N.Y. Comp. Codes R. & Regs. tit. 22 § 212.10

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

Section 212.10 - Calendaring of motions; uniform notice of motion form

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

DISTRICT COURT OF THE CITY OF ............

________ DISTRICT

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

A. B., Notice of Motion

Plaintiff, Index No.

-against- ............

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 ________ (specify the Part), at the ________Courthouse, ________, ________, New York, on the ________day of ________, 19________, at 9:30 a.m. for an order (briefly indicate relief requested).1

The above-entitled action is for (briefly state nature of action, e.g., personal injury, contract, property damage, etc.). This action (is) (is not) on a trial calendar. If on a trial calendar, the calendar number is ________ .

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 this motion.

(check box if applicable) [ ]

Dated:

(Print Name)

______________

(or Attorney in charge of Attorney2

case if law firm) for moving party

Address:

Telephone number:

TO: (Print Name)

____________

Attorney2 for (other party)

Address:

Telephone number:

(Print Name)

____________

Attorney2 for (other party)

Address:

Telephone number:

1 If motion is to reargue, vacate or extend, modify or otherwise affect a prior order, state the name of the judge who decided the prior order.

2If 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 § 212.10