N.Y. Comp. Codes R. & Regs. tit. 22 § 210.9

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

Section 210.9 - Motion procedure

(a) All motions shall be returnable before the assigned judge. The moving party shall serve copies of all affidavits and briefs upon the adverse 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. Unless otherwise directed by the court, answering and reply affidavits and all other papers required to be furnished to the court by CPLR 2214(c) must be filed no later than the time of argument or submission of the motion.

(b) The assigned judge may determine that any or all motions be orally argued, and may direct that moving and responding papers be filed with the court prior to the time of argument.

(c) Unless oral argument has been requested by a party and permitted by the court, or directed by the court, motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the return date. A party requesting oral argument shall set forth such request in the notice of motion or on the first page of the answering papers, as the case may be. A party requesting oral argument on a motion brought on by an order to show cause shall do so as soon as practicable before the time the motion is to be heard.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 210.9