Court Rules

Court-wide rules

Applies court-wide

These 4 rules apply across New York Supreme Court, Erie County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 3
  • Applies to
    236B financial affidavit

    Both sides must exchange completed 236B Financial Affidavits before the first court conference.

  • Applies to
    Proposed dispositions

    Parties or their attorneys must exchange proposed dispositions after exchanging the required information.

  • Applies to
    Final judgment roll

    Within a few weeks after the specified stipulation or fully executed agreements, one attorney must submit the final judgment roll, including the final Findings and Judgment.

Service

All 1
  • A certified copy of the final judgment must be served on both parties.

Common questions about Judge Amy C. Martoche's rules

Does Judge Amy C. Martoche require a pre-motion conference or letter before filing a motion?

Judge Amy C. Martoche's rules set a pre-motion procedure for discovery. Discovery-dispute motions will not be scheduled until the underlying issues have been conferenced with Justice Martoche or Michael Pastrick.

View ruleSource: page 1, section CIVIL MATTERS

How may parties contact Judge Amy C. Martoche's chambers?

The rule addresses email communications with Judge Amy C. Martoche's chambers. The rule lists email amartoch@nycourts.gov, mpastric@nycourts.gov, and mkohlbac@nycourts.gov. Although submissions are reviewed through NYSCEF, courtesy PDF copies should also be emailed to Justice Martoche, Michael Pastrick, and Mary Kohlbacher.

View ruleSource: page 1, section CIVIL MATTERS

How do I request an adjournment or extension before Judge Amy C. Martoche?

Advance notice is not fully stated in the structured details. The request must include proposed new dates. Civil adjournments require court approval and, absent extraordinary circumstances, opposing counsel's consent; the requesting attorney must provide three available dates and times, preferably by email.

View ruleSource: page 2, section CIVIL MATTERS

Is electronic filing required before Judge Amy C. Martoche?

No. Electronic filing is prohibited for the covered filings. The court will not accept papers by fax.

View ruleSource: page 1, section CIVIL MATTERS

What filing deadlines apply to cross motion filings before Judge Amy C. Martoche?

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

View ruleSource: page 2, section CIVIL MATTERS
Complete rules summary for Judge Amy C. Martoche

Report-back conferences will be conducted by telephone using the primary telephone number furnished by counsel unless otherwise scheduled.

Although submissions are reviewed through NYSCEF, courtesy PDF copies should also be emailed to Justice Martoche, Michael Pastrick, and Mary Kohlbacher.

The court will not accept papers by fax.

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.

Discovery-dispute motions will not be scheduled until the underlying issues have been conferenced with Justice Martoche or Michael Pastrick.

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

Civil adjournments require court approval and, absent extraordinary circumstances, opposing counsel's consent; the requesting attorney must provide three available dates and times, preferably by email.

Absent extraordinary circumstances, a criminal-matter adjournment request must be written, provide notice to opposing counsel, and be submitted to the court no later than 72 hours before the scheduled appearance.

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