New York Supreme Court, Erie County Document Filing Requirements

CRITICALCivil cases

Applies to

Affidavit from insured

In cases exceeding policy limits, counsel must promptly submit three affidavits addressing existing insurance coverage: one from the insureds, one from coverage counsel, and one from an insurance-company principal.

For Cases with a value in excess of policy limits, counsel shall submit as soon as possible in the litigation an affidavit from the insureds detailing all existing insurance coverage; an affidavit from counsel offering the policy limits detailing their activities in ascertaining the existence of all available insurance coverage, and an affidavit from a principal with the insurance company swearing as to all existing insurance coverage.

CRITICALCivil cases

Applies to

Order to show cause

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.

CRITICAL

Applies to

Bail motion

Every criminal bail motion must be made in writing.

All Bail Motions must be made in writing.

CRITICAL

Applies to

Proposed disposition statement

A proposed disposition statement must be submitted two weeks before every trial or hearing.

Proposed Disposition Statements must be submitted two weeks in advance for all trials and/or hearings.

CRITICAL

Applies to

Special term note of issue

A Special Term Note of Issue accompanied by proof of payment must be submitted for Supreme Court motions.

Submit Special Term Note of Issue with proof of payment for Supreme Court Motions.

CRITICAL

Applies to

Order

Every order must be submitted with an indication that it was sent to all opposing counsel or the pro se litigant.

All orders must be submitted with an indication that the order has been sent to all opposing counsel or pro se litigant.

CRITICAL

Applies to

Order

The Court will not sign an order without proof that opposing counsel or the pro se party had an opportunity to review it.

Orders will not be signed without proof of opportunity of opposing counsel or pro se party to review.

CRITICAL

Applies to

Discovery motion

A motion to resolve a discovery dispute must be accompanied by an affidavit attesting to a good-faith attempt to resolve the dispute.

Motions to resolve discovery disputes shall be accompanied by an affidavit of good faith attempt at resolution.

CRITICAL

Applies to

Nysis copy

Assistant District Attorneys must provide the Court with a copy of the NYSIS before arraignments on indictments, bail motions, and SCI pleas.

Assistant District Attorneys to provide copy of NYSIS to the Court prior to arraignments on indictments, bail motions, and SCI pleas.

CRITICAL

Applies to

Verdict sheet

Verdict sheets must be provided one week before jury selection.

and verdict sheets are required one (1) week prior to jury selec on.

CRITICAL

Applies to

Sci paperwork

All SCI paperwork and the Defendant Information Sheet must be provided to the Court at least 48 hours before the scheduled plea.

All SCI paperwork and Defendant Information Sheet is to be provided to the Court at least 48 hours in advance of the scheduled plea.

CRITICAL

Applies to

Costs or attorney fees request

A request for costs and/or attorney fees must include a bill of costs and an affidavit stating the basis for the requested award.

Requests for costs and/or attorney fees must be accompanied by a bill of costs and an affidavit indicating the basis for the award requested.

CRITICAL

Applies to

Foreclosure motion

The first foreclosure motion should include proof of compliance with the 90-day pre-foreclosure notice when RPAPL 1304 requires it.

The first motion should include proof of compliance with the 90-day pre-foreclosure notice, where required by RPAPL 1304.

CRITICAL

Applies to

Initial conference submission

The initial conference will be held virtually through MS Teams unless otherwise indicated, and pleadings plus a brief case summary in letter form must be provided beforehand.

An initial conference will be held virtually via MS Teams unless otherwise indicated. Pleadings and a brief summary of the case in letter form are required in advance of the conference.

CRITICAL

Applies to

Default motion

Every default motion must be accompanied by an attorney affirmation stating the basis for the default.

All default motions should be accompanied with an attorney affirmation setting forth the basis for the default.

CRITICAL

Applies to

Discovery motion

Counsel must have a conversation attempting to resolve discovery disputes before filing a discovery-dispute motion.

There must have been a conversation between counsel to attempt to resolve discovery disputes.

CRITICALCivil cases

Applies to

Discovery motion

Discovery-dispute motions must be accompanied by an affidavit showing a good-faith attempt to resolve the dispute, and parties are encouraged to discuss discovery issues at conferences to reduce motion practice.

Motions to resolve discovery disputes shall be accompanied by an affidavit of good faith attempt at resolution; parties are encouraged to discuss discovery issues during conferences in order to minimize motion practice.

CRITICALCivil cases

Applies to

Default application

Must include

certificate of service

Default applications must include the required service affidavit and Court Notice.

Default applications shall include an affidavit of service showing that a mailed copy of the papers, with the return date, was served on the defendant, together with the Court Notice, which advises the defaulting party how to appear virtually.

CRITICALCivil cases

Applies to

Discovery motion

Disclosure or discovery motions must include an affirmation of good-faith efforts, and counsel must have actually discussed the dispute; letters or emails alone are insufficient.

Motions regarding disclosure/discovery must include an affirmation of the good faith efforts made to resolve the dispute. Letters or emails between counsel are insufficient, there must have been a conversation between counsel. (Uniform Rule §202.7).

CRITICALCivil cases

Applies to

Summary judgment motion

The Court neither requires nor accepts a Statement of Material Facts for motions for summary judgment.

Motions for Summary Judgment: The Court does not require nor accept a “Statement of Material Facts”.

CRITICALCivil cases

Applies to

Order to show cause

Orders to show cause requesting temporary restraining orders must comply with Uniform Rule §202.7(f).

Orders to Show Cause with requests for TROs must comply with Uniform Rule §202.7(f).

CRITICALCivil cases

Applies to

CPLR 3122 b privilege log

A party seeking to limit disclosure must submit a CPLR §3122(b) privilege log within 14 days of receiving the records.

Within 14 days of receipt of the records, the party seeking to limit disclosure shall submit a CPLR §3122(b) privilege log and a copy of the Bill of Particulars on notice to opposing counsel.

CRITICAL

Applies to

Judgment roll

If counsel does not receive the dispensation email, both attorneys and clients must appear for the final judgment roll.

If counsel does not receive an email, both attorneys and clients must appear.

CRITICAL

Applies to

Agreement modification

A modification expanding the rights set forth in the written agreement must be signed and notarized by the parties.

If expand on rights: Modification to agreement must be signed & notarized by parties.

CRITICAL

Applies to

Proposed agreement

Counsel must bring the most recent proposed agreement to the settlement conference in both paper and electronic form.

Counsel must bring the most recent proposed agreement in paper and electronic form.

CRITICAL

Applies to

Motion

A motion seeking financial relief must be accompanied by the movant’s DRL§236(B) affidavit.

Motions seeking financial relief - must be accompanied by the movants DRL§236(B) affidavit.

CRITICAL

Applies to

Quantum meruit application

A quantum meruit application must include the listed agreement or transcript, fully executed retainer agreement and client-rights statement, current DRL§236(B) affidavit, and itemized billing statements including 60-day invoices.

Quantum meruit applications – the following documents MUST be submitted, or the application will be denied:

CRITICAL

Applies to

Discovery dispute motion

A motion to resolve a discovery dispute must include an affidavit describing a good-faith attempt to resolve the dispute.

Motions to resolve discovery disputes shall be accompanied by an affidavit of good faith attempt at resolution.

CRITICAL

Applies to

Agreement modification

A modification to an agreement must be signed and notarized by the parties.

Modification to agreement must be signed & notarized by parties.

CRITICAL

Applies to

Paper

An attorney or party using a defined AI tool to prepare a paper must independently review it for fabricated or fictitious authority and certify that review by signing the paper.

Accordingly, any attorney or party who uses an artificial intelligence tool, as defined in 22 NYCRR 161.2(a), in preparing any paper, as defined in 22 NYCRR 161.2(b), filed in or submitted to this court or served on another party in a case before this court is required to carefully review the paper and independently ensure that it contains no fabricated or fictitious cases, statutes, or other material. By signing such paper, an attorney or party certifies that such a review has been conducted and that the paper contains no such fabricated or fictitious content.

CRITICAL

Applies to

Qdro

For a case older than one year from entry of judgment, the (Q)DRO must be submitted by motion filed in NYSCEF or the ECCO and then brought before the judge who signed the divorce judgment.

Any case that is older than one year from entry of judgment: (Q)DRO must be submitted on motion filed in NYSCEF or the ECCO and then taken to the judge who signed the judgment of divorce with the following documents:

CRITICAL

Applies to

Post trial motion

Post-trial motions and responding papers must cite each transcript’s NYSCEF document number, page, and line before the court considers the motion.

all post-trial motion(s) and responding papers must refer to the NYSCEF Document Number assigned to each transcript with page(s) and line(s) cited in all papers in support or in opposition to the motion(s) prior to the Court’s consideration of the motion(s).

CRITICALCivil cases

Applies to

Proposed order

When applicable, a transcript of the Court's decision must be attached to the proposed order.

A transcript of the Court’s decision, where applicable, must be attached to the proposed Order.

CRITICALCivil cases

Applies to

Proposed order

The submitted order must indicate that it was sent to all opposing counsel or pro se litigants and that no objection was received.

Orders must be submitted by the prevailing party within thirty (30) days from decision date with indication that the Order has been sent out to all opposing counsel or pro se litigant and that no objection has been received.

CRITICALCivil cases

Applies to

Disclosure motion

Must include

certificate of conference

Counsel filing a disclosure motion must affirm a good-faith conference with opposing counsel, conducted in person or by telephone, to resolve the raised issues.

Pursuant to 22 NYCRR 202.20-f, counsel bringing a motion relating to disclosure 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 by in-person or by telephone conference.

CRITICALCivil cases

Applies to

Tro

A temporary restraining order must provide notice to opposing counsel when that counsel is known.

TROs must be on notice to opposing counsel, if known.

CRITICALCivil cases

Applies to

Conference summary

Must include

page count

The one-page case summary must be emailed to the law clerk at least one week before the conference and address the requested intervention and issues to be considered.

Summaries are to be e-mailed to jmombrea@nycourts.gov at least one week prior to the conference and should include a short statement regarding the nature of the requested judicial intervention and the specific issues to be addressed at the conference.

CRITICALCivil cases

Applies to

Order

The submitted order must indicate that it was sent to all opposing counsel or the pro se litigant and that no objection was received.

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.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

Except for Orders to Show Cause, all attorneys and parties must approve an order before submission to the Court for signature, and the Court must be notified of that approval.

All orders (except Orders to Show Cause) are to be approved by all attorneys/parties prior to submission to the Court for signature, with notice to the Court of such approval.

CRITICALCivil cases

Applies to

Discovery motion

Every discovery motion must include an affidavit of good faith.

Affidavits of good faith are required with all discovery motions.

CRITICALCivil cases

Applies to

Settlement submission

A settlement for available insurance coverage in an excess-policy-limit case requires preparation of three specified insurance-coverage affidavits.

If a case with a value in excess of the policy limits is being settled for the available insurance coverage, be prepared to submit the following: an affidavit from the insured detailing their knowledge of insurance coverage; an affidavit from counsel offering policy limits detailing their activities in ascertaining the existence of all available insurance coverage; and an affidavit from a principal with the insurance company swearing that they have no knowledge of any other available insurance coverage.

CRITICALCivil cases

Trial counsel must attend the final pretrial conference.

Trial counsel are required to attend the final pretrial conference.

CRITICALCivil cases

Applies to

Case summary

A case summary limited to one page is required one week before the initial conference.

A brief summary (no more than a page) of the case is required one week prior to the initial conference.

CRITICALCivil cases

Applies to

TRO

A TRO request assigned to another judge will be considered only after approval by the IAS judge or that judge's law clerk.

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

CRITICALCivil cases

Applies to

Stipulation

When a litigant is merely switching attorneys, a stipulation consenting to the change is required and a motion need not be filed.

Where the litigant is merely switching attorneys, a stipulation consenting to change attorneys is required and a motion need not be brought.

CRITICALCivil cases

Applies to

Attorney affirmation

Before the referring judge signs an order of referral, each attorney on the case must fully complete and provide an attorney affirmation.

Before signing an order of referral, each attorney on the case must fully complete and provide to the referring judge an attorney affirmation (a copy of which is attached).

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Within ten days after oral argument, movant’s counsel must submit a proposed order in Microsoft Word format by email to opposing counsel and Todd Bushway, Esq.

Within ten days after oral argument of the motion, counsel for the movant shall submit a proposed Order in Microsoft Word® format via e-mail to opposing counsel and to Confidential Law Clerk Todd Bushway, Esq.

CRITICALCivil cases

Applies to

Discovery motion

A discovery motion must be supported by an affidavit or affirmation documenting a good-faith attempt to resolve the dispute.

Motions respecting discovery disputes must be supported by an affidavit or affirmation of a good faith attempt at resolution (see 22 NYCRR § 202.7 [a]-[c]) before filing a disclosure motion, the party seeking disclosure shall call chambers and schedule a Teams or phone conference.

CRITICALCivil cases

Applies to

Note of issue

A Note of Issue must be filed before the court will schedule a trial, issue a Trial Scheduling Order, or provide a trial date.

The filing of the NOI is a condition precedent to the court scheduling a trial and issuing a Trial Scheduling Order. The court will not provide a trial date until after the NOI is filed.

CRITICALCivil cases

Applies to

Exhibits

Each exhibit must have a separate cover sheet marked with its exhibit designation and must include a brief description beyond merely stating Exhibit A or Exhibit B.

After uploading a primary document, please choose the document type “Exhibit” and enter the appropriate number or letter and a brief description of the exhibit; each exhibit should bear a separate cover sheet clearly marked as “Exhibit A,” “Exhibit B,” etc. “Exhibit A” or “Exhibit B” is unacceptable as a brief description of the exhibit.

CRITICALCivil cases

Applies to

Motion

An attorney seeking withdrawal that would leave the litigant self-represented must file a motion by order to show cause on notice.

Any attorney seeking to withdraw from a case MUST FILE A MOTION by order to show cause on notice where the granting of such application would result in the litigant being self-represented.

CRITICAL

Applies to

Pendente lite relief request

A request for pendente lite relief must be supported by tax statements or paycheck stubs.

Requests for pendente lite relief must be substantiated by tax statements or paycheck stubs.

CRITICAL

Applies to

Statement of net worth

Both parties in a matrimonial action must file statements of net worth before the preliminary conference.

Both parties are required to have their statements of net worth [236(b)] filed prior to the preliminary conference in a matrimonial action.

CRITICAL

Applies to

Application to waive court fees and costs

Must include

certificate of service

File an Affirmation of Service (UCS-FW3) with the court.

- File an Affirmation of Service (UCS-FW3) with the court

CRITICAL

Applies to

Poor person relief application

The applicant must provide two recent paycheck stubs, proof of government benefits, and all other income information before the court considers the application.

The applicant MUST provide two recent paycheck stubs and proof of government benefits such as Social Security Disability, SNAP, or other DSS benefits and all other sources of income before the court will consider the ===== PAGE 5 ===== application.

CRITICAL

Applies to

Preliminary conference statement

Each party must submit a brief summary and position statement of no more than one page before the preliminary conference.

All parties are to submit a brief summary and position statement (not to exceed one page) prior to the preliminary conference.

CRITICAL

Applies to

Documents submitted to court

An attorney or pro se litigant filing documents certifies that the papers contain no false material factual statement.

Any attorney or pro se litigant who submits documents to the court certifies that the papers do not contain any false material factual statement.

CRITICAL

Applies to

Poor person relief application

An applicant for poor person relief must use court form UCS-FW1S.

A party who applies for poor person relief must use court form UCS-FW1S attached herewith.

CRITICAL

Applies to

Supporting papers

All supporting papers must be submitted as a notary-jurat sworn affidavit or a properly avowed affirmation complying with CPLR 2106.

NOTE: All supporting papers must be in the form of a notary jurat sworn affidavit or a properly avowed affirmation in accordance with CPLR 2106.

CRITICAL

Applies to

Signed retainer agreement copy

Plaintiff’s counsel must provide a copy of the signed retainer agreement.

4. A copy of the signed retainer agreement;

CRITICAL

Applies to

Date stamped summons copy

Plaintiff’s counsel must provide a copy of the date-stamped summons.

5. A copy of the date-stamped summons;

CRITICAL

Applies to

Case summary

A case summary of no more than one page must be emailed to the Court one week before the initial conference.

A summary (no more than a page) of the case is required (via email) one week prior to the initial conference.

CRITICAL

Applies to

Status letter

Defendant’s counsel must provide a letter identifying resolved and unresolved issues.

Defendant’s counsel must produce: 1. A letter stating what issues are resolved and unresolved;

CRITICAL

Applies to

Status letter

Plaintiff’s counsel must provide a letter identifying resolved and unresolved issues.

Plaintiff’s counsel must produce: 1. A letter stating what issues are resolved and unresolved;

CRITICAL

Applies to

Signed retainer agreement copy

Defendant’s counsel must provide a copy of the signed retainer agreement.

4. A copy of the signed retainer agreement.

CRITICAL

Applies to

Affidavit of service copy

Plaintiff’s counsel must provide a copy of the affidavit of service.

6. A copy of the affidavit of service.

CRITICAL

Applies to

Proposed order

The proposed order must include an indication of service and no objection, and a transcript of the court's decision must be attached when applicable.

Orders must be submitted by the prevailing party within thirty (30) days from decision date with indication that the Order has been sent out to all opposing counsel or pro se litigant and that no objection has been received. A transcript of the Court’s decision, where applicable, must be attached to the proposed Order.

CRITICAL

Applies to

Financial affidavit

Plaintiff’s counsel must provide a 236b financial affidavit.

2. A 236b financial affidavit;

CRITICAL

Applies to

Current year w2 copy

Plaintiff’s counsel must provide a copy of the current-year W-2.

3. A copy of the current year W-2;

CRITICAL

Applies to

Affidavit

Both parties must submit a DRL § 236(b) Affidavit one week before the preliminary conference in a matrimonial case.

Preliminary conferences in matrimonial cases require the submission of a DRL § 236(b) Affidavit from both parties one (1) week prior to the scheduled conference.

CRITICAL

Applies to

Privilege log

The party seeking to limit disclosure must submit a CPLR §3122(b)-consistent privilege log within 14 days after receiving the records.

Once the party seeking to limit disclosure has received a copy of the records, they shall submit a privilege log consistent with CPLR §3122(b) and a copy of the Bill of Particulars on notice to opposing counsel within 14 days.

CRITICAL

Applies to

Proposed jury instructions and verdict sheet

Proposed jury instructions and the verdict sheet must be emailed to the Secretary and Confidential Law Clerk two weeks before jury selection begins, using current PJI numbers.

Proposed Jury Instructions and Verdict Sheet must be emailed to the Secretary and Confidential Law Clerk two (2) weeks prior to the start of Jury Selection, and current PJI numbers must be used.

CRITICAL

Applies to

Post motion decision

Must include

proposed order

The prevailing party must file a proposed order through NYCEF within 10 days of the judge's ruling.

Proposed orders following motion decisions must be filed via NYCEF by the prevailing party within ten (10) days of the Judge’s ruling.

CRITICALCivil cases

Applies to

Order

Before submission for signature, orders and other papers must be circulated to opposing counsel or the pro se party for comment and approval, except Orders to Show Cause.

All orders and other papers for signature (except Orders To Show Cause) must first be circulated to opposing counsel or pro se party for comment and approval.

CRITICALCivil cases

Applies to

Discovery motion

Must include

affidavit of good faith attempt

A motion to resolve a discovery dispute must include an affidavit describing a good-faith attempt to resolve the dispute; counsel letters alone are insufficient.

Motions to resolve discovery disputes shall be accompanied by an affidavit of good faith attempt at resolution. Letters between counsel are insufficient.

CRITICAL

Applies to

Note of issue

A Note of Issue must be filed by the date directed in the Preliminary Conference Order, and failure to do so may result in dismissal under CPLR 3216.

6. A Note of Issue shall be filed on or before . Failure to file a Note of Issue as directed herein may result in dismissal pursuant to CPLR 3216.

CRITICAL

Applies to

Agreement or stipulation

When custody, parenting time, and decision-making issues are resolved, the parties must submit an agreement or stipulation by the stated deadline.

(a) If the issues of custody, including parenting time and decision-making, are resolved: The parties are to submit an agreement/stipulation no later than .

CRITICAL

Applies to

Preliminary conference

The Preliminary Matrimonial Information Sheet, retainer agreement, summons, affidavit of service, and certified DRL § 236 (B) affidavit must be provided to the court and opposing counsel 10 days before the preliminary conference.

The Preliminary Matrimonial Information Sheet, a retainer agreement, summons, affidavit of service, a certified DRL § 236 (B) affidavit must be provided to the Court and opposing counsel 10 days prior to the conference.

CRITICAL

Applies to

Motion and responding papers

All motions and responding papers must comply with CPLR requirements.

All motions and responding papers must meet CPLR requirements.

CRITICAL

Applies to

Preliminary conference order

The Preliminary Conference Order and its addendum must be completed as directed in the conference notice.

The PCO, including the addendum, must be completed as set forth in the notice.

CRITICALCivil cases

Applies to

Order

The prevailing party’s counsel must submit the order to Chambers within seven business days of the decision and upload it to NYSCEF with verification of service and no objection for three business days after service.

Shall be submitted to Chambers by the prevailing party’s counsel within seven (7) business days of a decision as to same and uploaded to NYSCEF, together with verification that the order has been served upon all opposing counsel (or pro se litigants), and that no objection has been received within three (3) business days of service.

CRITICALCivil cases

Applies to

Judgment roll checklist

The judgment roll checklist in Appendix B must be completed and uploaded to NYSCEF when submitting a proposed judgment for judicial signature.

Please complete and upload to NYSCEF, the judgement roll checklist contained in Appendix B to these rules in conjunction with the tender of a proposed judgment for judicial signature.

CRITICALCivil cases

Applies to

Preliminary conference filings

The retainer agreement, summons, affidavit of service, and Domestic Relations Law §236 B affidavit must be uploaded to NYSCEF before the preliminary conference.

Please also upload a retainer agreement, summons, affidavit of service, and Domestic relations Law §236 B affidavit to NYSCEF in advance of that conference.

CRITICALCivil cases

Applies to

Case summary

Before a preliminary conference, counsel must provide Chambers with a one (1) page case summary.

Prior to a preliminary conference, counsel shall provide Chambers with a one (1) page summary of the case.

CRITICALCivil cases

Applies to

Order

The court will not sign an order without the required verification.

Orders will not be signed without said verification.

CRITICALCivil cases

Applies to

TRO request

A TRO request in a case assigned to another judge will be considered only with approval from the IAS judge or the IAS law clerk, unless both are unavailable.

Requests for TROs on cases assigned to another judge will be considered only upon approval of the IAS judge or his/her law clerk except in cases where both are unavailable.

CRITICALCivil cases

Applies to

Order

Orders must be submitted with an indication that they were sent to all opposing counsel or pro se litigants and will not be signed without proof of an opportunity to review.

All orders must be submitted with an indication that the order has been sent to all opposing counsel or pro se litigant. Orders will not be signed without proof of opportunity of opposing counsel or pro se party to review.

CRITICALCivil cases

Applies to

TRO request

Every request for temporary restraining order must comply with Uniform Rule for Trial Courts § 202.7(f).

All requests for TROs must comply with Uniform Rules for Trial Court §202.7(f).

CRITICALCivil cases

Applies to

Discovery motion

A discovery-dispute motion must include an affidavit describing a good-faith resolution effort, and counsel must have actually conferred; correspondence alone is insufficient.

Motions to resolve discovery disputes shall be accompanied by an affidavit of good faith attempt at resolution. Letters between counsel are insufficient. There must have been a conversation between counsel to attempt to resolve discovery disputes.

CRITICAL

Applies to

Filing

Must include

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.

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.

CRITICAL

Applies to

Notice of motion

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

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

CRITICALCivil cases

Applies to

Plaintiff current year w2

The plaintiff must provide a copy of the current-year W-2 at least one week before the preliminary conference.

3. A copy of the current year W-2;

CRITICALCivil cases

Applies to

Defendant signed retainer agreement

The defendant must provide a copy of the signed retainer agreement at least one week before the preliminary conference.

4. A copy of the signed retainer agreement.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Counsel filing a motion must affirm that counsel conferred with opposing counsel in a good-faith effort to resolve the motion's issues.

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.

CRITICALCivil cases

Applies to

Proposed jury instructions

Proposed jury instructions must be submitted at least one week before jury selection unless previously provided.

-proposed jury instructions,

CRITICALCivil cases

Applies to

Witness list

A witness list must be submitted at least one week before jury selection unless previously provided.

-witness list,

CRITICALCivil cases

Applies to

Plaintiff affidavit of service

The plaintiff must provide a copy of the affidavit of service at least one week before the preliminary conference.

6. A copy of the affidavit of service.

CRITICALCivil cases

Applies to

Reply brief

Reply papers may not be submitted for an Order to Show Cause without the Court's advance permission.

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.

CRITICALCivil cases

Applies to

Plaintiff date stamped summons

The plaintiff must provide a copy of the date-stamped summons at least one week before the preliminary conference.

5. A copy of the date-stamped summons;

CRITICALCivil cases

Applies to

Proposed stipulations

Written copies of all proposed stipulations must be submitted at least one week before jury selection unless previously provided.

-written copy of all proposed stipulations,

CRITICALCivil cases

Applies to

Plaintiff issue letter

The plaintiff must provide a letter identifying resolved and unresolved issues at least one week before the preliminary conference.

1. A letter stating what issues are resolve and unresolved;

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Counsel moving must affirm that they conferred with opposing counsel in good faith to try to resolve the motion's issues.

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.

CRITICALCivil cases

Applies to

Defendant issue letter

The defendant must provide a letter identifying resolved and unresolved issues at least one week before the preliminary conference.

1. A letter stating what issues are resolved and unresolved;

CRITICALCivil cases

Applies to

Order following motion argument

The submitted order must indicate that it was sent to all opposing counsel or pro se litigants and that no objection was received.

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.

CRITICALCivil cases

Applies to

Proposed verdict sheet

A proposed verdict sheet must be submitted at least one week before jury selection unless previously provided.

-proposed verdict sheet

CRITICALCivil cases

Applies to

Plaintiff 236b financial affidavit

The plaintiff must provide a 236b financial affidavit at least one week before the preliminary conference.

2. A 236b financial affidavit;

CRITICALCivil cases

Applies to

Sur reply

Sur-replies are prohibited unless the Judge requests them.

Sur-replies are not permitted unless requested by the Judge, see 22 NYCRR 202.8-c.

CRITICALCivil cases

Applies to

Plaintiff signed retainer agreement

The plaintiff must provide a copy of the signed retainer agreement at least one week before the preliminary conference.

4. A copy of the signed retainer agreement;

CRITICALCivil cases

Applies to

Exhibit list

An exhibit list must be submitted at least one week before jury selection unless previously provided.

-exhibit list,

CRITICAL

Applies to

Order

An order may not be signed unless it includes verification that opposing counsel or the self-represented litigant reviewed it and no objection was received.

Orders may not be signed without that verification

CRITICAL

Applies to

Preliminary conference summary

Counsel must email a one-page case summary to the Court and all other counsel at least seven days before the preliminary conference.

At least seven (7) days prior to the preliminary conference, counsel shall provide the Court and all other counsel with a one (1) page summary of the case which should be submitted by email to Reina Termini (rtermini@nycourts.gov).

WARNING

Applies to

Attorney for child voucher

An attorney-for-child voucher must be submitted to court chambers for further signature and processing.

Attorney for Child Voucher’s should be submitted to the Court’s Chambers for further signature and processing.

WARNINGCivil cases

Applies to

Proposed order

Must include

proposed order

Orders based on the court’s decision must be submitted to all counsel for approval before submission to the Court.

Orders based upon a Decision of this court will be submitted to all counsel for approval prior to submission to the Court.

WARNINGCivil cases

Applies to

Proposed order

An uploaded order must indicate that the proposed order was sent to all opposing counsel or pro se litigants.

Orders must be uploaded within 14 days from the Court’s decision, with an indication that the proposed order has been sent to all opposing counsel/pro se litigants.

WARNING

Applies to

Settlement conference

Both parties should review the proposed agreement before the settlement conference, and all litigants and attorneys must attend in person.

It is expected that both parties will have reviewed the proposed agreement prior to the settlement conference, and all litigants and attorneys are required to attend Settlement Conferences In Person.

WARNING

Applies to

Judgment roll

A partial submission of the required final judgment roll documents does not excuse the appearance.

Partial submissions will not excuse the appearance.

WARNING

Applies to

Qdro

For a case less than one year from entry of judgment, the (Q)DRO should be submitted to the signing divorce judge, or to the Chief Clerk’s Office if that judge is no longer on the bench or the matter is uncontested.

Any case that is less than one year away from entry of judgment: (Q)DRO should be submitted to the judge who signed the judgment of divorce (if no longer on the bench or if it originates as an uncontested matter, go directly to the Chief Clerk’s Office) with the following:

WARNING

Applies to

Written or verbal submission

Written and verbal submissions must identify filed documents by their NYSCEF document number when referring to them.

In all written or verbal submissions, use NYSCEF Document Numbers when referring to a filed document instead of or in addition to, for example, an exhibit letter or just the name of the document.

WARNING

Applies to

Adjournment request

The Adjournment Request Form is mandatory when clients are unavailable.

The Adjournment Request Form must be used if the clients are not available.

WARNINGCivil cases

Applies to

Protective order application

A protective-order application should include available police or medical reports and the Protective Registry Information Sheet.

Applications for an order should include police and/or medical reports, if available, as well as the Protective Registry Information Sheet.

WARNINGCivil cases

Applies to

Calendar

Counsel must bring calendars to every conference so dates for the scheduling order and trial availability can be determined.

Counsel must bring their calendars to all conferences to determine applicable dates for the scheduling order and trial availability.

WARNINGCivil cases

Applies to

Discovery motion

A discovery application lacking an affidavit or affirmation of good-faith effort will likely be rejected.

Applications lacking the affidavit or affirmation of good faith effort will likely be rejected.

WARNINGCivil cases

Applies to

Policy limits settlement

A settlement within available insurance coverage for a case exceeding the policy limits should be accompanied by three affidavits addressing the insured parties' coverage knowledge, counsel's coverage investigation, and the insurer's lack of knowledge of other applicable coverage.

If a case with a value in excess of the policy limits is being settled for available insurance coverage, be prepared to submit all of the following: an affidavit from the insureds detailing their knowledge of insurance coverage; an affidavit from counsel who is offering the policy limits detailing their activities in ===== PAGE 4 ===== ascertaining the existence of all available insurance coverage, and; an affidavit from a principal with the insurance company swearing they have no knowledge of any other applicable insurance coverage.

WARNING

Applies to

Oral argument request

A request for oral argument by Microsoft Teams must be made in writing and state the reason for the request; office location alone is insufficient.

A request for oral argument via Microsoft Teams must be requested in writing in which the reason for the request is stated. Office location alone is not a reason for granting a virtual appearance.

WARNINGCivil cases

Applies to

Deposition testimony list

Counsel must exchange the list of deposition testimony to be offered and confer in good faith about portions admissible without objection.

Counsel shall exchange a list of deposition testimony that will be offered into evidence and confer in good faith to agree upon those portions of the deposition testimony that will be admitted into evidence without objection.

WARNINGCivil cases

Applies to

Summary judgment papers

Compliance with New York rule §202.8-g is waived unless the case presents a first impression under state law.

Unless your case is one of first impression in the State of New York, compliance with rule §202.8-g is waived.

WARNINGCivil cases

Applies to

Exhibits

Counsel must confer in good faith about exhibits admissible without objection and pre-mark them with the court reporter.

Counsel shall confer in good faith to agree upon those exhibits that shall be admitted into evidence without objection, and shall pre-mark them with the Court Reporter.

WARNINGCivil cases

Applies to

Order of protection application

Orders of Protection should be presented personally to the Court Clerk, and applications should include available police or medical reports and the Protective Registry Information 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.

WARNING

Applies to

Statement of material facts

Statements of material facts should not be submitted and will not be considered by the Court.

Statements of material facts should not be submitted and will not be considered by the Court (see repeal of 22 NYCRR 202.8-g, effective July 7, 2025)

INFO

Applies to

Judgment roll

If all necessary final judgment roll documents are submitted, the court will send an email dispensing with the appearance.

If all of the necessary documents are submitted, you will receive an email dispensing with your appearance.

INFOCivil cases

Applies to

Order of protection application

Applications for an order should include available police or medical reports and the Protective Registry Information Sheet.

Applications for an order SHOULD include police and/or medical reports if available, as well as the Protective Registry Information Sheet.