New York Supreme Court, Erie County Filing Timing and Cure Windows

CRITICALCivil cases

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.

CRITICALCivil cases

Orders must be uploaded within 14 days of the Court's decision and 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.

CRITICAL

The privilege log and Bill of Particulars must be submitted on notice to opposing counsel within 14 days after the requesting party receives 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

All motion papers, including replies, must be received by 5:00 p.m. on the Thursday before the motion return date.

All motion papers including any reply must be received by the Court not later than 5:00pm on the Thursday prior to the Motion return date. Counsel should schedule to account for this altered time frame.

WARNINGCivil cases

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.

CRITICAL

Deadline

3 business days

Applies to

Cross motion

A cross motion filed fewer than three business days before the initial motion's return date will not be heard on that return date.

However, if a cross motion is filed fewer than three business days before the motion is returnable, the cross motion will not be heard on the return date for the initial motion.

CRITICALCriminal cases

Assistant District Attorneys must provide NYSIS before arraignment on an indictment, a bail motion, or an SCI plea.

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

CRITICALCriminal cases

All motion papers, including responding papers, must be delivered to chambers at least five days before the return date.

All motion papers (including responding papers) must be delivered to chambers at least 5 days prior to the return date.

CRITICALCriminal cases

Deadline

48 hours

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.

CRITICALCriminal cases

All moving and responding papers must be delivered to chambers at least five days before the return date.

All moving papers, responding papers, etc. must be delivered to chambers at least 5 days prior to the return date.

CRITICALCivil cases

Applications for discovery deadlines must be submitted to the Court’s confidential law clerk as soon as practicable and before the applicable deadline expires.

Applications for all discovery deadlines shall be made to the Court’s confidential law clerk as soon as practicable and prior to the expiration of such deadline

CRITICALCivil cases

The preliminary conference must occur within 45 days after the Court receives the filed RJI.

Preliminary conference will be held within forty-five (45) days of the Court’s receipt of filed RJI.

CRITICALCivil cases

Summary-judgment motions should be filed no later than 120 days after the note of issue is filed, 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.

CRITICAL

The Court must receive all papers at least three days before the return date.

The Court must be in receipt of all papers at least three (3) days prior to the return date.

CRITICALCivil cases

Summary judgment motions must be filed within 30 days after the note-of-issue date stated in the Trial Letter, unless another date is specified.

Summary judgment motions are to be filed within 30 days of the note of issue date set forth in the Trial Letter unless another date is specified.

CRITICALCivil cases

If the case does not settle, a Statement of Proposed Disposition is required one week before trial.

If the case does not settle, a Statement of Proposed Disposition, pursuant to 22 NYCRR 202.16(h), is required one week prior to trial.

CRITICALCivil cases

Discovery not completed by the discovery cutoff date in the Trial Letter is deemed waived, regardless of whether the note of issue is filed.

Any discovery not completed by the discovery cutoff date set forth in the Trial Letter is deemed waived, whether or not the note of issue is filed.

CRITICALCivil cases

All discovery must be completed by the court-set date for filing the note of issue.

All discovery must be completed by the date set by the court for filing of the note of issue.

CRITICALCivil cases

Motions in limine must be filed on eight days' notice and scheduled for argument on the Wednesday during the week before jury selection begins.

Motions in limine must be filed on 8 days notice, and must be scheduled for argument on the Wednesday of the week prior to the week of jury selection.

CRITICALCivil cases

Expert disclosure under CPLR 3101 is due 30 days before trial.

Expert disclosure pursuant to CPLR 3101 is required 30 days before trial.

CRITICALCivil cases

Expert disclosures must be made 30 days before trial.

Expert disclosure will be made thirty (30) days before trial.

CRITICALCivil cases

Dispositive motions must be made within 120 days after the Note of Issue is filed.

Dispositive Motions will be made within 120 days from the filing of the Note of Issue.

CRITICALCivil cases

Opposition papers must be uploaded one week before the return date, and replies must be submitted by noon on the Tuesday before argument.

Opposition papers are due to be uploaded one week before the return date, and replies are due by noon on Tuesday prior to the argument.

CRITICALCivil cases

Proposed jury verdict sheets and requests to charge must be submitted to chambers two weeks before jury selection.

Proposed Jury Verdict Sheets and Requests to Charge will be submitted to chambers two (2) weeks before jury selection.

CRITICAL

Unless the court directs otherwise, the prevailing party must submit orders within 30 days.

Unless otherwise directed by the Court, Orders are to be submitted within 30 days by the prevailing party.

CRITICAL

Deadlines may not be extended without a further court order.

Deadlines may not be extended without further order of the Court.

CRITICAL

The required transcript citations must be included before the court considers the post-trial 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).

CRITICAL

Deadline

48 hours

The final judgment roll submission ordinarily requires an in-person appearance with clients, but the appearance is avoided only if all checklist documents from both sides are provided to chambers 48 hours before the return date.

The submission date is an in-person appearance with clients. In order to avoid the appearance, you must provide all necessary documents listed on the Judgment Roll Checklist, from both sides, to chambers 48 hours prior to the return date.

CRITICAL

Stipulated exhibits must be submitted to NYSCEF at least one week before trial unless the court directs otherwise.

All stipulated exhibits must be made into a PDF, Bates stamped, if voluminous, and marked for identification (e.g., “Exh. 1”), and the notation “EVD”, and submitted to NYSCEF at least one week before the commencement of the trial, unless otherwise directed by the Court.

CRITICAL

Each party must submit requests for prior and after-trial jury charges and proposed verdict sheets no later than the day before the final pretrial conference.

The Court requires each party to submit Requests for Prior to and After Trial Jury Charges and Proposed Verdict Sheets to the Court no later than the day before the Final Pre-Trial Conference, which will be set by the trial judge.

CRITICAL

Counsel has 30 days after the court receives a fully executed agreement or written ratification to submit the final judgment roll.

Once a fully executed agreement or written ratification has been received by the Court, counsel will have 30 days to submit the final judgment roll.

CRITICALCivil cases

The prevailing party must submit the order within 30 days of the decision and state that it was sent to all opposing counsel or pro se litigants without objection.

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

Answering papers and cross-motions must be received when counsel is served and at least seven days before the return date unless the Court approves otherwise.

Answering papers and/or cross-motions must be received at the same time counsel is served pursuant to the applicable provisions of the CPLR, but no less than seven (7) days prior to the return date unless approved by the Court.

CRITICALCivil cases

Formal requests to charge and proposed verdict sheets must be submitted to the Law Clerk one week before jury selection in Microsoft Word format.

Formal requests to charge and proposed verdict sheets must be submitted one week prior to jury selection in Microsoft Word format to the Law Clerk.

CRITICALCivil cases

Marked pleadings and papers for motions in limine must be submitted at least two days before trial begins.

Marked pleadings and papers for motions in limine must be submitted at least two [2] days prior to start of trial.

CRITICALCivil cases

All motions must be scheduled to be returnable during the court's scheduled Special Term dates.

All Motions shall be made returnable during scheduled Special Term dates.

CRITICALCivil cases

If no objection to the order 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.

CRITICALCivil cases

Filing deadlines must comply with the CPLR unless the court specifically authorizes an alternative 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.

CRITICALCivil cases

Unless the trial order states otherwise, the listed jury-order materials must be submitted two weeks before jury selection or trial, with requests to charge and proposed verdict sheets in Microsoft Word.

Generally, the trial order will state that marked pleadings, requests to charge (in Microsoft Word), proposed verdict sheets (in Microsoft Word), motions in limine and a proposed paragraph statement of the case to be submitted with the jury order are required two (2) weeks prior to jury selection or trial.

CRITICALCivil cases

Applies to

Reply

Reply papers must be e-filed at least two days before the return date.

Reply papers must be e-filed by no later than two (2) days prior to the return date.

CRITICALCivil cases

Applies to

Motion

All motions in limine must be made returnable no later than one week before jury selection.

All motions in limine shall be made returnable no later than one (1) week prior to jury selection.

CRITICALCivil cases

All motion papers must be e-filed at least ten days before the return date.

All motion papers must be e-filed at least ten (10) days prior to the return date.

CRITICALCivil cases

Deadline

3 business days

Any oral-argument request must be submitted to the Court at least three business days before the return date.

Any such request must be made to the Court at least three (3) business days in advance of the return date.

CRITICALCivil cases

The Court will hold a preliminary conference within forty-five days after receiving a filed RJI.

Pursuant to 22 NYCRR 202.12 (b), a preliminary conference will be held within forty-five (45) days of the Court’s receipt of a filed RJI.

CRITICALCivil cases

Answering papers and cross-motions must be received at least three days before the return date.

Answering papers and/or cross-motions must be received no later than at least three (3) days prior to the return date.

CRITICALCivil cases

Applies to

Proposed order

Unless the Court reserves decision, the moving party must submit the order within twenty-one days.

Where the Court has not reserved decision, orders are to be submitted within twenty-one (21) days by the party who brought the motion.

CRITICAL

Opposition papers must be uploaded one week before the return date, and reply papers must be uploaded by noon on the Tuesday before the return date.

Opposition papers are due to be uploaded one week before the return date, and replies are due by noon on Tuesday before the return date.

CRITICAL

A dispositive motion must be filed within 90 days after the Note of Issue is filed.

Dispositive Motions shall be filed within 90 days from the filing of the Note of Issue.

CRITICAL

Marked pleadings and motions in limine must be submitted at least three days before jury selection or the start of a non-jury trial.

Marked pleadings and motions in limine must be submitted at least three (3) days prior to jury selection or the start of a non-jury trial.

CRITICAL

Responding submissions and cross-motions must be received when counsel is served and at least seven days before the return date unless the Court approves otherwise.

Responding submissions and/or cross-motions must be received at the same time counsel is served pursuant to the applicable provisions of the CPLR, but no less than seven (7) days prior to the return date unless approved by the Court.

CRITICAL

Formal requests to charge and proposed verdict sheets must be submitted to the Law Clerk one week before jury selection in Microsoft Word format.

Formal requests to charge and proposed verdict sheets must be submitted one (1) week prior to jury selection in Microsoft Word format to the Law Clerk.

CRITICAL

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.

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.

CRITICAL

The court will not sign an order unless opposing counsel has had at least seven days to review it.

Orders will not be signed unless opposing counsel has had an opportunity to review for at least seven (7) days.

CRITICAL

Deadline

3 business days

The order must be accompanied by confirmation that no objection was received within three business days after service.

no objection has been received within three (3) business days of service

CRITICAL

The prevailing party must file the order on NYSCEF within seven days for the Judge’s signature.

All orders must be filed on NYSCEF within seven (7) days by the prevailing party for signature by the Judge

CRITICAL

Expert disclosure is due thirty days before trial unless good cause is shown.

Expert disclosure shall be made thirty (30) days before trial, absent good cause shown.

CRITICAL

The party seeking disclosure has 14 days from receipt of the privilege log and Bill of Particulars to submit additional argument that the listed records are subject to disclosure.

The party seeking disclosure shall have fourteen (14) days from receipt of the privilege log and Bill of Particulars to submit any additional argument to the court that the records referenced in the privilege log are subject to disclosure.

CRITICAL

Deadline

24 hours

SCI and Order of Protection paperwork or information must be submitted to the Court Clerk at least 24 hours before the court appearance.

SCI and Order of Protection paperwork/information MUST be submitted to the Court Clerk twenty-four (24) hours prior to the Court appearance. Failure to do so may result in the matter being adjourned by the Court.

CRITICAL

The prevailing party must submit a proposed order through NYCEF within 10 days after 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

The party who brought the motion must submit the order within 30 days.

Orders are to be submitted within 30 days by the party who brought the motion.

CRITICALCivil cases

Expert disclosure must occur at least 30 days before trial begins unless the Court orders otherwise.

Expert disclosure is to be made at least 30 days prior to the commencement of trial, unless ordered otherwise by the court.

CRITICALCivil cases

All motion submissions, including replies, must be received by the Friday before the return date, and late papers may result in a court-imposed adjournment.

All submissions, including replies, must be received by the Court no later than the Friday prior to the return date. Motions may be adjourned by the Court if any papers are filed after the Friday prior to the return date.

CRITICALCivil cases

The listed trial submissions must be submitted two weeks before jury selection in Word format.

Requests to charge, proposed verdict sheets, witness lists, pre-marked exhibits and pleadings are to be submitted two weeks prior to jury selection (in Word format).

CRITICAL

Deadline

2 business days

Responding papers must be submitted at least two business days before the motion return date.

All responding papers must be submitted two business days prior to the return date.

CRITICALCivil cases

Unless good cause is shown, Defendant’s expert disclosure is due 30 days before jury selection.

The deadline for expert disclosure, absent good cause shown, is forty-five (45) days prior to the scheduled commencement date of jury selection (Plaintiff), and thirty (30) days prior to the scheduled commencement date of jury selection (Defendant).

CRITICALCivil cases

Motions in limine must be filed and served at least 30 days before jury selection begins.

Motions in limine shall be filed and served as to be heard thirty (30) days prior to the scheduled commencement date of jury selection.

CRITICALCivil cases

Unless good cause is shown, Plaintiff’s expert disclosure is due 45 days before jury selection and Defendant’s is due 30 days before jury selection.

Expert disclosure shall be staggered. The deadline for expert disclosure, absent good cause shown, is forty-five (45) days prior to the scheduled commencement date of jury selection (Plaintiff), and thirty (30) days prior to the scheduled commencement date of jury selection (Defendant).

CRITICALCivil cases

Deadline

7 business days

The prevailing party’s counsel must submit the order to Chambers and upload it to NYSCEF within seven business days of the decision.

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

CRITICALCivil cases

Requests to charge, marked pleadings, witness lists, and proposed verdict sheets must be submitted to Chambers two weeks before jury selection after consultation with opposing counsel.

Requests to charge, marked pleadings, witness lists, and proposed verdict sheets shall be submitted to Chambers after consultation with opposing counsel, so as to narrow issues and limit redundancy two (2) weeks prior to the scheduled commencement date of jury selection.

CRITICAL

Requests to Charge and proposed verdict sheets must be submitted one week before jury selection.

Requests to Charge and proposed Verdict Sheets required one (1) week prior to jury selection.

CRITICAL

Motions in limine, pleadings, the witness list, and expert disclosures must be filed one week before jury selection.

Motions in limine, pleadings, list of witnesses, and expert disclosure are required to be filed with the Court one (1) week prior to jury selection.

CRITICALCivil cases

Deadline

2 business days

Papers must be received at least two business days before the return date, and late submissions may be adjourned or disregarded at the Court's discretion.

All papers must be received by the Court at least two (2) business days before the return date. Late submissions may result in an adjournment at the Court’s discretion or refusal by the Court to consider the untimely submission.

CRITICALCivil cases

Summary-judgment motions must be timely under CPLR § 3212(a) unless the Court directs otherwise.

Summary judgment motions must be timely made pursuant to CPLR §3212(a), unless otherwise directed by the Court.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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:

CRITICALCivil cases

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):

CRITICALCivil cases

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.

CRITICALCivil cases

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.

WARNING

Deadline

3 business days

Applies to

Motion

Motion papers, except orders to show cause and temporary restraining orders, should be emailed to chambers at least three business days before the return date.

All papers regarding any motions (with the exception of orders to show cause and temporary restraining orders) should be e-mailed to chambers at least three business days prior to the return date.

WARNINGCriminal cases

Parties must follow the CPL schedules and procedures for demands, motions, and responding papers.

Please follow the time schedules and procedures set forth in the CPL for Demands, Motions, Responding Papers, Etc.

WARNINGCivil cases

Motions challenging the adequacy of expert disclosure should be filed within 10 days after receipt of the disclosure.

Any motions regarding the adequacy of expert disclosure should be made within ten (10) days of receipt of such disclosure.

WARNINGCivil cases

Judgments and findings of fact should be submitted on notice to opposing counsel within four weeks after prove-up or decision.

Judgments and findings of fact should be submitted on notice to opposing counsel within four (4) weeks of prove-up or decision.

WARNINGCivil cases

Marked pleadings, requests to charge, proposed verdict sheets and papers for motions in limine should be submitted one (1) week prior to beginning of trial.

Marked pleadings, requests to charge, proposed verdict sheets and papers for motions in limine should be submitted one (1) week prior to beginning of trial.

WARNINGCivil cases

Expert disclosure should be exchanged 30 days before trial unless good cause is shown.

Expert disclosure, without good cause shown, should be exchanged thirty (30) days before the commencement date of trial.

WARNINGCivil cases

Motions in limine should be set returnable before jury selection.

All motions in limine should be made returnable prior to jury selection.

WARNINGCivil cases

If no objections are received after ten days, the order will be signed without further delay.

If no objections are received after ten (10) days, the Order will be signed without further delay.

WARNINGCivil cases

The court will not sign an order unless opposing counsel has had at least seven days to review it.

Orders will not be signed unless opposing counsel has had an opportunity to review for at least seven (7) days.

WARNINGCivil cases

The Court will adjourn motions when the supporting papers are not timely filed.

Motions will be adjourned by the Court if papers are not timely filed.

WARNINGCivil cases

Oral argument is conducted in person unless the court schedules it otherwise or approves a request for a different arrangement.

Oral argument shall be conducted in person unless otherwise scheduled by the Court or upon request with Court approval.

WARNINGCivil cases

Motions are generally returnable upon submission unless the Notice of Motion requests oral argument.

Generally, Motions are returnable on submission unless a request for oral argument is included in the Notice of Motion.

WARNINGCivil cases

Orders to Show Cause are scheduled by the judge's law clerk after the judge's review and approval.

Orders to Show Cause will be scheduled by the Judge’s Law Clerk, upon review and approval of the Judge.

WARNINGCivil cases

A preliminary conference will occur within 45 days after the court receives a filed RJI.

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

WARNING

If no objections to the order are received after ten days, the court will sign the order without further delay.

If no objections are received after ten (10) days, the Order will be signed without further delay.

WARNING

Late motion submissions may be rejected as untimely or cause an adjournment.

Late submissions may result in an adjournment of the motion or rejection of them as untimely.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

Deadline

3 business days

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.

WARNING

Defaults will ordinarily be scheduled for determination upon submission unless circumstances require otherwise.

Defaults will be scheduled to be done on submission unless circumstances dictate otherwise.

WARNING

Motion dates generally fall on Tuesdays and Thursdays during the first and third weeks of each month, with other dates available by request or court direction.

Motion Dates are generally the first and third week of the month on Tuesdays and Thursdays. Other dates may be scheduled upon request or at the Court’s direction.

WARNING

It is important to the Court that matters are addressed promptly, and the prevailing party shall endeavor to submit an order within 14 days of any decision or directive by uploading to NYSCEF with verification that the order has been reviewed by opposing counsel (or self-represented litigants) and no objection has been received. Orders may not be signed without that verification

It is important to the Court that matters are addressed promptly, and the prevailing party shall endeavor to submit an order within 14 days of any decision or directive by uploading to NYSCEF with verification that the order has been reviewed by opposing counsel (or self-represented litigants) and no objection has been received. Orders may not be signed without that verification

INFO

A preliminary conference is automatically scheduled when an RJI requests one.

When an RJI is filed requesting a preliminary conference, it will be automatically scheduled by the court.