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 DelMonte's rules

What page or word limits apply to preliminary conference statement before Judge John DelMonte?

Judge John DelMonte's rule states these limits: 1 pages. The preliminary conference statement is limited to one page.

View ruleSource: page 3, section CONFERENCES

What must be included with supporting papers filings before Judge John DelMonte?

The rule identifies required filing content or certificates. All supporting papers must be submitted as a notary-jurat sworn affidavit or a properly avowed affirmation complying with CPLR 2106.

View ruleSource: page 1, section MOTIONS

What must be included with preliminary conference statement filings before Judge John DelMonte?

The rule identifies required filing content or certificates. Each party must submit a brief summary and position statement of no more than one page before the preliminary conference.

View ruleSource: page 3, section CONFERENCES

How may parties contact Judge John DelMonte's chambers?

Motion requests must be coordinated with the court clerk.

View ruleSource: page 2, section MOTIONS

How do I request an adjournment or extension before Judge John DelMonte?

Advance notice is not fully stated in the structured details. Motions generally may not be adjourned; an adjournment requires the consent of all parties and notice to the court.

View ruleSource: page 2, section MOTIONS

Is electronic filing required before Judge John DelMonte?

Yes. Electronic filing is required for the covered filings. An order must be uploaded as a proposed order before the court can sign and file it.

View ruleSource: page 2, section MOTIONS

Are filing fees or waivers addressed before Judge John DelMonte?

The rule identifies fee waiver availability. A pro se applicant may request a waiver of all court filing fees, the filing fee for a Notice of Appeal, or another specified fee-related relief.

View ruleSource: page 7, section Application to Waive Court Fees and Costs

What filing deadlines does Judge John DelMonte set?

A dispositive motion must be filed within 90 days after the Note of Issue is filed.

View ruleSource: page 1, section MOTIONS

What rule applies to service for proposed order before Judge John DelMonte?

The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties. Orders based on the court's decision must be submitted to all counsel for approval before being submitted to the court.

View ruleSource: page 2, section MOTIONS
Complete rules summary for Judge John DelMonte

A request for oral argument by Microsoft Teams must be made in writing and state the reason for the request; office location alone is insufficient.

All supporting papers must be submitted as a notary-jurat sworn affidavit or a properly avowed affirmation complying with CPLR 2106.

A dispositive motion must be filed within 90 days after the Note of Issue is filed.

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

Motion requests must be coordinated with the court clerk.

Motions generally may not be adjourned; an adjournment requires the consent of all parties and notice to the court.

Orders based on the court's decision must be submitted to all counsel for approval before being submitted to the court.

When the 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 and be returnable at the original proposed order's date and time.

An order must be uploaded as a proposed order before the court can sign and file it.

Do not use a Microsoft Teams invitation to request an adjournment.

The requesting party must call LeNeesha Eve for available time slots and then confirm the adjourned date with the parties and LeNeesha Eve.

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

Each party must submit a brief summary and position statement of no more than one page before the preliminary conference.

The preliminary conference statement is limited to one page.

Both parties in a matrimonial action must file statements of net worth before the preliminary conference.

A request for pendente lite relief must be supported by tax statements or paycheck stubs.

An attorney or pro se litigant filing documents certifies that the papers contain no false material factual statement.

An applicant for poor person relief must use court form UCS-FW1S.

The applicant must provide two recent paycheck stubs, proof of government benefits, and all other income information before the court considers the application.

The Application to Waive Court Fees and Costs form supports a request to waive the filing fee.

Earning minimum wage alone does not guarantee that a fee-waiver application will be granted.

A pro se applicant may request a waiver of all court filing fees, the filing fee for a Notice of Appeal, or another specified fee-related relief.

When an initiating pleading has already been filed, the fee-waiver application and notice of motion must be served on the case parties and the appropriate government counsel.

File an Affirmation of Service (UCS-FW3) with the court.

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