Erie County Courts

Erie County, which is located in Western New York, has a population of approximately 950,000, accounting for about 3.85% of New York's total population of 20.2 million. Its county seat, Buffalo, is also the state's second-largest city.

Erie County courts record an average of 76,613 case filings each year, including about 12,499 criminal cases, 24,117 civil matters, 28,693 Family Court suits, and 11,350 Surrogate's Court cases. In comparison, an average of 75,016 cases are disposed of yearly, including 12,615 criminal suits, 24,526 civil suits, 28,818 Family Court matters, and 9,079 Surrogate's Court proceedings.

Erie County's court system comprises several trial courts that handle a wide range of legal issues, based on their respective jurisdictions. The different types of courts in the county and the type of cases they typically hear are as follows:

• Erie County Supreme Court handles felony cases outside the County Court's jurisdiction, civil claims for amounts exceeding $25,000, divorces, complicated commercial suits, and annulments
• Erie County Court hears all felony cases within county limits, some civil claims up to $25,000, and appeals from the City Court and Town and Village Courts
• Erie County City Court oversees criminal misdemeanors, civil claims less than $15,000, and felony initial hearings
• Erie County Family Court handles adoptions, child protective proceedings (custody and neglect), domestic violence, and guardianships
• Erie County Surrogate's Court hears cases relating to the probate of wills and estate administration
• Towns and Village Courts have jurisdiction over misdemeanors, traffic infractions, landlord-tenant matters, and small claims

Most ot Erie County's trial courts, including the Supreme Court, County Court, Buffalo City Court, Family Court, and Surrogate's Court, are located in Buffalo. The two other City Courts and the Town and Village Courts are spread across different municipalities in the county.

How To Access Erie County Court Records

Erie County court records, except sealed by law, are generally open to the public, per the New York Freedom of Information Law (FOIL). Members of the public are also prohibited from accessingjuvenile records and Family Court records, such as divorce, child custody, and adoption records. In addition, some court records containing sensitive or confidential information may have those sections redacted before being made available to a requester. Requesters may also be required to provide a photo ID and case number when searching for court records in Erie County.

Online

To access Erie County court records online, interested persons may use the Erie County Clerk's Office's Public Record Search Portal. Images, which are generally not retrievable using this case search tool, may, however, be accessed through the County Clerk's Online Request Form. The Erie County Clerk is the custodian of the criminal and civil court records of Erie County's Supreme and County Courts.

Requesters may also perform a court record lookup using the New York State Courts Electronic Filing (NYSCEF) system for cases filed electronically after April 3, 2012. For Erie County Surrogate's Court cases filed from February 19, 2014, individuals may access case information online through WebSurrogate, the New York State Unified Court System's free search application for Surrogate's Court records.

CourtCaseFinder may also be used to search court records online in every U.S. county, including Erie County. Furthermore, individuals seeking court case information from federal cases tried in Erie County may use the Public Access to Court Electronic Records (PACER) case search service to do so.

In-Person

Record seekers may visit the Erie County Clerk's Office or the clerks of the courthouses where their cases were heard to inspect and copy court records in person. They may also access closed criminal court records by visiting the Erie County Clerk's Actions and Proceedings Office.

In addition, the County Clerk's Office provides public access terminals for interested persons to view relevant court records with ease, at no cost. However, certain fees may apply for record copies and assisted searches. Copy fees generally range from $1.30 for copies of the first two pages (plus $0.65 per additional page) of an uncertified court record to $5 for the first four pages of a certified copy.

Old and Archived Court Records

Anyone seeking to retrieve old court records in Erie County, including those unavailable remotely or at the Clerk's office, may conduct an in-person search at the New York State Archives. Record seekers may obtain various types of court records, including pre-1847 dockets and probate/estate case files, minute books, and other records of court operations. To access these historic court records in person, requesters may visit the NYS Archives at:

Individuals may also access old court records online using the NYSCEF portal or in person at the Erie County Clerk's Office. This Office, which typically houses court records from 1957, also maintains a repository of pre-1830 records. However, a processing time of 5-7 business days and the payment of applicable fees are required before the requested records can be obtained.

How To File a Case in Erie County

In Erie County, any of the following methods may be used to file a case:

• In person by visiting the Erie County Clerk's Office
• By mail
• Electronically using the NYSCEF service

However, effective October 1, 2013, e-filing, per Chapter 184 of the 2012 New York Law, is a mandatory requirement for several legal actions in the Erie County Supreme Court, County Courts, and Surrogate's Courts.

Individuals may still file certain case types in person, including Article 70 (habeas corpus) and Article 78 proceedings, suits related to election laws, mental hygiene law matters, guardianship and adoption proceedings, and matrimonial proceedings. Furthermore, other case types, such as original wills for the Surrogate's Court, certain family court petition proceedings, and specific pistol permit amendment actions, may still be filed by mail in the county. Filers may also incur some fees based on the particular court involved and the case type. As outlined in the County Clerk's fees schedule, typical filing fees range from $210 for a civil action to $45 for a motion or cross-motion.

Any person filing a case should first confirm the specific court where their case will be heard by consulting the Erie County Clerk. Also, a filer, who is a public benefits recipient, has low income, and lacks adequate finances to cover their basic household needs and court fees, may request a fee waiver, also called poor person's relief. Such an individual may file, along with other documents, an Application to Waive Court Costs, Fees, and Expenses with the County Clerk, and submit a copy of the filed documents to the County Attorney for review. The relevant court may then deny or grant their request, based on the County Attorney's advice.

A typical breakdown of the steps required to file a case in Erie County is as follows:

• Identify the court with the jurisdiction over the case, based on the case type
• Prepare and assemble the required documents, including:
• The initial documents, such as a Complaint(for civil cases), Petition (for family or Surrogate's Court proceedings), or a small claims application
• Supporting documents like affidavits and exhibits
• Summons (for civil actions) or a note of petition for special proceedings
• File the documents by paying the applicable filing fees
• Serve a copy of the filed documents to the opposing party or respondents in line with the service of process rules

Legal Help and Self-Help Resources

Across the United States, county court systems play a crucial role in delivering access to justice. Legal help and self-help resources are foundational to this access, particularly for self-represented litigants navigating civil, family, probate, or small claims matters. These resources vary by jurisdiction but commonly include self-help centers, online portals, legal aid organizations, and court-affiliated assistance programs.

Indigent Erie County residents seeking various legal resolutions, along with other litigants who cannot afford legal representation, may find legal assistance from certain county-based legal aid and self-help services, including:

• Legal Aid Bureau of Buffalo: A non-profit organisation that offers free legal services for a wide range of legal matters
• Erie County Surrogate's Court Help Center: Provides advice on various Surrogate's Court matters
• 8th Judicial District Help Center: Offers free legal education and clarifies court procedures, in addition to providing referrals to other legal self-help centers
• Center for Elder Law and Justice: Offers county seniors free legal assistance to address several legal issues
• Lawyer Referral Services of Erie County Bar Association: Provides legal consultation in person or by phone for a reduced fee
• Volunteer Lawyer Project: Offers low-cost legal assistance for different legal issues, including Family Law cases and housing issues, among others
• Neighborhood Legal Services: focuses on providing free legal support to low-income persons

The following are state-supported legal self-help services and agencies:

• Mental Health Advocates of Western New York
• LawHelp.org/NY
• Child and Family Services
• Western New York Law Center
• Center for Resolution and Justice

Types of Courts in Erie County, New York

Several trial courts serve Erie County's residents and businesses, including a Supreme Court, a County Court, City Courts, a Surrogate's Court, Town and Village Courts, and federal courts. Each court, which typically exercises specific jurisdiction, is listed below with its location and contact information:

Erie County Supreme Court

• Jurisdiction/Cases Heard - This highest-jurisdiction trial court handles divorces, civil cases for amounts exceeding $25,000, separations, annulments, mortgage foreclosures, and injunctions
• Address and Contact Information -

Erie County Court

• Jurisdiction/Cases Heard - Felonies, civil claims not exceeding $25,000, appeals from the lower courts, evictions, partition of real property, and lesser offenses
• Address and Contact Information -

Erie County City Courts

• Jurisdiction/Cases Heard - Misdemeanors, lesser-included offenses, and civil claims below $15,000 fall within these courts' authority
• Address and Contact Information -

Buffalo City Court

Lackawanna City Court

Tonawanda City Court

Erie County Family Court

• Jurisdiction/Cases Heard - Cases involving children and family fall under this court's jurisdiction, such as adoptions, parental rights termination, child abuse, foster care approval, custody and visitation, and persons in need of supervision matters
• Address and Contact Information -

Erie County Surrogate's Court

• Jurisdiction/Cases Heard - This court oversees cases relating to decedents' affairs, including probate of wills and administration of estates. Adoptions also fall under its jurisdiction
• Address and Contact Information -

Erie County Town and Village Courts

• Jurisdiction/Cases Heard - These courts, which are also called Justice Courts, exercise an extensive jurisdiction over civil and criminal matters, vehicle and traffic violations, and evictions and small claims cases.
• Address and Contact Information -

Erie County has 36 Towns and Village Courts spread across its territory, and they include:

Akron Village Court

Alden Town Court

Alden Village Court

Amherst Town Court

Angola Village Court

Aurora Town Court

Blasdell Village Court

Boston Town Court

Brant Town Court

Cheektowaga Town Court

Clarence Town Court

Colden Town Court

Collins Town Court

Concord Town Court

Depew Village Court

Eden Town Court

Elma Town Court

Evans Town Court

Grand Island Town Court

Hamburg Town Court

Hamburg Village Court

Holland Town Court

Kenmore Village Court

Lancaster Town Court

Lancaster Village Court

Marilla Town Court

Newstead Town Court

North Collins Town Court

Orchard Park Town Court

Orchard Park Village Court

Sardinia Town Court

Springville Village Court

Tonawanda Town Court

Wales Town Court

West Seneca Town Court

Williamsville Village Court

United States District Court for the Western District of New York

• Jurisdiction/Cases Heard - All federal legal matters, including criminal and civil cases, and other cases relating to the Federal Constitution and the United States Government, are heard within this court
• Address and Contact Information -

United States Bankruptcy Court Western District of New York

• Jurisdiction/Cases Heard - This court has exclusive jurisdiction over all cases relating to bankruptcy
• Address and Contact Information -

Frequently Asked Questions (FAQs) About Erie County Courts