N.Y. Comp. Codes R. & Regs. tit. 22 § 500.21

Current through Register Vol. 46, No. 45, November 2, 2024

Section 500.21 - Motions-general procedures

(a) Return date. Regardless whether the court is in session, motions shall be returnable on a Monday or, if Monday is a legal holiday, the first business day of the week unless otherwise provided by statute, order to show cause or stipulation so ordered by a judge of the court. Motions shall be submitted without oral argument, unless the court directs otherwise. No adjournments shall be permitted other than in those limited instances provided by statute (CPLR 321[c] and 1022).

(b) Notice and service. Movant shall serve a notice of motion and supporting papers on sufficient notice to each other party, as set forth in the CPLR and subsections (b)(1), (2), (3) and (4) of this section. In computing the notice period, the date of service shall not be included.

(1) When the motion is personally served, movant shall give at least eight days' notice (CPLR 2214(b)).

(2) When the motion is served by regular mail, movant shall give at least 13 days' notice (CPLR 2103(b)(2)).

(3) When the motion is served by overnight delivery service, movant shall give at least nine days' notice (CPLR 2103(b)(6)).

(4) When the motion is served by facsimile transmission, movant shall comply with CPLR 2103(b)(5), and give at least eight days' notice.

(c) Filing. In addition to the submission in digital format required by subsection 500.21(i) of this Part, unless otherwise permitted by the Court or Clerk of the Court, movant shall file its motion, with proof of service on each other party, at Court of Appeals Hall no later than noon on the Friday preceding the return date. On or before the return date of the motion, respondent may file papers in opposition to the motion, with proof of service on each other party . Submissions shall not be filed by facsimile transmission or electronic mail, or other electronic transmission except when requested by the Clerk of the Court or otherwise permitted by this Part. The Court's motion practice does not permit the filing of reply briefs and memoranda. A request for permission to file papers after the return date of the motion is governed by section 500.7 of this Part.

(d) Number of required copies. Except in cases of indigency, where subsection (g) of this section applies, movant shall file an original and one copy of its motion, with proof of service of one copy on each other party. Respondent may file an original and one copy of its papers in opposition to the motion, with proof of service of one copy on each other party.

(e) Fee required. Movant shall remit the fee, if any, required by section 500.3(b) of this Part with each motion and cross motion filed.

(f) Form of papers. Movant's papers and opposing papers shall comply in form with section 500.1 of this Part. The papers shall include a disclosure statement pursuant to section 500.1(f) of this Part, if required.

(g) Proof of indigency. Any motion may be made on one set of papers, with proof of service of one copy on each other party, where:

(1) the motion requests poor person relief and contains the information required by CPLR 1101(a); or

(2) movant provides a copy of an order, issued by any court in the action or proceeding to which the motion relates, granting that party poor person relief, together with a sworn affidavit that the same financial circumstances exist at the time of filing in the Court of Appeals as when the order granting poor person relief was issued.

(h) Orders determining motion. The original of an order of the Court of Appeals issued on a motion decision is filed in the clerk's office automatically by the clerk of the court and is entered on the date of decision. There is no procedure for filing additional papers, such as proof of service of a copy of the order with notice of entry upon adverse parties. If necessary, such papers may be filed in the office where papers submitted to the court of original instance are filed.

(i) Companion submission in digital format. Unless a request to be relieved of the digital filing requirement is submitted pursuant to subsection 500.2(e) of this Part, each party shall submit in digital format its motion or opposition papers. The motion or opposition papers in digital format shall be identical to the filed original printed motion or opposition papers, except the digital filing need not contain an original signature. All material submitted under this section shall comply with the technical specifications and instructions for submission available from the Clerk's Office. The companion motion and opposition papers in digital format shall be submitted no later than seven days after the return date of the motion.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 500.21

Amended New York State Register May 27, 2020/Volume XLII, Issue 21, eff. 5/27/2020