N.Y. Comp. Codes R. & Regs. tit. 22 § 207.7

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

Section 207.7 - Service and filing of papers; motions

(a) Whenever service of a paper or notice is required, copies thereof shall be served upon all parties who have appeared and upon such other persons as the Surrogate may direct. Except as further provided in section 207.9 of this Part, a party has appeared within the meaning of these rules so as to entitle the party to be served with notices or papers:

(1) if the party has filed a written notice of appearance with a demand for service of all papers at a specified address; or

(2) if the party has filed a pleading upon which is endorsed the name and address of the attorney appearing for the party or the name and address of the party appearing pro se.

(b) Proof of service of the paper or notice upon all parties shall be filed with the original paper or notice.

(c) In all proceedings the proof of service of process, notices of motion and orders to show cause shall be filed on or before the second day preceding the return date unless the court otherwise permits. In computing such period of two days, Saturdays, Sundays and legal holidays shall not be taken into account. This provision shall not apply to an order to show cause returnable in such limited time as to make compliance with its provisions impracticable.

(d) All contested motions and proceedings shall be made returnable on any day the court is in session, unless otherwise provided in the local rules of the court or by order of the Surrogate.

(e) Unless the court otherwise permits, 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. Unless otherwise directed by the court, answering and reply affidavits and briefs and all 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.

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

(g)

(1) 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.

(2) Attendance by counsel at the calendar call shall not be required unless:

(i) a party intends to make an application to the court that is not on the consent of all parties;

(ii) attendance of counsel or oral argument is directed by the court; or

(iii) oral argument is requested by a party.

(3) Attendance by counsel for a party not requesting oral argument is not required where the hearing of oral argument is based solely upon the request of another party.

(4) 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 order to show cause shall do so as soon as possible prior to the time the motion is to be heard.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.7