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 202.7 - Calendaring of motions; uniform notice of motion form; affirmation of good faith

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) There shall be compliance with the
				  procedures prescribed in the CPLR for the bringing of motions. In addition,
				  except as provided in subdivision (d) of this section, no motion shall be filed
				  with the court unless there have been served and filed with the motion papers
				  (1) a notice of motion, and (2) with respect to a motion relating to disclosure
				  or to a bill of particulars, an affirmation that counsel has conferred with
				  counsel for the opposing party in a good faith effort to resolve the issues
				  raised by the motion.
(b) The notice of motion shall read
				  substantially as follows:
________ COURT OF THE STATE OF NEW YORK
COUNTY OF ________
________ x
A. B.,
Notice of Motion
Index No.
Plaintiff,
-against-
________
Name of Assigned Judge
C. D.,
Defendant.
________ x
Oral argument is requested [ ]
(check box if applicable)
Upon the affidavit of ________, sworn to on
					 ________, 19 ________, and upon (list supporting papers if any), the. . . will
					 move this court (in Room ________) 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, medical malpractice, divorce,
					 etc.).
This is a motion for or related to interim
					 maintenance or child support. [ ]
(check box if applicable)
An affirmation that a good faith effort has
					 been made to resolve the issues raised in this motion is annexed hereto.
(required only where the motion relates to
					 disclosures or to a bill of particulars)
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)
____________
Attorney[FN1] (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:
(c) The affirmation of the good
				  faith effort to resolve the issues raised by the motion shall indicate the
				  time, place and nature of the consultation and the issues discussed and any
				  resolutions, or shall indicate good cause why no such conferral with counsel
				  for opposing parties was held.
(d) An order to show cause or an
				  application for ex parte relief need not contain the notice of motion set forth
				  in this section, but shall contain the affirmation of good faith set forth in
				  this section if such affirmation otherwise is required by this
				  section.
(e) Ex parte
				  motions submitted to a judge outside of the county where the underlying action
				  is venued or will be venued shall be referred to the appropriate court in the
				  county of venue unless the judge determines that the urgency of the motion
				  requires immediate determination.
(f) Any application for temporary
				  injunctive relief, including but not limited to a motion for a stay or a
				  temporary restraining order, shall contain, in addition to the other
				  information required by this section, an affirmation demonstrating there will
				  be significant prejudice to the party seeking the restraining order by the
				  giving of notice. In the absence of a showing of significant prejudice, the
				  affirmation must demonstrate that a good faith effort has been made to notify
				  the party against whom the temporary restraining order is sought of the time,
				  date and place that the application will be made in a manner sufficient to
				  permit the party an opportunity to appear in response to the application. This
				  subdivision shall not be applicable to orders to show cause or motions in
				  special proceedings brought under article 7 of the Real Property Actions and
				  Proceedings Law, nor to orders to show cause or motions requesting an order of
				  protection under section
				  240 of
				  the Domestic Relations Law, unless otherwise ordered by the court.
[FN1] If any party is appearing pro se, the
					 name, address and telephone number of such party shall be
					 stated.