New York Supreme Court, Erie County Service and Proof of Service Rules

CRITICALCivil cases

Applies to

TRO

Temporary restraining orders must be issued on notice to the opposing party or opposing counsel.

TROs must be on notice to the opposing party or opposing counsel.

CRITICAL

Requests for temporary relief must provide notice to opposing counsel if known unless the court directs otherwise.

Unless the court directs otherwise, All requests for temporary relief must be upon notice to the opposing counsel, if known.

CRITICAL

Service

Mail

Where the premises are occupied, notice of any motions should be mailed to the defendant(s), regardless of whether they are in default in answering the complaint.

Where the premises are occupied, notice of any motions should be mailed to the defendant(s), regardless of whether they are in default in answering the complaint.

CRITICAL

All mo on papers (including responding papers) should be properly served upon counsel and the Court. Refer to me schedules and procedures set forth in the CPL. The Court must be in receipt of all papers at least three (3) days prior to the return date.

All mo on papers (including responding papers) should be properly served upon counsel and the Court. Refer to me schedules and procedures set forth in the CPL. The Court must be in receipt of all papers at least three (3) days prior to the return date.

CRITICALCivil cases

Applies to

Motion

Service

Mail to opposing party

When the premises are occupied, notice of motions should be mailed to the defendants even if they have not answered the complaint and are in default.

Where the premises are occupied, notice of any motions should be mailed to the defendant(s), regardless of whether they are in default in answering the complaint.

CRITICALCivil cases

Applies to

Default application

Service

Mail to opposing party

Default applications must include an affidavit showing mailed service on the defendant, including the return date, and the Court Notice explaining virtual appearance.

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

Service

Mail

If parties cannot agree on a proposed order, the proposed order and notice of settlement must be served with ten days' notice by mail or five days' notice by personal service, returnable at the original proposed order's date and time.

If the parties are unable to agree to a proposed Order, the proposed Order and notice of settlement will be served in accordance with Uniform Rule Section 202.48 which provides for ten (10) days mailed notice or five (5) days notice if by personal service and made returnable on the same date and time as the original proposed Order.

CRITICALCivil cases

Applies to

Settlement proposal

Each party must provide a written settlement proposal to the other party at least two weeks before the initial appearance.

Each party must submit a settlement proposal to the other party in writing no less than two weeks before the initial appearance.

CRITICALCivil cases

Applies to

Reply papers

Reply papers must be served at least four dates before the return date unless the Court approves otherwise.

Reply papers must be served no less than four (4) dates prior to the return date unless approved by the Court.

CRITICALCivil cases

A temporary restraining order must be served or otherwise placed on notice to opposing counsel when that counsel is known.

TROs must be on notice to opposing counsel if known.

CRITICALCivil cases

Applies to

Expert witness disclosure

Unless the trial order provides otherwise, plaintiff expert disclosures must be served at least sixty days before trial and defendant expert disclosures at least thirty days before trial.

Unless the trial order states otherwise, Plaintiff expert witness disclosures are to be served no later than sixty (60) days prior to trial and defendant expert witness disclosures are to be served no later than thirty (30) days prior to the trial.

CRITICALCivil cases

Applies to

Proposed order

The Court will not sign an order without proof that it was submitted to opposing counsel or a pro se party for review and without a reasonable review period.

Orders will not be signed without proof of submission to opposing counsel or pro se party to review and a reasonable time period for review.

CRITICALCivil cases

Service

Email

A notice withdrawing a motion must be emailed to Shannon Burke and Mary Pazik.

Notice of withdrawal of a motion is to be sent by email to Shannon Burke AND Mary Pazik.

CRITICALCivil cases

Reply papers must be served upon the court by 5 p.m. on the Monday preceding the motion’s return date.

except for reply papers which are to be served upon the court by 5 p.m. on the Monday preceding the return date of the ===== PAGE 2 ===== motion.

CRITICAL

Applies to

Proposed order

Orders based on the court's decision must be submitted to all counsel for approval before being submitted to the court.

Orders based upon a decision of this court shall be submitted to all counsel for approval prior to submission to the court.

CRITICAL

Applies to

Proposed order

Service

Mail

When the parties cannot agree on a proposed order, the proposed order and notice of settlement must be served with ten days' notice by mail or five days' notice by personal service and be returnable at the original proposed order's date and time.

If the parties are unable to agree to a proposed order, the proposed order and notice of settlement shall be served in accordance with Uniform Rule §202.48 which provides for ten days mailed notice or five days notice if by personal service and made returnable on the same date and time as the original proposed Order.

CRITICAL

When an initiating pleading has already been filed, the fee-waiver application and notice of motion must be served on the case parties and the appropriate government counsel.

If yes, you must: - Serve this Application to Waive Court Fees and Costs (UCS-FW1) with Notice of Motion (UCS-FW2) on the: o Other parties in the case o Corporation Counsel (if filed in NYC) o County Attorney (if filed outside of NYC)

CRITICAL

Applies to

Reply brief

Reply papers must be served at least four dates before the return date unless the Court approves otherwise.

Reply papers must be served no less than four (4) dates prior to the return date unless approved by the Court.

CRITICAL

The order filed for signature must include verification of service on all opposing counsel or pro se litigants.

together with verification that the order has been served upon all opposing counsel (or pro se litigants)

CRITICAL

Moving, opposing, and reply papers must be served in compliance with CPLR § 2214 unless the Court specifically authorizes otherwise.

Counsel must comply with CPLR § 2214 when serving moving, opposing, and reply papers unless otherwise and specifically authorized by the Court.

CRITICAL

A TRO request must be provided on notice to opposing counsel and pro se litigants.

TROs must be on notice to the opposing counsel and pro se litigants

CRITICAL

Applies to

TRO

A temporary restraining order must be noticed to opposing counsel if known or to any involved government entity.

TROs: will be handled on a case-by-case basis. TROs must be on notice to Defendant/Respondent’s counsel (if known) or to any government entity involved.

CRITICALCivil cases

Applies to

Motion for default judgment

When a default is entered without a prior appearance by the defaulting party, serve the default judgment motion through the same method used for the summons and complaint and include an affidavit of service.

To the extent a default is taken in the absence of any prior appearance by the defaulting party, please serve a copy of the motion for default judgment upon that party through the same means by which service of the summons and complaint was effectuated and include an affidavit of service in your motion papers.

CRITICALCivil cases

Applies to

Debt collection notice

Service

Mail to opposing party

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.

CRITICALCivil cases

Applies to

Temporary restraining order

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.

CRITICAL

Applies to

Default application

A default application must include an affidavit of service showing that the papers and return date were served on the defendant.

Include an affidavit of service demonstrating that a copy of the papers including the return date, was served upon the defendant.

WARNINGCivil cases

Counsel seeking an adjournment must confirm it and the rescheduled dates in writing to all parties and the Court.

Confirmation of any adjournment together with its rescheduled dates must be made in writing to all parties and to the Court by counsel seeking the adjournment.

WARNINGCivil cases

Temporary restraining orders, when possible, require notice to the opposing attorney.

Temporary Restraining Orders, where possible, will require notice to the opposing attorney.

WARNINGCivil cases

Motions in limine must be served for argument before trial begins on the special term before proof, or as otherwise scheduled by the Court.

Motions in limine will be served to be argued before the start of trial on the special term before proof or as otherwise scheduled by the Court.

WARNINGCivil cases

Applies to

Debt collection notice

Service

Mail to opposing party

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.

WARNING

Applies to

Court notice

Service

Mail to all parties

The moving party will be directed to mail the Court's notice to non-answering parties as a reminder of the scheduled default date.

The Court will upload a separate Court Notice which the moving party will be directed to mail to the non-answering parties reminding them of the scheduled date.