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 Emilio Colaiacovo's rules

Are courtesy copies required for Judge Emilio Colaiacovo?

Courtesy-copy rule applies for motion papers. Details: delivery two weeks prior to oral argument. Counsel must provide chambers with a hard copy of all motion papers two weeks before oral argument.

View ruleSource: page 1, section Special Term

What page or word limits apply to affidavits or affirmations before Judge Emilio Colaiacovo?

Judge Emilio Colaiacovo's rule states these limits: 7000 words. Affidavits and affirmations are limited to 7,000 words unless the Court grants prior approval.

View ruleSource: page 1, section Special Term

What page or word limits apply to case summary before Judge Emilio Colaiacovo?

Judge Emilio Colaiacovo's rule states these limits: 1 pages. A case summary of no more than one page is required one week before the initial conference.

View ruleSource: page 2, section Commercial/Medical Malpractice Conferences

What formatting rules apply to filings before Judge Emilio Colaiacovo?

Judge Emilio Colaiacovo's formatting rule includes file format docx. Formal requests to charge and proposed verdict sheets must be submitted in Microsoft Word format.

View ruleSource: page 2, section Trials and Hearings: Commercial/Medical Malpractice

What must be included with proposed order filings before Judge Emilio Colaiacovo?

The rule identifies required filing content or certificates. The submitted order must indicate that it was sent to all opposing counsel or pro se litigants and that no objection was received.

View ruleSource: page 3, section Orders

How may parties contact Judge Emilio Colaiacovo's chambers?

The rule addresses email communications with Judge Emilio Colaiacovo's chambers. The Court will use email to schedule conferences and conduct other general correspondence as often as possible.

View ruleSource: page 1, section Special Term

How do I request an adjournment or extension before Judge Emilio Colaiacovo?

Advance notice is not fully stated in the structured details. Trial adjournments require compelling circumstances and may be granted only by the Judge or staff during a pretrial conference addressing the issue.

View ruleSource: page 2, section Trials and Hearings: Commercial/Medical Malpractice

What filing deadlines apply to answering papers and cross motions filings before Judge Emilio Colaiacovo?

Answering papers and cross-motions must be received when counsel is served and at least seven days before the return date unless the Court approves otherwise.

View ruleSource: page 1, section Special Term

What rule applies to service for reply papers before Judge Emilio Colaiacovo?

The rule addresses service method, recipient, or timing requirements. Details: timing: before hearing. Reply papers must be served at least four dates before the return date unless the Court approves otherwise.

View ruleSource: page 1, section Special Term
Complete rules summary for Judge Emilio Colaiacovo

Counsel must provide chambers with a hard copy of all motion papers two weeks before oral argument.

Answering papers and cross-motions must be received when counsel is served and at least seven days before the return date unless the Court approves otherwise.

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

Affidavits and affirmations are limited to 7,000 words unless the Court grants prior approval.

The Court will adjourn motions when the supporting papers are not timely filed.

Motion papers and submitted orders may not be double sided.

The Court will use email to schedule conferences and conduct other general correspondence as often as possible.

Counsel should provide the Court with an email address to facilitate communication.

A case summary of no more than one page is required one week before the initial conference.

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

Adjournments require party consent and Court approval and may be requested by contacting the Court Secretary or Law Clerk.

Trial adjournments require compelling circumstances and may be granted only by the Judge or staff during a pretrial conference addressing the issue.

Marked pleadings and papers for motions in limine must be submitted at least two days before trial begins.

Pleadings and papers filed for motions in limine must be marked.

Formal requests to charge and proposed verdict sheets must be submitted to the Law Clerk one week before jury selection in Microsoft Word format.

Formal requests to charge and proposed verdict sheets must be submitted in Microsoft Word format.

The prevailing party must submit the order within 30 days of the decision and state that it was sent to all opposing counsel or pro se litigants without objection.

The submitted order must indicate that it was sent to all opposing counsel or pro se litigants and that no objection was received.

When applicable, a transcript of the Court's decision must be attached to the proposed order.

The court will not sign an order unless opposing counsel has had at least seven days to review it.

If no objections are received after ten days, the order will be signed without further delay.

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

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