New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.24 - Advance Notice of Motions

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Nothing in this rule shall be
					 construed to prevent or limit counsel from making any motion deemed appropriate
					 to best represent a party's interests. However, in order to permit the court
					 the opportunity to resolve issues before motion practice ensues, and to control
					 its calendar in the context of the discovery and trial schedule, pre-motion
					 conferences in accordance herewith must be held. The failure of counsel to
					 comply with this rule may result in the motion being held in abeyance until the
					 court has an opportunity to conference the matter.
(b) This rule shall not apply
					 to disclosure disputes covered by Rule 14 of this subdivision nor to
					 dispositive motions pursuant to CPLR 3211, 3212 or 3213 made at the time of the
					 filing of the request for judicial intervention or after discovery is complete.
					 Nor shall the rule apply to motions to be relieved as counsel, for pro hac vice
					 admission, for reargument or in limine.
(c) Prior to the making or filing of a
					 motion, counsel for the moving party shall advise the court in writing (no more
					 than two pages) on notice to opposing counsel outlining the issue(s) in dispute
					 and requesting a telephone conference. If a cross-motion is contemplated, a
					 similar motion notice letter shall be forwarded to the court and counsel. Such
					 correspondence shall not be considered by the court in reaching its decision on
					 the merits of the motion.
(d) Upon review of the motion notice
					 letter, the court will schedule a telephone or in-court conference with
					 counsel. Counsel fully familiar with the matter and with authority to bind
					 their client must be available to participate in the conference. The
					 unavailability of counsel for the scheduled conference, except for good cause
					 shown, may result in granting of the application without opposition and/or the
					 imposition of sanctions.
(e) If the matter can be resolved during
					 the conference, an order consistent with such resolution may be issued or
					 counsel will be directed to forward a letter confirming the resolution to be
					 "so ordered." At the discretion of the court, the conference may be held on the
					 record.
(f) If the
					 matter cannot be resolved, the parties shall set a briefing schedule for the
					 motion which shall be approved by the court. Except for good cause shown, the
					 failure to comply with the briefing schedule may result in the submission of
					 the motion unopposed or the dismissal of the motion, as may be
					 appropriate.
(g) On
					 the face of all notices of motion and orders to show cause, there shall be a
					 statement that there has been compliance with this rule.
(h) Where a motion must be made
					 within a certain time pursuant to the CPLR, the submission of a motion notice
					 letter, as provided in subdivision (a) of this rule, within the prescribed time
					 shall be deemed the timely making of the motion. This subdivision shall not be
					 construed to extend any jurisdictional limitations period.