22 CRR-NY 205.11NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 22. JUDICIARY
SUBTITLE A. JUDICIAL ADMINISTRATION
CHAPTER II. UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
PART 205. UNIFORM RULES FOR THE FAMILY COURT
22 CRR-NY 205.11
22 CRR-NY 205.11
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.
22 CRR-NY 205.11
Current through August 31, 2021
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.