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 John B. Licata's rules

Does Judge John B. Licata require a pre-motion conference or letter before filing a motion?

The rule does not state that a pre-motion letter is required, but it sets the applicable pre-motion procedure. A discovery motion seeking disclosure must include an affidavit or affirmation of a good-faith attempt to resolve the dispute, and the moving party must call chambers and schedule a Teams or phone conference before filing.

View ruleSource: page 3, section Discovery

What formatting rules apply to filings before Judge John B. Licata?

Judge John B. Licata's formatting rule includes file format docx. The proposed order must be submitted in Microsoft Word format by email within ten days after oral argument.

View ruleSource: page 2, section MOTIONS

What must be included with motion filings before Judge John B. Licata?

The rule requires proposed order. Within ten days after oral argument, movant’s counsel must submit a proposed order in Microsoft Word format by email to opposing counsel and Todd Bushway, Esq.

View ruleSource: page 2, section MOTIONS

What must be included with exhibits filings before Judge John B. Licata?

The rule identifies required filing content or certificates. Each exhibit must have a separate cover sheet marked with its exhibit designation and must include a brief description beyond merely stating Exhibit A or Exhibit B.

View ruleSource: page 2, section ELECTRONIC SUBMISSIONS — III. Filing of Papers — H. Exhibits

How may parties contact Judge John B. Licata's chambers?

The rule addresses phone communications with Judge John B. Licata's chambers. Counsel are encouraged, but not required, to call chambers before an applicable deadline to discuss the situation.

View ruleSource: page 1, section Rule #1 Be Prepared through Rule #4 Repeat as Needed

How do I request an adjournment or extension before Judge John B. Licata?

Advance notice is not fully stated in the structured details. The request must include reason for request, proposed new dates, and proposed rescheduled date. Adjournment requests are typically granted unless they create a scheduling problem involving a hearing date, jury selection, or trial; parties should confer to select mutually acceptable dates, and non-consent requests may be promptly handled through chambers.

View ruleSource: page 1, section SCHEDULING AND ADJOURNMENTS

Is electronic filing required before Judge John B. Licata?

Yes. Electronic filing is required for the covered filings. Each NYSCEF exhibit must be uploaded as a separate PDF, designated as an Exhibit with a number or letter and brief description, and have a separate cover sheet marked Exhibit A, Exhibit B, and so forth.

View ruleSource: page 2, section ELECTRONIC SUBMISSIONS — III. Filing of Papers — H. Exhibits

What rule applies to serving the court before Judge John B. Licata?

The rule addresses service method, recipient, or timing requirements. Details: recipient: the court. Reply papers must be served upon the court by 5 p.m. on the Monday preceding the motion’s return date.

View ruleSource: page 1, section MOTIONS
Complete rules summary for Judge John B. Licata

Counsel are encouraged, but not required, to call chambers before an applicable deadline to discuss the situation.

Adjournment requests are typically granted unless they create a scheduling problem involving a hearing date, jury selection, or trial; parties should confer to select mutually acceptable dates, and non-consent requests may be promptly handled through chambers.

Reply papers must be served upon the court by 5 p.m. on the Monday preceding the motion’s return date.

A notice withdrawing a motion must be emailed to Shannon Burke and Mary Pazik.

Within ten days after oral argument, movant’s counsel must submit a proposed order in Microsoft Word format by email to opposing counsel and Todd Bushway, Esq.

The proposed order must be submitted in Microsoft Word format by email within ten days after oral argument.

Each NYSCEF exhibit must be uploaded as a separate PDF, designated as an Exhibit with a number or letter and brief description, and have a separate cover sheet marked Exhibit A, Exhibit B, and so forth.

Each exhibit must have a separate cover sheet marked with its exhibit designation and must include a brief description beyond merely stating Exhibit A or Exhibit B.

Letters to the court may not be uploaded to NYSCEF without prior court approval and instead should be emailed to Ms. Burke or Ms. Pazik.

Counsel for all parties must consult before a preliminary or compliance conference.

A discovery motion seeking disclosure must include an affidavit or affirmation of a good-faith attempt to resolve the dispute, and the moving party must call chambers and schedule a Teams or phone conference before filing.

A discovery motion must be supported by an affidavit or affirmation documenting a good-faith attempt to resolve the dispute.

A discovery motion filed before a Teams or phone conference is scheduled will be denied upon submission without oral argument.

A discovery application lacking an affidavit or affirmation of good-faith effort will likely be rejected.

Counsel must first have a verbal discussion about discovery issues and then attend a conference with the court to resolve the dispute.

A Note of Issue must be filed before the court will schedule a trial, issue a Trial Scheduling Order, or provide a trial date.

A settlement within available insurance coverage for a case exceeding the policy limits should be accompanied by three affidavits addressing the insured parties' coverage knowledge, counsel's coverage investigation, and the insurer's lack of knowledge of other applicable coverage.

Applications for an order should include available police or medical reports and the Protective Registry Information Sheet.

An attorney seeking withdrawal that would leave the litigant self-represented must file a motion by order to show cause on notice.

When a litigant is merely switching attorneys, a stipulation consenting to the change is required and a motion need not be filed.

An order of referral must be submitted on the Eighth Judicial District’s form and sent to the MPV ADR Program at 8jdadr@nycourts.gov.

Before the referring judge signs an order of referral, each attorney on the case must fully complete and provide an attorney affirmation.

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