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 Diane Y. Devlin's rules

Does Judge Diane Y. Devlin require a pre-motion conference or letter before filing a motion?

Judge Diane Y. Devlin's rules set a pre-motion procedure for tro. A temporary restraining order in a case assigned to another Justice may be granted only with prior approval from the IAS Justice or the IAS Justice’s law clerk.

View ruleSource: page 1, section CIVIL

What must be included with proposed order filings before Judge Diane Y. Devlin?

The rule requires proposed order. Orders based on the court’s decision must be submitted to all counsel for approval before submission to the Court.

View ruleSource: page 2, section CIVIL

How do I request an adjournment or extension before Judge Diane Y. Devlin?

Advance notice is not fully stated in the structured details. Motions are generally not adjourned and may be adjourned only with consent from all parties and notice to the Court.

View ruleSource: page 1, section CIVIL

What filing deadlines does Judge Diane Y. Devlin set?

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

View ruleSource: page 1, section CIVIL

What rule applies to service by mail before Judge Diane Y. Devlin?

The rule addresses service method, recipient, or timing requirements. Details: method: service by mail, timing: before filing. 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.

View ruleSource: page 2, section CIVIL
Complete rules summary for Judge Diane Y. Devlin

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

Hard copies are not required unless the Court requests them.

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

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

A temporary restraining order in a case assigned to another Justice may be granted only with prior approval from the IAS Justice or the IAS Justice’s law clerk.

Motions are generally not adjourned and may be adjourned only with consent from all parties and notice to the Court.

Orders based on the court’s decision must be submitted to all counsel for approval before submission to the Court.

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.

Preliminary conferences may be adjourned only with consent of all counsel and only to a date within 45 days after the RJI is filed.

Adjournments of compliance conferences or pre-trials to a day certain are granted upon consent of all parties.

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

Expert disclosures must be made 30 days before trial.

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

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

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