(a) There shall be compliance with the procedures prescribed in the UCCA and CPLR for the bringing of motions. In addition, no motion shall be filed with the court unless a notice of motion is served and filed with the motion papers. The notice of motion shall read substantially as follows:
Upon the affidavit of ____, sworn to on ____, 19____, and upon (list supporting papers if any), the …..will move this court at the ____ Courthouse, ____, ____, New York, on the ____ day of ____, 19 ____, at ____ (a.m.) (p.m.) for an order (briefly indicate relief requested).
The above-entitled action is for (briefly state nature of action, e.g., personal injury, contract, property damage etc.). 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 the motion.
(check box if applicable) [ ]
Dated:
(Print Name) | |
______________________ | |
Attorney [FN1] (or Attorney in charge of case if law firm) for moving party Post-office Address Telephone Number | |
(Print Name) | |
TO:__________________ | |
Attorney [FN1] for (other party) Address: Telephone number: | |
(Print Name) | |
________________________ | |
Attorney [FN1] for (other party) Address: Telephone number: |
*If 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.
Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.