(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:
DISCTRICT COURT OF THE CITY OF ___________________ | ||
_____________________ District | ||
_______________________x | ||
A.B., | ) | |
Plaintiff, | ) | Notice of Motion |
) | Index No. | |
-against- | ) | __________________ |
) | ||
C.D., | ) | Oral argument is requested [ ] |
Defendant, | ) | (check box if requested) |
) | ||
_____________________________ | ||
To the above named defendant: |
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 | |
Attorney2 (or Attorney in charge of case if law firm) for moving party | |
Address: | |
Telephone Number: | |
(Print Name) | |
___________________________ | |
Attorney2 for (other party) | |
Address: | |
Telephone Number: | |
(Print Name) | |
___________________________ | |
Attorney2 for (other party) | |
Address: | |
Telephone Number: |
1If 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.
2 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.