New York Supreme Court, Erie County Pre-Motion Conference Requirements

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

A TRO request in a case assigned to another judge will be considered only after prior approval by the assigned judge or the judge’s law clerk.

Requests for TROs on cases assigned to another Judge will be considered only upon prior approval of the assigned Judge or his/her Law Clerk.

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

A temporary restraining order in a case assigned to another Justice may be granted only with prior approval from the IAS Justice or the IAS Justice’s law clerk.

TRO’s on cases assigned to another Justice will only be grated upon the prior approval of the IAS Justice or his/her Law Clerk.

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

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

Except as set forth herein, adherence to the Uniform Rules for Trial Courts Part 202 is expected.

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

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

Except as ordered by the Court, Motions for Summary Judgment must be timely made pursuant to CPLR §3212(a).

Checked against the court's document on Oct 5, 2026CRITICAL

An order to show cause or TRO in a case assigned to another judge requires prior written approval from the IAS judge or the IAS judge's law clerk before signature.

Orders to Show Cause/TROs on a case assigned to another judge will be signed only upon prior written approval of IAS judge or his/her law clerk.

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

A temporary restraining order will be granted only if assets are in jeopardy or the opposing party consents.

Temporary Restraining Orders will only be granted where assets are in jeopardy or by consent.

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

A temporary restraining order for another justice will be signed only with that justice's or law clerk's approval.

TROs for other Justices will be signed only with the approval of that Justice or Justice’s Law Clerk.

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

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

Pursuant to 22 NYCRR 202.20-f (b), counsel shall meet and confer with one another on all discovery motions in a good faith effort to resolve discovery disputes before motion practice.

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

An Order to Show Cause is available only for genuine urgency, a required stay, or a statutory mandate; otherwise, relief must be sought by a Notice of Motion under CPLR § 2214.

Orders to Show Cause: Motions shall be brought on by Order to Show Cause only when there is a genuine urgency, a stay is required, or a statute mandates so proceeding (NY Ct R § 202.8-d). The Court will not sign an Order to Show Cause that does not meet these requirements and will instead direct the parties to seek relief by way of a Notice of Motion pursuant to CPLR § 2214.

Checked against the court's document on Oct 5, 2026CRITICAL

Sur-reply papers and merit-addressing correspondence are prohibited without advance express permission from the Court and will not be considered.

Pursuant to 22 NYCRR § 202.8-c, absent express permission from the Court in advance, sur-reply papers, including correspondence, addressing the merits of a motion are not permitted and will not be considered.

Checked against the court's document on Oct 5, 2026CRITICAL

Before filing a discovery motion, moving counsel must confirm a good-faith conference with opposing counsel and document at least two written good-faith efforts to resolve the dispute.

Pursuant to 22 NYCRR 202.7, counsel for the moving party must affirm they have conferred with counsel for the opposing party in a good faith effort to resolve the issues raised in the motion. Additionally, the moving party seeking discovery must document at least two (2) written good faith efforts made with opposing counsel prior to the filing of such motions.

Checked and corrected to match the court's document on Oct 5, 2026CRITICAL

Civil cases

An in-person preliminary conference must be scheduled within 45 days of receipt of the RJI, with pleadings and an emailed case summary submitted before the conference.

Preliminary conferences will be scheduled in person within 45 days of the Court’s receipt of a filed RJI, as required by 22 NYCRR §202.12(b). The first preliminary conference will be scheduled with Judge Keane or Law Clerk. Pleadings and a brief summary of the case in letter form are required in advance of the initial conference. The brief summary must be emailed to hpark@nycourts.gov one week prior to the conference.

Checked against the court's document on Oct 5, 2026CRITICAL

Counsel must schedule an attorney discovery conference with the law clerk via Teams before filing a discovery motion.

Before filing a Discovery Motion, counsel must schedule an attorney Discovery conference with the law clerk via Teams.

Checked against the court's document on Oct 5, 2026CRITICAL

Discovery motions are a last resort and must include an affidavit or affirmation demonstrating a good-faith attempt at resolution.

Motions concerning Discovery are a last resort, and must be accompanied by an affidavit or affirmation of good faith attempt at resolution(See 22 NYCRR 202.7).

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

An Order to Show Cause will be granted only for genuine urgency, when a stay is required, or when required by statute.

Pursuant to 22 NYCRR 202.8-d, Orders to Show Cause will only be granted when there is a genuine urgency, a stay is required or an Order to Show Cause is required by statute.

Checked against the court's document on Oct 5, 2026CRITICAL

Civil cases

The preliminary conference must occur within 45 days after the Court receives a filed RJI and will be held with the Judge or Law Clerk.

Preliminary Conference will be held within forty-five (45) days of the Court’s receipt of a filed RJI. All conferences will be held with the Judge or Law Clerk.

Checked against the court's document on Oct 5, 2026CRITICAL

Before filing a discovery motion, counsel should schedule a law-clerk conference by emailing the listed recipients and opposing counsel, describing the dispute and prior resolution efforts; the non-requesting parties may respond by email with additional issues.

A conference with the Court’s law clerk should be scheduled prior to filing any discovery motion. Request a conference by emailing Reina Termini and Bridget O’Connell and copy opposing counsel. Provide in that email a brief description of the dispute and the attempts made to resolve the matter through consultation amongst counsel. The non-requesting party or parties may provide a brief email response identifying any additional issues.

Checked and corrected to match the court's document on Oct 5, 2026WARNING

Civil cases

Counsel must contact the court’s confidential law clerk before filing an Order to Show Cause.

Prior to filing an Order to Show Cause, counsel is to contact the Court's Confidential Law Clerk.

Checked against the court's document on Oct 5, 2026WARNING

Criminal bail motions are heard daily after notice to the court and opposing counsel.

Criminal : Bail Motions are heard daily upon notice to the Court and opposing counsel.

Checked and corrected to match the court's document on Oct 5, 2026WARNING

Civil motions are heard daily after notice to the court and opposing counsel.

Civil: Motions are heard daily upon notice to Court and opposing counsel.

Checked and corrected to match the court's document on Oct 5, 2026WARNING

Civil cases

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

Note that 22 NYCRR § 202.11 requires that “Counsel for all parties shall consult prior to a preliminary or compliance conference. . .”

Checked and corrected to match the court's document on Oct 5, 2026WARNING

Civil cases

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

This requires that counsel engage in good faith efforts to resolve discovery disputes, which means a verbal conversation about the issues, then a conference with the court.

Checked and corrected to match the court's document on Oct 5, 2026WARNING

A preliminary conference must occur within 45 days after the Court receives a filed RJI, with the Judge or Law Clerk, virtually through Microsoft Teams unless the Court directs otherwise.

A preliminary conference will be held within forty-five (45) days after the Court receives a filed RJI. All conferences will be held with either the Judge or the Law Clerk and will be held virtually via Microsoft Teams unless otherwise directed by the Court.

Checked against the court's document on Oct 5, 2026WARNING

Civil cases

The Court may require a conference with the law clerk before oral argument on a discovery motion.

Discovery motions may be subject to a conference with the Law Clerk prior to argument on the return date.

Checked and corrected to match the court's document on Oct 5, 2026WARNING

Civil cases

Motions in limine will be scheduled one week before jury selection.

Motions in Limine will be scheduled one (1) week before jury selection.

Checked against the court's document on Oct 5, 2026WARNING

Counsel is expected to consult directly about discovery disputes, and a good-faith letter alone is insufficient.

Counsel is expected to consult concerning discovery disputes (see 22 NYCRR 202.2(b)). A good faith letter is not considered sufficient, and counsel should make every effort to speak directly concerning the matters in dispute.

Checked against the court's document on Oct 5, 2026INFO

Civil cases

A preliminary conference must be held within 45 days after the court receives a filed RJI, and the conference will be held in person.

A preliminary conference will be held within 45 (forty-five) days of the Court’s receipt of a filed RJI. Preliminary conferences will be held in person.

Checked and corrected to match the court's document on Oct 5, 2026INFO

Motions are decided on submission, although the Court may grant oral argument upon request on a case-by-case basis.

all mo ons will be decided on submission. Oral argument may be granted, if requested, on a case-by-case basis as determined by the Court.

Checked against the court's document on Oct 5, 2026INFO

Civil cases

Requests for oral argument are discretionary with the Court.

Requests for oral argument are granted in the discretion of the Court.

Not confirmed. Read the court's wording below.CRITICAL?

Motions with respect to discovery disputes will not be scheduled until the issues giving rise to the discovery disputes have been conferenced with Justice Martoche or Mr. Pastrick.

Summary: Discovery-dispute motions will not be scheduled until the underlying issues have been conferenced with Justice Martoche or Michael Pastrick.

Not confirmed. Read the court's wording below.CRITICAL?

Temporary injunctive relief requests must comply with 22NYCRR 202.8(e) and will not be granted in the absence of prior notice to the opposing counsel and pro se parties, as required by 22 NYCRR § 202.7(f), unless the moving party can demonstrate significant prejudice. Live MS Teams or in-person testimony of the moving party may be required where an order to show cause requests temporary injunctive relief.

Summary: Temporary injunctive relief requires compliance with the cited rules and prior notice to opposing counsel and pro se parties, absent a significant-prejudice showing; testimony may also be required for an order to show cause.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

If the disclosure dispute cannot be resolved, prior to bringing a motion, counsel shall contact the Court to schedule a conference to discuss the dispute with the Law Clerk.

Summary: If a disclosure dispute remains unresolved, counsel must contact the court before filing a motion to schedule a conference with the law clerk.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Motions respecting discovery disputes must be supported by an affidavit or affirmation of a good faith attempt at resolution (see 22 NYCRR § 202.7 [a]-[c]) before filing a disclosure motion, the party seeking disclosure shall call chambers and schedule a Teams or phone conference.

Summary: 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.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Discovery motions filed before scheduling a Teams or phone conference will result in the motion paper being denied upon submission without oral argument.

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

Not confirmed. Read the court's wording below.CRITICAL?

Temporary restraining orders (TROs) are granted only on a case-by-case basis. TROs must be on notice to the opposing counsel and pro se litigants and must comply with 22 NYCRR § 202.8(e) and Uniform Rule § 202.7(f).

Summary: TROs are granted case by case, must be on notice to opposing counsel or pro se litigants, and must comply with the cited rules.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Discovery motions: Shall be subject to a conference with the Law Clerk prior to filing the motion. In such case, counsel shall first email the Law Clerk, copying opposing counsel, and briefly set forth the discovery related dispute. Opposing counsel shall have a reasonable opportunity to email a brief response, after which the Law clerk will determine whether a conference, or motion practice is required.

Summary: Discovery motions require prior consultation with the law clerk, including an initial email copying opposing counsel and describing the dispute, before the law clerk determines whether a conference or motion practice is required.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Pursuant to 22 NYCRR 202.12(b), the preliminary conference must be held within forty-five (45) days of the filing of a request for judicial intervention. Attendance by counsel and the parties/clients is mandatory, and an in-person appearance.

Summary: A matrimonial preliminary conference must be held within 45 days after filing a request for judicial intervention, with mandatory in-person attendance by counsel and the parties or clients.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Orders to Show Cause, Motions, and/or stipulated agreements for Pendente Lite Relief will be heard and considered during the Preliminary Conference.

Summary: Orders to show cause, motions, and stipulated agreements for pendente lite relief will be heard and considered at the preliminary conference.

Not confirmed. Read the court's wording below.CRITICAL?

Actions premised upon a revenue purchase/future receivables or similar agreement shall be scheduled for a conference prior to the filing of any motion. Contact Reina Termini to schedule a conference. Conferences will be held virtually on the morning of the third Wednesday of the month. Motions will be scheduled to occur on a motion date after this conference.

Summary: Revenue purchase, future receivables, and similar agreement matters require a conference before any motion is filed, with the conference held virtually on the morning of the third Wednesday of the month and the motion scheduled afterward.

Not confirmed. Read the court's wording below.WARNING?

All other motions are heard on the scheduled return date of that matter.

Summary: Criminal motions other than bail motions are heard on the matter's scheduled return date.

Not confirmed. Read the court's wording below.WARNING?

Motions will be heard on the scheduled return date of that matter unless an earlier date is required.

Summary: A civil motion ordinarily is heard on the matter's scheduled return date unless an earlier hearing date is required.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Pursuant to 22 NYCRR 202.8-f, all motions will be decided on submission.

Summary: All motions will ordinarily be decided on the submitted papers.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Oral argument may be requested in advance of the return date and will be determined by the Court on a case-by-case.

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

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Upon agreement by all parties, appearance for oral argument in person or via Microsoft Teams may also be requested.

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

Not confirmed. Read the court's wording below.INFO?

Criminal cases

Pre-trial conferences on indicted cases will be scheduled upon assignment of an indictment to the Part.

Summary: A pretrial conference will be scheduled after an indictment is assigned to the Part.

Not confirmed. Read the court's wording below.INFO?

Civil cases

Alternatively, counsel may submit on papers.

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

Not confirmed. Read the court's wording below.INFO?

Civil cases

Discovery motions may be subject to a conference with the Law Clerk, Jennifer Noah, prior to oral argument on the return date.

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