelope addressed to the defendant together with the required notice.
Pursuant to the amendment, a Plaintiff shall submit to the court clerk a “stamped, unsealed envelope addressed to the defendant” together with the notice as described in the Act.
Civil cases
Page 2 | Consumer Credit Fairness Act
A temporary restraining order must be provided to opposing counsel when opposing counsel is known.
TROs must be on notice to opposing counsel, if known.
Civil cases
Page 4 | Orders
Failure to submit the required stamped, unsealed defendant-addressed envelope and notice may result in denial of a debt-collection summary-judgment motion.
Absent such compliance, summary judgment motions to collect a debt may be denied.
Civil cases
Page 2 | Consumer Credit Fairness Act
Courtesy Copy Requirements
Courtesy email copies of proposed orders and motions are encouraged in Allegany, Cattaraugus, Chautauqua, Genesee, Orleans, and Wyoming County matters.
Courtesy email copies of proposed Orders and Motions are encouraged for Allegany, Cattaraugus, Chautauqua, Genesee, Orleans and Wyoming County matters.
Civil cases
Page 6 | NYS EJDAL Asbestos Litigation
Courtesy emails with proposed orders and hard copies of motion papers are not necessary in Erie and Niagara County matters.
Courtesy Copies: Courtesy emails with proposed orders and hardcopies of Motion papers are not necessary for Erie and Niagara County matters.
Civil cases
Page 6 | NYS EJDAL Asbestos Litigation
Pre-Motion Conference Requirements
An Order to Show Cause will be granted only for genuine urgency, when a stay is required, or when required by statute.
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.
Civil cases
Page 2 | Motions and Orders to Show Cause
The preliminary conference must occur within 45 days after the Court receives a filed RJI and will be held with the Judge or Law Clerk.
Preliminary Conference will be held within forty-five (45) days of the Court’s receipt of a filed RJI. All conferences will be held with the Judge or Law Clerk.
Civil cases
Page 3 | Conferences
A matrimonial preliminary conference must be held within 45 days after filing a request for judicial intervention, with mandatory in-person attendance by counsel and the parties or clients.
Pursuant to 22 NYCRR 202.12(b), the preliminary conference must be held within forty-five (45) days of the filing of a request for judicial intervention. Attendance by counsel and the parties/clients is mandatory, and an in-person appearance.
Civil cases
Page 3 | Conferences — Matrimonial Conferences
Orders to show cause, motions, and stipulated agreements for pendente lite relief will be heard and considered at the preliminary conference.
Orders to Show Cause, Motions, and/or stipulated agreements for Pendente Lite Relief will be heard and considered during the Preliminary Conference.
Civil cases
Page 3 | Conferences — Matrimonial
Motions in limine will be scheduled one week before jury selection.
Motions in Limine will be scheduled one (1) week before jury selection.
Civil cases
Page 4 | Trials/Hearings
Adjournment & Extension Requirements
Except for trials, an adjournment requires Court approval obtained by contacting the Court Secretary or Law Clerk.
Except for trials, adjournments will only be granted with approval by the Court, by contacting the Court Secretary or Law Clerk.
Civil cases
Page 2 | Adjournments
A trial adjournment requires compelling circumstances and may be granted only by the Judge at a pretrial conference convened to address the adjournment.
The Court adheres strictly to its trial calendar; adjournments of a trial require a showing of compelling circumstances. No adjournments of a scheduled trial will be granted other than by the Judge during a pretrial conference convened to address that specific issue.
Civil cases
Page 4 | Trials/Hearings
A trial or scheduled hearing adjournment requires compelling circumstances and may be granted only by the Judge.
The Court adheres strictly to its trial calendar; adjournments of a trial require a showing of compelling circumstances. No adjournments of a scheduled hearing/trial will be granted other than by the Judge.
Civil cases
Page 5 | Matrimonial Trials/Hearings
An adjournment request to the Secretary or Law Clerk must provide three alternative dates when both parties are available.
Secretary or Law Clerk for an adjournment, please provide three (3) alternative dates where both parties are available from which the Court can choose to reschedule the matter.
Civil cases
Page 3 | Adjournments
Chambers Communication Rules
For a non-trial adjournment, request approval by contacting either the Court Secretary or Law Clerk.
Except for trials, adjournments will only be granted with approval by the Court, by contacting the Court Secretary or Law Clerk.
Civil cases
Page 2 | Adjournments
Counsel should contact the Court's Confidential Law Clerk before filing an Order to Show Cause.
Prior to filing an Order to Show Cause, counsel should contact the Court's Confidential Law Clerk.
Civil cases
Page 2 | Motions and Orders to Show Cause
All parties must notify Chambers immediately if the action resolves before the scheduled trial date.
Chambers shall be notified immediately by all parties if the action is resolved prior to the scheduled trial date.
Civil cases
Page 4 | Trials/Hearings