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 J. David Sampson's rules

Are courtesy copies required for Judge J. David Sampson?

The rule limits courtesy-copy delivery rather than stating a blanket requirement before Judge J. David Sampson. A working copy of e-filed motion papers is not required.

View ruleSource: page 1, section MOTIONS

Does Judge J. David Sampson require a pre-motion conference or letter before filing a motion?

Judge J. David Sampson's rules set a pre-motion procedure for discovery. Counsel must meet and confer in good faith on every discovery motion and attempt to resolve discovery disputes before motion practice.

View ruleSource: page 1, section MOTIONS

What page or word limits apply to case summary before Judge J. David Sampson?

Judge J. David Sampson's rule states these limits: 1 pages. The required case summary may not exceed one page.

View ruleSource: page 3, section COMMERCIAL DIVISION ACTIONS

What must be included with discovery motion filings before Judge J. David Sampson?

The rule identifies required filing content or certificates. Every discovery motion must include an affidavit of good faith.

View ruleSource: page 1, section MOTIONS

What must be included with tro filings before Judge J. David Sampson?

The rule identifies required filing content or certificates. A TRO request assigned to another judge will be considered only after approval by the IAS judge or that judge's law clerk.

View ruleSource: page 2, section MOTIONS

How may parties contact Judge J. David Sampson's chambers?

The rule addresses email communications with Judge J. David Sampson's clerk. The rule lists email lrivera@nycourts.gov. Correspondence may be emailed to Secretary Lisa Rivera or mailed as a hard copy to the Court.

View ruleSource: page 1, section CORRESPONDENCE

How do I request an adjournment or extension before Judge J. David Sampson?

Advance notice is not fully stated in the structured details. Motion adjournments are generally barred and require the consent of all parties and the Court.

View ruleSource: page 2, section MOTIONS

Is electronic filing required before Judge J. David Sampson?

No. Electronic filing is prohibited for the covered filings. Correspondence must not be filed on NYSCEF because the Court will not consider it.

View ruleSource: page 1, section CORRESPONDENCE

What filing deadlines apply to motion filings before Judge J. David Sampson?

All motion papers must be e-filed at least ten days before the return date.

View ruleSource: page 1, section MOTIONS

What rule applies to service for proposed order before Judge J. David Sampson?

Proof of service is required for the covered service rule. Details: recipient: the opposing party. The Court will not sign an order without proof that it was submitted to opposing counsel or a pro se party for review and without a reasonable review period.

View ruleSource: page 2, section ORDERS
Complete rules summary for Judge J. David Sampson

Correspondence must not be filed on NYSCEF because the Court will not consider it.

Correspondence may be emailed to Secretary Lisa Rivera or mailed as a hard copy to the Court.

Motions, cross-motions, opposing papers, and replies must be electronically filed on NYSCEF.

Motion papers may not be filed by fax.

All motion papers must be e-filed at least ten days before the return date.

Answering papers and cross-motions must be received at least three days before the return date.

Reply papers must be e-filed at least two days before the return date.

A working copy of e-filed motion papers is not required.

All motions will ordinarily be decided on the submitted papers.

A party may request oral argument before the return date, but the Court will decide each request case by case.

Counsel may elect to submit a motion for decision on the papers rather than request oral argument.

If all parties agree, counsel may request in-person or Microsoft Teams oral argument.

Any oral-argument request must be submitted to the Court at least three business days before the return date.

Counsel must meet and confer in good faith on every discovery motion and attempt to resolve discovery disputes before motion practice.

A discovery motion may be subject to a conference with Jennifer Noah before oral argument on the return date.

Every discovery motion must include an affidavit of good faith.

A TRO request assigned to another judge will be considered only after approval by the IAS judge or that judge's law clerk.

Motion adjournments are generally barred and require the consent of all parties and the Court.

Counsel must seek a motion adjournment no later than the day before the return date.

Return-date adjournments are prohibited unless extraordinary circumstances exist and the Court consents.

Unless the Court reserves decision, the moving party must submit the order within twenty-one days.

Except for Orders to Show Cause, all attorneys and parties must approve an order before submission to the Court for signature, and the Court must be notified of that approval.

The Court will not sign an order without proof that it was submitted to opposing counsel or a pro se party for review and without a reasonable review period.

The Court will hold a preliminary conference within forty-five days after receiving a filed RJI.

Conference-date notices will be sent only by email.

Conference adjournments require the prior consent of all parties and the Court's consent.

Counsel must bring calendars to every conference so dates for the scheduling order and trial availability can be determined.

Trial counsel must attend the final pretrial conference.

The Court will strictly adhere to its trial schedule, and trial adjournments will be granted only in exceptional circumstances.

Unless the trial order states otherwise, the listed jury-order materials must be submitted two weeks before jury selection or trial, with requests to charge and proposed verdict sheets in Microsoft Word.

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