22 CRR-NY 850.4NY-CRR
22 CRR-NY 850.4
22 CRR-NY 850.4
850.4 Motions.
(a) Hard copies and digital submissions required.
Except as otherwise provided, all papers filed in relation to a motion or application shall be submitted both in hard copy and in digital format. In all matters not subject to mandatory e-filing, the digital copy of such papers shall be uploaded through the court's digital portal (http://www.nycourts.gov/ad3/Clerk/Index.html). The digital copy of such papers must comply with the technical requirements for electronically filed documents (Part 1245, Appendix A of this Title). Exempt attorneys and exempt litigants, as defined in section 1245.4 of this Title, are exempt from the digital filing requirements.
(b) Motions or applications which include requests for interim relief.
(1) Notice. A party seeking relief as provided in section 1250.4(b) of this Title shall, in addition to the notice required by section 1250.4(b)(2) of this Title, provide advance notice to the court of its intention to present the application or order to show cause. To the extent practicable, the notice required by section 1250.4(b)(2) of this Title and by this section shall be accompanied by a copy of the papers the party seeking relief intends to present to the court for filing. The affidavit or affirmation of notice required by section 1250.4(b)(2) of this Title shall state the manner in which the proposed filing was served.
(2) Oral argument. Where the notice required by paragraph (1) of this subdivision has been given, the party seeking relief and/or the party opposing the relief sought may request the opportunity to present argument to the justice to whom the application or order to show cause will be presented, which request shall be determined in the discretion of that justice.
(c) Admission pro hac vice.
An application for admission pro hac vice, pursuant to section 1250.4(e) of this Title, shall be made in the form of a motion.
(d) Leave to file amicus curiae brief.
A motion for permission to serve and file an amicus curiae brief, made pursuant to section 1250.4(f) of this Title, shall include one original, five hard copies and one digital copy of the proposed brief with proof of service of one hard copy of the brief upon each other party to the appeal or proceeding.
22 CRR-NY 850.4
Current through August 31, 2021
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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.