N.Y. Comp. Codes R. & Regs. tit. 22 § 205.11

Current through Register Vol. 46, No. 51, December 18, 2024

Section 205.11 - Service and filing of motion papers

Where motions are required to be on notice:

(a) The motion shall be made returnable at such hour as the assigned judge directs.

(b) At the time of service of the notice of motion, the moving party shall serve copies of all affidavits and briefs upon all of the attorneys for the parties or upon the parties appearing pro se. 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 papers required to be furnished to the court by the Family Court Act or CPLR 2214(c) must be filed no later than the time of argument or submission of the motion.

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

(d) 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 its 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.

(e) Hearings on motions shall be held when required by statute or ordered by the assigned judge in the judge's discretion.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.11