Temporary Guidelines for Filing Matrimonial Actions for 8th Judicial District

(For Erie, Chautauqua, Cattaraugus and Genesee Counties New York)
(Note: Allegany and Orleans Counties are paper only and Niagara County is electronic only)
Effective Date: May 15, 2020

EXISTING UNCONTESTED MATRIMONIAL ACTIONS (FILED PRIOR TO 3/17/20):

  1. CASES FILED PRE 3/17/20 WITH RJI AND NOTE OF ISSUE AND CONSENT TO DEFAULT CONTAINED IN DEFENDANT’S AFFIDAVIT:  These cases will be accepted on paper through the Court Clerk’s Office and will be reviewed by chambers or the CARs.  You will be notified if corrections need to be made and when the papers may be picked up.  The ECCO will accept the judgment roll for these cases on papers.
  • CASES FILED PRE 3/17/20 WITH NO RJI, NOTE OF ISSUE OR DEFENDANT’S CONSENT TO DEFAULT CONTAINED IN DEFENDANT’S AFFIDAVIT:  We are NOT permitted to grant defaults at this time.  When we are able to process default matters, you will be required to file a Notice of Default which must be sent to the Defendant at their last known mailing address with an itemization of the relief requested on the Notice. Best practice would be to send the EDDS consent form with the Notice of Default so that if the Defendant appears you may attempt to obtain their consent to electronic filing. These cases are converted to electronic filing when you file the RJI. If the Defendant fails to appear or appears and does not consent to electronic filing, you will continue to file and deliver your documents to the court pursuant to 22 NYCRR 202.5-b(b)(2)(i).  However, you will have to send the papers to the non-consenting party by mail, hand delivery, fax, etc. or as may be further directed by the court.

EXISTING CONTESTED MATRIMONIAL ACTIONS (FILED PRIOR TO 3/17/20):

  1. CASES FILED PRE 3/17/20 WITH AN RJI AND SETTLED POST 3/17/20: These cases will continue to be accepted on paper via email for review and will be reviewed by chambers or the CARs. You will be notified if any corrections are required.  Once approved the original Judgment and Findings of Fact and Conclusions of Law, on Judgment rolls submitted via email will be available for pick up.  You will be required to assemble all original documents to submit your judgment roll for filing.  You may also submit the Judgment roll on original papers for review.  The ECCO will accept the judgment roll for these cases on paper.
  • CASES FILED PRE 3/17/20 WITH NO RJI OR NOTE OF ISSUE AND ARE IN DEFAULT STATUS: We are NOT permitted to grant defaults at this time. When we are able to process defaults, we will require a Notice of Default to be sent to the Defendant’s last known mailing address with the itemized relief request set forth on the notice.  Best practice would be to send the EDDS consent form with the Notice of Default so that if the party decides to appear in the action you may obtain their consent to electronic filing. These cases are converted to electronic filing when you file the RJI. If the Defendant fails to appear or appears and does not consent to electronic filing, you will continue to file and deliver your documents with the court pursuant to 22 NYCRR 202.5-b(b)(2)(i).  However, you will have to send the papers to the non-consenting party by mail, hand delivery, fax, etc. or as may be further directed by the court.

NEW CONTESTED AND UNCONTESTED MATRIMONIAL ACTIONS:

These cases must be filed through NYSCEF to commence the action.  Please make sure you print out the consent to electronic filing and serve it with your papers.  If there is no appearance by the Defendant or the Defendant appears and consents to electronic filing you will continue to file your papers through NYSCEF, including your final judgment roll. If the Defendant fails to appear or appears and does not consent to electronic filing, you will continue to file and deliver your documents to the court pursuant to 22 NYCRR 202.5-b(b)(2)(i).  However, you will have to send the papers to the non-consenting party by mail, hand delivery, fax, etc. or as may be further directed by the court.