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 Donna M. Siwek's rules

Are courtesy copies required for Judge Donna M. Siwek?

Details: delivery as soon as practical after nyscef filing. Working copies of motion papers must be delivered to the Court as soon as practical after NYSCEF filing.

View ruleSource: page 2, section Motions

Does Judge Donna M. Siwek require a pre-motion conference or letter before filing a motion?

Judge Donna M. Siwek's rules set a pre-motion procedure for covered motions. Litigants must generally comply with Uniform Rules for Trial Courts Part 202 except where the court order states otherwise.

View ruleSource: page 1, section Motions

What formatting rules apply to filings before Judge Donna M. Siwek?

Judge Donna M. Siwek's formatting rule includes binding securely bound, exhibit tabs required., and double-sided copies are not permitted.. Working copies must be securely bound with exhibit tabs, and double-sided copies are prohibited.

View ruleSource: page 2, section Motions

What must be included with order to show cause filings before Judge Donna M. Siwek?

The rule identifies required filing content or certificates. Orders to show cause requesting temporary restraining orders must comply with Uniform Rule §202.7(f).

View ruleSource: page 2, section Motions

What must be included with summary judgment motion filings before Judge Donna M. Siwek?

The rule identifies required filing content or certificates. The Court neither requires nor accepts a Statement of Material Facts for motions for summary judgment.

View ruleSource: page 2, section Motions

How may parties contact Judge Donna M. Siwek's chambers?

The rule addresses email communications with Judge Donna M. Siwek's chambers. The rule lists email ametz@nycourts.gov. Correspondence to the Court must be sent to Ann Metz by email or mail and must not be filed on NYSCEF.

View ruleSource: page 1, section Correspondence

How do I request an adjournment or extension before Judge Donna M. Siwek?

Advance notice is not fully stated in the structured details. Trial adjournments are granted only in exceptional circumstances upon written request to the Court and not merely on counsel's consent.

View ruleSource: page 2, section Trials

Does Judge Donna M. Siwek require motion papers to be bundled?

Yes. Judge Donna M. Siwek requires bundling for covered papers. Working copies must be securely bound and tabbed with exhibit tabs.

View ruleSource: page 2, section Motions

Is electronic filing required before Judge Donna M. Siwek?

No. Electronic filing is prohibited for the covered filings. Correspondence to the Court must not be filed electronically through NYSCEF.

View ruleSource: page 1, section Correspondence

When is a filing treated as filed before Judge Donna M. Siwek?

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.

View ruleSource: page 2, section Motions
Complete rules summary for Judge Donna M. Siwek

Litigants must generally comply with Uniform Rules for Trial Courts Part 202 except where the court order states otherwise.

Correspondence to the Court must be sent to Ann Metz by email or mail and must not be filed on NYSCEF.

Correspondence to the Court must not be filed electronically through NYSCEF.

Conference adjournment requests must be submitted by email at least 48 hours in advance, copied to all counsel, and state that counsel were consulted and whether they consent.

Motion-related adjournment requests should be emailed to the court clerk, copied to chambers and the law clerk, and state that all counsel were consulted and whether they consent.

Trial adjournments are granted only in exceptional circumstances upon written request to the Court and not merely on counsel's consent.

Requests for oral argument are discretionary with the Court.

Working copies of motion papers must be delivered to the Court as soon as practical after NYSCEF filing.

Working copies must be securely bound and tabbed with exhibit tabs.

Working copies must be securely bound with exhibit tabs, and double-sided copies are prohibited.

Motion papers may not be submitted by fax or email.

Reply affidavits must be filed through NYSCEF, with working copies delivered to Chambers no later than noon two days before the return date.

Working copies of reply affidavits must be delivered to Chambers no later than noon two days before the return date.

Orders to show cause requesting temporary restraining orders must comply with Uniform Rule §202.7(f).

The Court neither requires nor accepts a Statement of Material Facts for motions for summary judgment.

Unless the Court orders otherwise, motions for summary judgment must be timely made under CPLR §3212(a).

Disclosure or discovery motions must include an affirmation of good-faith efforts, and counsel must have actually discussed the dispute; letters or emails alone are insufficient.

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.

An uploaded order must indicate that the proposed order was sent to all opposing counsel or pro se litigants.

A party seeking to limit disclosure must submit a CPLR §3122(b) privilege log within 14 days of receiving the records.

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