§ 2214 — Motion papers; service; time

New York § 2214

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 22: Stay, Motions, Orders and Mandates

Text

Rule 2214. Motion papers; service; time. (a) Notice of motion. A\nnotice of motion shall specify the time and place of the hearing on the\nmotion, the supporting papers upon which the motion is based, the relief\ndemanded and the grounds therefor. Relief in the alternative or of\nseveral different types may be demanded.\n (b) Time for service of notice and affidavits. A notice of motion and\nsupporting affidavits shall be served at least eight days before the\ntime at which the motion is noticed to be heard. Answering affidavits\nshall be served at least two days before such time. Answering affidavits\nand any notice of cross-motion, with supporting papers, if any, shall be\nserved at least seven days before such time if a notice of motion served\nat least sixteen days before such time so demands; whereupon any reply\nor responding affidavits shall be served at least one day before such\ntime.\n (c) Furnishing papers to the court. Each party shall furnish to the\ncourt all papers served by that party. The moving party shall furnish\nall other papers not already in the possession of the court necessary to\nthe consideration of the questions involved. Except when the rules of\nthe court provide otherwise, in an e-filed action, a party that files\npapers in connection with a motion need not include copies of papers\nthat were filed previously electronically with the court, but may make\nreference to them, giving the docket numbers on the e-filing system.\nWhere such papers are in the possession of an adverse party, they shall\nbe produced by that party at the hearing on notice served with the\nmotion papers. Only papers served in accordance with the provisions of\nthis rule shall be read in support of, or in opposition to, the motion,\nunless the court for good cause shall otherwise direct.\n (d) Order to show cause. The court in a proper case may grant an order\nto show cause, to be served in lieu of a notice of motion, at a time and\nin a manner specified therein. An order to show cause against a state\nbody or officers must be served in addition to service upon the\ndefendant or respondent state body or officers upon the attorney general\nby delivery to an assistant attorney general at an office of the\nattorney general in the county in which venue of the action is\ndesignated or if there is no office of the attorney general in such\ncounty, at the office of the attorney general nearest such county.\n