New York Supreme Court, Erie County Electronic Filing Rules

CRITICAL

The court will not accept papers by fax.

The court will not accept papers via fax.

CRITICALCivil cases

Applies to

Proposed order

Orders submitted for signature must be filed on Notice through NYSCEF.

Orders for signature must be filed on Notice via NYSCEF.

CRITICALCivil cases

All papers must be e-filed for the Court to consider them; paper copies are not required, although good-cause exceptions may be granted.

All papers must be e-filed to be considered by the Court. Paper copies are not required. Exceptions may be made for good cause shown.

CRITICALCivil cases

Applies to

Note of issue

A trial date will be scheduled as date certain only after a Note of Issue has been e-filed.

Trial dates are considered to be “date certain” and will only be scheduled after a Note of Issue has been e-filed.

CRITICALCivil cases

Applies to

Foreclosure document

Foreclosure matters must be e-filed on notice.

Foreclosure matters are e-filed on notice.

CRITICALCivil cases

Applies to

Nyscef confirmation notice

The appropriate NYSCEF Confirmation Notice must be submitted electronically.

The appropriate NYSCEF Confirmation Notice must be e-filed.

CRITICALCivil cases

Fax submissions are prohibited.

Fax submissions are not permitted.

CRITICALCivil cases

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).

CRITICALCivil cases

Fax and email submissions are not permitted.

No fax or e-mail submissions are permitted.

CRITICAL

Applies to

Supreme court motion

Counsel must electronically file the original Supreme Court motion papers and email the court to confirm the return date and obtain required service provisions.

Counsel to e-file original papers and email the Court to confirm the return date and to obtain the necessary service provisions.

CRITICAL

Papers in matters not subject to electronic filing must be provided to the Court simultaneously with service on all parties.

Papers in matters not subject to e-filing are to be provided to the Court simultaneously with service on all parties.

CRITICAL

Applies to

Papers and exhibits

All papers and exhibits subject to electronic filing, including motions, proposed orders, and proposed judgments, must be electronically filed.

All papers and exhibits subject to e-filing, including motions, proposed orders and proposed judgments shall be electronically filed.

CRITICALCivil cases

Applies to

Correspondence

Correspondence to the Court must not be filed electronically through NYSCEF.

Correspondence to the Court should be sent to Ann Metz either by email or mail, NOT filed on NYSCEF.

CRITICALCivil cases

Applies to

Reply affidavit

Reply affidavits must be filed through NYSCEF, with working copies delivered to Chambers no later than noon two days before the return date.

EXCEPT REPLY AFFIDAVITS must be filed via NYSCEF AND working copies delivered to Chambers no later than noon two days prior to the return date (generally noon Tuesday for Thursday Special Term).

CRITICALCivil cases

Applies to

Motion papers

Motion papers may not be submitted by fax or email.

Fax and e-mail submissions of motion papers are not permitted.

CRITICAL

Applies to

Post trial motion

Post-trial motions must include a simultaneous NYSCEF upload of the relevant trial testimony transcripts and exhibits.

All Post-Trial Motions including those made pursuant to the CPLR and/or GOL, etc. require a simultaneous upload of the trial testimony transcript(s) of each relevant witness to the motion(s) and exhibit(s)

CRITICALCivil cases

Applies to

Order

The prevailing party must submit the order through NYSCEF within three weeks after the judge's ruling, whether the ruling was oral or written.

Orders following motion argument must be submitted via NYSCEF by the prevailing party within three (3) weeks of the Judge’s ruling, whether oral or in writing.

CRITICALCivil cases

Papers must be filed through NYSCEF; for matters not recorded there, papers must instead be emailed to both the court clerk and the law clerk.

All 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 Clerk and the Law Clerk.

CRITICALCivil cases

Applies to

Letter

Correspondence must not be filed on NYSCEF because the Court will not consider it.

The Court will not accept, receive notice of or review correspondence that is filed on NYSCEF.

CRITICALCivil cases

Applies to

Motion

Motions, cross-motions, opposing papers, and replies must be electronically filed on NYSCEF.

All motions, cross-motions, opposing papers and replies are to be e-filed on NYSCEF.

CRITICALCivil cases

Applies to

Motion

Motion papers may not be filed by fax.

No motion papers may be faxed.

CRITICALCivil cases

Applies to

Letter

Letters to the court may not be uploaded to NYSCEF without prior court approval and instead should be emailed to Ms. Burke or Ms. Pazik.

Please note, no letters to the court are to be uploaded to NYSCEF regarding court cases without prior approval of the court – please email such letters to Ms. Burke or Ms. Pazik and the court will address them.

CRITICALCivil cases

Applies to

Exhibits

Each NYSCEF exhibit must be uploaded as a separate PDF, designated as an Exhibit with a number or letter and brief description, and have a separate cover sheet marked Exhibit A, Exhibit B, and so forth.

In the NYSCEF system, each exhibit must be uploaded as a separate .pdf file. 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.

CRITICAL

Applies to

Proposed order

An order must be uploaded as a proposed order before the court can sign and file it.

Orders must be uploaded as a proposed order before they can be signed and filed.

CRITICAL

Applies to

Adjournment request

Requests for adjournments must not be electronically filed on NYSCEF.

Do not electronically file requests for adjournments on NYSCEF.

CRITICAL

Applies to

Motion

Motion papers must be filed electronically through NYSCEF for the Court’s consideration, and hard copies are not required.

All papers must be filed electronically through NYSCEF to be considered by the Court. Hard copies of motion papers are not required.

CRITICAL

Applies to

Order

The prevailing party must file the order on NYSCEF within seven days for the Judge’s signature, with service verification and confirmation of no objection for three business days after service; only orders approved by all attorneys of record or pro se litigants should be filed.

All orders must be filed on NYSCEF within seven (7) days by the prevailing party for signature by the Judge, 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. Only orders that have been approved by all attorneys of record (or pro se litigants), with notice of such approval to the Court, should be filed on NYSCEF.

CRITICAL

Applies to

Proposed order

The prevailing party must file the post-decision proposed order electronically through NYCEF.

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

CRITICAL

Applies to

Final judgment roll

All checklist items for the final judgment roll must be uploaded to NYSCEF.

FINAL JUDGMENT ROLL – All items on the Checklist must be uploaded to NYSCEF.

CRITICAL

Papers may not be submitted by fax or email except in extenuating circumstances.

NO PAPERS MAY BE SUBMITTED BY FAX OR EMAIL the Court will not consider any such submission, short of extenuating circumstances.

CRITICAL

Applies to

QDRO submission

For a QDRO case older than one year from entry of judgment, the QDRO must be submitted on a motion filed in ECCO and then taken to the chief clerk’s office for assignment to an IAS judge.

(Q)DRO MUST BE SUBMITTED ON MOTION FILED IN THE ECCO AND THEN TAKEN TO THE CHIEF CLERK’S OFFICE FOR ASSIGNMENT TO AN IAS JUDGE WITH THE FOLLOWING DOCUMENTS:

CRITICALCivil cases

Applies to

Original papers

In matters not subject to e-filing, original papers must be provided to the Court simultaneously with service on all parties.

Original papers in matters not subject to e-filing are to be provided to the Court simultaneously with service on all parties.

CRITICALCivil cases

Applies to

Letter

Letter requests for adjournments must not be filed on NYSCEF.

Please note: adjournment requests should be made by email to Siobhan McMahon and David Caywood shmcmaho@nycourts.gov; and dcaywood@nycourts.gov; please do not file letter requests for adjournments on NYSCEF.

CRITICALCivil cases

Applies to

Submissions

All submissions in matters subject to e-filing, including motions, proposed orders, and proposed judgments, must be filed electronically.

For all matters assigned to this Court subject to e-filing, all submissions, including motions, proposed orders and proposed judgments must be electronically filed.

CRITICAL

Applies to

Matrimonial document

Documents must be uploaded to NYSCEF prior to the PC.

Documents must be uploaded to NYSCEF prior to the PC.

CRITICALCivil cases

Applies to

Motion papers

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.

WARNINGCivil cases

Applies to

Protective order

Orders of Protection should be personally presented to the Court Clerk.

Orders of Protection should be personally presented to the Court Clerk.

INFOCivil cases

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.

INFOCivil cases

Motions and report-back conferences are virtual unless the court arranges otherwise.

All motions and report back conferences are virtual unless otherwise arranged.

INFOCivil cases

Applies to

Case summary

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.