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.

View all New York Supreme Court, Erie County rules
Common questions about Judge Debra Givens's rules

Does Judge Debra Givens require a pre-motion conference or letter before filing a motion?

Judge Debra Givens's rules set a pre-motion procedure for covered motions. Motions are decided on submission, although the Court may grant oral argument upon request on a case-by-case basis.

View ruleSource: page 2, section CIVIL MATTERS

What must be included with nysis copy filings before Judge Debra Givens?

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

View ruleSource: page 1, section CRIMINAL MATTERS

What must be included with sci paperwork filings before Judge Debra Givens?

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

View ruleSource: page 1, section CRIMINAL MATTERS

How may parties contact Judge Debra Givens' chambers?

The rule addresses email communications with Judge Debra Givens' chambers. The rule lists email htucker@nycourts.gov. Foreclosure scheduling must be done by email to htucker@nycourts.gov, pkoenig@nycourts.gov, and sfagan@nycourts.gov.

View ruleSource: page 2, section FORECLOSURES

How do I request an adjournment or extension before Judge Debra Givens?

Requests should be made at least 72 hours in advance when this rule applies before Judge Debra Givens. The request must include proposed rescheduled date. Adjournment requests must be made in writing, with notice to opposing counsel, and submitted to the Court no later than 72 hours before the scheduled appearance.

View ruleSource: page 1, section SUPERIOR CRIMINAL COURTS ADJOURNMENT POLICY

Is electronic filing required before Judge Debra Givens?

Yes. Electronic filing is required for the covered filings. All papers and exhibits subject to electronic filing, including motions, proposed orders, and proposed judgments, must be electronically filed.

View ruleSource: page 2, section E-FILING

What filing deadlines does Judge Debra Givens set?

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

View ruleSource: page 1, section CRIMINAL MATTERS

What rule applies to service by mail before Judge Debra Givens?

The rule addresses service method, recipient, or timing requirements. Details: method: service by mail. All motion papers, including responding papers, must be served on counsel and the Court, and the Court must receive them at least three days before the return date.

View ruleSource: page 1, section CRIMINAL MATTERS
Complete rules summary for Judge Debra Givens

Foreclosure scheduling must be done by email to htucker@nycourts.gov, pkoenig@nycourts.gov, and sfagan@nycourts.gov.

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

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

All motion papers, including responding papers, must be served on counsel and the Court, and the Court must receive them at least three days before the return date.

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

Adjournment requests must be made in writing, with notice to opposing counsel, and submitted to the Court no later than 72 hours before the scheduled appearance.

An adjournment will not be granted until a new date within 10 days of the original appearance is secured with the Court.

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.

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

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

Motions are decided on submission, although the Court may grant oral argument upon request on a case-by-case basis.

Discovery motions may be subject to a conference with the Law Clerk before argument on the return date.

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

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

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

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

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

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

In an occupied-premises foreclosure, notice of motions must be mailed to the defendants even if they have not defaulted in answering the complaint.

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

Civil trial adjournments may be granted only with the Judge's permission.

Verdict sheets must be provided one week before jury selection.

An adjournment request must be submitted to the judge’s secretary, law clerk, or court clerk and obtained before the scheduled court date.

Counsel seeking an adjournment must provide written confirmation of the adjournment and rescheduled date to all parties and the court.

Adjournments generally require counsel’s consent, but emergencies are excepted.

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