N.Y. Comp. Codes R. & Regs. tit. 22 § 210.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 210.8 - Calendaring of motions; uniform notice of motion form

(a) There shall be compliance with the procedures prescribed in the UCCA and CPLR for the bringing of motions. In addition, no motion shall be filed with the court unless a notice of motion is served and filed with the motion papers. The notice of motion shall read substantially as follows:

CITY COURT OF THE CITY OF

COUNTY OF ________

............ x

A. B., Notice of Motion

Plaintiff, Index No.

-against-

_____________

Name of Assigned Judge

C. D., Oral argument is requested [ ]

check box if requested)

Defendant.

............ X

Upon the affidavit of ________, sworn to on ________, 19________, and upon (list supporting papers if any), the ________will move this court at the ________ Courthouse, ________, ________, New York, on the ________ day of ________, 19________, at ________ (a.m.) (p.m.) for an order (briefly indicate relief requested).

The above-entitled action is for (briefly state nature of action, e.g., personal injury, contract, property damage etc.). Pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of the motion.

(check box if applicable) [ ]

Dated:

(Print Name)

............

Attorney1 (or Attorney in charge of case if law firm) for moving party

Address:

Telephone number:

(Print Name)

TO: ............

Attorney1 for (other party)

Address:

Telephone number:

(Print Name)

............

Attorney1 for (other party)

Address:

Telephone number:

________

1 If any party is appearing pro se, the name, address and telephone number of such party shall be stated.

(b) The notice of motion set forth in subdivision (a) of this section shall not be required for the return of an order to show cause or an application for ex parte relief.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 210.8