N.Y. Comp. Codes R. & Regs. tit. 22 § 530.8
Current through Register Vol. 46, No. 53, December 31, 2024
(a) A motion addressed to the court may be made on eight days' notice (personal service), nine days' notice (overnight delivery service), or 13 days' notice (service by mail). Regardless whether the court is in session, motions shall be returnable on a Monday or, if Monday is a legal holiday, the first business day of the week unless provided by statute, order to show cause or stipulation so ordered by a judge of the court. Motions to dispense with rule requirements or to review determinations of the clerk of the court may be made on a single set of the moving papers with proof of service of one copy. Motions for suspension in accordance with New York State Constitution, article 6, section 22, subdivision (e), (f) or (g), shall be made on an original and six copies of a brief or moving papers, unless the court acts sua sponte on such notice to counsel and with such directions for filings as it may deem appropriate. Oral argument will not be heard unless the court expressly grants permission upon a written request showing need.(b) Reargument. A motion for reargument shall be made without oral argument, on an original and six copies of papers which shall state briefly the ground upon which reargument is sought and the points claimed to have been overlooked or misapprehended by the court, with proper reference to the particular portions of the record and to the authorities relied upon. Such motion may not be based on the assertion for the first time of new points except for extraordinary and compelling reasons. Unless otherwise permitted by the court, the motion shall be served not later than 30 days after the court has rendered its judgement or order. Two copies of the motion shall be served on the adverse party.(c) Amicus curiae relief. Movant shall file an original and one copy of its motion papers, accompanied by an original amicus brief, with proof of service of one copy of the motion and one copy of the brief on each other party. If the motion is granted, nine copies of the brief shall be filed, with proof of service of two copies on each party, within the time set by the Court's order. Unless otherwise directed or permitted by the Court, the motion shall be served no later than 15 days after the filing date set for petitioner's reply. Amicus curiae relief will be denied where acceptance of the amicus curiae submission may cause the recusal or disqualification of one or more Judges of the Court. Potential amici seeking information are encouraged to contact the Clerk's Office by telephone during business hours. Information on the briefing status of requests for review and appropriate return dates for amicus motions also is available on the Court's web site. A motion for amicus curiae relief shall : (i) demonstrate that the parties are not capable of full and adequate presentation and that movant could remedy this deficiency; the movant could identify law or arguments that might otherwise escape the Court's consideration; or the proposed amicus curiae brief otherwise would be of assistance to the Court;(ii) include a statement of the identity of movant and the movant's interest in the matter; and(iii) include a statement indicating whether: (a) a party's counsel contributed content to the brief or participated in the preparation of the brief in any other manner;(b) a party or a party's counsel contributed money that was intended to fund preparation or submission of the brief; and(c) a person or entity, other than movant or movant's counsel, contributed money that was intended to fund preparation or submission of the brief and, if so, identifying each such person or entity.(d) With respect to all motions provided for under subdivisions (a), (b) and (c) of this section, answering papers or briefs shall be served and filed on or before the return date of the motion unless otherwise directed by the court.N.Y. Comp. Codes R. & Regs. Tit. 22 § 530.8
Amended New York State Register May 8, 2024/Volume XLVI, Issue 19, eff. 5/8/2024