2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 22 - (2201 - R2223) STAY, MOTIONS, ORDERS AND MANDATES
R2214 - Motion papers; service; time.


NY CPLR § R2214 (2012) What's This?
 
    Rule  2214.  Motion  papers;  service;  time.  (a) Notice of motion. A
  notice of motion shall specify the time and place of the hearing on  the
  motion, the supporting papers upon which the motion is based, the relief
  demanded  and  the  grounds  therefor.  Relief  in the alternative or of
  several different types may be demanded.
    (b) Time for service of notice and affidavits. A notice of motion  and
  supporting  affidavits  shall  be  served at least eight days before the
  time at which the motion is noticed to be  heard.  Answering  affidavits
  shall be served at least two days before such time. Answering affidavits
  and any notice of cross-motion, with supporting papers, if any, shall be
  served at least seven days before such time if a notice of motion served
  at  least  sixteen days before such time so demands; whereupon any reply
  or responding affidavits shall be served at least one  day  before  such
  time.
    (c)  Furnishing  papers  to the court. Each party shall furnish to the
  court all papers served by him. The moving party shall  furnish  at  the
  hearing  all  other  papers  not  already in the possession of the court
  necessary to the consideration of the  questions  involved.  Where  such
  papers are in the possession of an adverse party, they shall be produced
  by  him  at  the  hearing  on notice served with the motion papers. Only
  papers served in accordance with the provisions of this  rule  shall  be
  read  in  support  of, or in opposition to, the motion, unless the court
  for good cause shall otherwise direct.
    (d) Order to show cause. The court in a proper case may grant an order
  to show cause, to be served in lieu of a notice of motion, at a time and
  in a manner specified therein. An order to show cause  against  a  state
  body  or  officers  must  be  served  in  addition  to  service upon the
  defendant or respondent state body or officers upon the attorney general
  by delivery to an  assistant  attorney  general  at  an  office  of  the
  attorney  general  in  the  county  in  which  venue  of  the  action is
  designated or if there is no office of  the  attorney  general  in  such
  county, at the office of the attorney general nearest such county.

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