(a) Filing Procedures. All civil cases filed in this Court are assigned to the Electronic Case
Filing System (“ECF”). The procedures for electronic filing and any exceptions to the
electronic filing requirements are set forth in the Administrative Procedures Guide for
Electronic Filing which is available on the Court’s website,
http://www.nywd.uscourts.gov. All pleadings and other papers shall be filed and served
in accordance with the Federal Rules of Civil Procedure and the Administrative
Procedures Guide for Electronic Filing.
(b) Filing Fees. A party commencing an action or removing an action from a state court must
pay to the Clerk of Court the statutory filing fee, found in the District Court Schedule of
Fees available on the Court’s website, http://www.nywd.uscourts.gov, before the case
will be docketed and process issued. Indigent litigants should refer to Loc. R. Civ. P.
5.2(c) for information on obtaining relief from this requirement.
(c) Case Assignment. Upon filing, civil cases are assigned to a Judge in either Buffalo
(typically, cases arising in Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara,
Orleans and Wyoming counties), or Rochester (typically, cases arising in Chemung,
Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben, Wayne and Yates counties).
The Court may transfer cases within the District, sua sponte. Parties requesting transfer of
a case from Buffalo to Rochester, or vice versa, shall file a written motion requesting such
relief, returnable before the Judge to whom the case is originally assigned.
(d) Date-Stamped Copies. Parties requesting date-stamped copies of filed documents must
provide a paper copy for date-stamping, and a self-addressed, adequately-sized envelope
with proper postage affixed.
(e) Related Cases. Each attorney appearing in a civil case has a continuing duty to notify the
Clerk promptly when the attorney has reason to believe that said case is related to some
other pending civil or criminal action(s) because of the similarity of facts and legal issues
or because the cases arise from the same transactions or events, such that its assignment
to the same Judge would avoid unnecessary duplication of judicial effort. This includes
civil forfeiture cases that are related to a pending criminal action. As soon as the attorney
becomes aware of such a relationship in two or more cases where the relationship was not
already identified on the civil cover sheet, the attorney shall notify the Clerk of Court and
the assigned Judges by filing a letter on the docket of the pertinent cases advising of the
relevant facts.
(f) Title 11. Pursuant to 28 U.S.C. § 157(a) any and all cases under Title 11 and any and all
proceedings arising under Title 11 or arising in or related to a case under Title 11 are
referred to the Bankruptcy Judges for this district. If a Bankruptcy Judge or District Judge
determines that entry of a final order or judgment by a Bankruptcy Judge would not be
consistent with Article III of the United States Constitution in a particular proceeding
referred under this Local Rule and determined to be a core matter, the Bankruptcy Judge
shall, unless otherwise ordered by the District Court, hear the proceeding and submit
proposed findings of fact and conclusions of law to the District Court. The District Court
may treat any order of the Bankruptcy Court as proposed findings of fact and conclusions
of law in the event the District Court concludes that the Bankruptcy Judge could not have
entered a final order or judgment consistent with Article III of the United States
Constitution.
(g) Service by Overnight Delivery. All papers, other than a subpoena or a summons and
complaint, may be served on counsel of record by overnight delivery service at the address
designated by the attorney for that purpose, or if none is designated, at the attorney’s last
known address. Service by overnight delivery shall be complete upon deposit of the
paper(s), enclosed in a properly addressed wrapper, into the custody of the overnight
delivery service, prior to the latest time designated by the service for overnight delivery.
Overnight delivery service shall be deemed service by mail for purposes of Fed. R. Civ. P.
5 and 6. “Overnight delivery service” means any delivery service which regularly accepts
items for overnight delivery to any address within the Court’s jurisdiction.
(h) Letters. Letters addressed to Judges who accept letters, including letter motions required
by Loc. R. Civ. P. 5.5(d)(5), (6) and 7(a)(2)(C) or permitted by the assigned Judge’s
individual practices and rules, may be filed electronically.
