22 CRR-NY 212.10NY-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 212. UNIFORM CIVIL RULES FOR THE DISTRICT COURTS
22 CRR-NY 212.10
22 CRR-NY 212.10
212.10 Calendaring of motions; uniform notice of motion form.
(a) There shall be compliance with the procedures for the bringing of motions prescribed in the UDCA and CPLR. In addition, no motion shall be placed on the calendar for hearing in the appropriate part unless a notice of motion is served and filed with the motion papers. The notice of motion shall read substantially as follows:
DISTRICT COURT OF THE CITY OF
 
____ DISTRICT
 
x
A.B.,
 
Notice of Motion
Plaintiff,
 
Index No.
-against-
 
 
C.D.,
 
Oral argument is requested □
 
(check box if requested)
 
Defendant.
 
x
Upon the affidavit of __, sworn to on __19, and upon (list supporting papers if any), the __will move this court at __ (specify the Part), at the __Courthouse, __, __, New York, on the _day of __, 19, at 9:30 a.m. for an order (briefly indicate relief requested).1
The above-entitled action is for (briefly state nature of action, e.g., personal injury, contract, property damage, etc.). This action (is) (is not) on a trial calendar. If on a trial calendar, the calendar number is __ .
Pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of this motion.
(check box if applicable)
 
Dated:
(Print Name)
(or Attorney in charge of Attorney2 case if law firm) for moving party Address: Telephone number:
TO:
 
(Print Name)
Attorney2 for (other party) Address: Telephone number:
(Print Name)
Attorney2 for (other party) Address: Telephone number:
1 If motion is to reargue, vacate or extend, modify or otherwise affect a prior order, state the name of the judge who decided the prior order.
2If any party is appearing pro se, the name, address and telephone number of such party shall be stated.
(b) The notice of motion set forth in subdivision (a) of this section shall not be required for the return of an order to show cause or an application for ex parte relief.
22 CRR-NY 212.10
Current through August 31, 2021
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, 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 Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.