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 202.8 - Motion procedure

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) All motions shall be returnable
				  before the assigned judge, and all papers shall be filed with the court on or
				  before the return date.
(b) Special procedure for unassigned
				  cases. If a case has not been assigned to a judge, the motion shall be made
				  returnable before the court, and a copy of the moving papers, together with a
				  request for judicial intervention, shall be filed with the court, with proof of
				  service upon all other parties, where required by section
				  202.6 of this Part, within five
				  days of service upon the other parties. The moving party shall give written
				  notice of the index number to all other parties immediately after filing of the
				  papers. Copies of all responding papers shall be submitted to the court, with
				  proof of service and with the index number set forth in the papers, on or
				  before the return date. The case shall be assigned to a judge as soon as
				  practicable after the filing of the request for judicial intervention pursuant
				  to section
				  202.6 of this Part, but in no
				  event later than the return date. After assignment to the judge, the court
				  shall provide for appropriate notice to the parties of the name of the assigned
				  judge. Motion papers noticed to be heard in a county other than the county
				  where the venue of the action has been placed by the plaintiff shall be
				  assigned to a judge in accordance with procedures established by the Chief
				  Administrator.
(c) The
				  moving party shall serve copies of all affidavits and briefs upon all other
				  parties at the time of service of the notice of motion. The answering party
				  shall serve copies of all affidavits and briefs as required by CPLR 2214.
				  Affidavits shall be for a statement of the relevant facts, and briefs shall be
				  for a statement of the relevant law.
(d) Motion papers received by the clerk
				  of the court on or before the return date shall be deemed submitted as of the
				  return date. The assigned judge, in his or her discretion or at the request of
				  a party, thereafter may determine that any motion be orally argued and may fix
				  a time for oral argument. A party requesting oral argument shall set forth such
				  request in its notice of motion or in its order to show cause or on the first
				  page of the answering papers, as the case may be. Where all parties to a motion
				  request oral argument, oral argument shall be granted unless the court shall
				  determine it to be unnecessary. Where a motion is brought on by order to show
				  cause, the court may set forth in the order that oral argument is required on
				  the return date of the motion.
(e)
(1) Stipulations of adjournment of the
				  return date made by the parties shall be in writing and shall be submitted to
				  the assigned judge. Such stipulation shall be effective unless the court
				  otherwise directs. No more than three stipulated adjournments for an aggregate
				  period of 60 days shall be submitted without prior permission of the
				  court.
(2) Absent
				  agreement by the parties, a request by any party for an adjournment shall be
				  submitted in writing, upon notice to the other party, to the assigned judge on
				  or before the return date. The court will notify the requesting party whether
				  the adjournment has been granted.