Calendaring of motions; uniform notice of motion form
(a) There shall be compliance with the procedures prescribed in the NYCCCA and the CPLR for the bringing of motions. 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:
CIVIL COURT OF THE CITY OF NEW YORK
Index No. \_\_\_\_
COUNTY OF
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Petitioner
)
Address
)
NOTICE OF PETITION
)
-against-
)
)
Respondent
)
Address
)
Respondent
)
Address
)
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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).<sup>1</sup>
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 the motion.
[ ]\
(check if applicable)
Dated:
(Print Name)
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Attorney<sup>2</sup> (or Attorney in charge of case if law firm) for moving party
Address:
Telephone number:
(Print Name)
TO:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Attorney<sup>2</sup> for (other party)\
Address:\
Telephone number:
(Print Name)
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Attorney<sup>2</sup> for (other party)\
Address:\
Telephone number:\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(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.
*<sup>1</sup>If 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.*
*<sup>2</sup>If any person is appearing pro se, the name, address and telephone number of such party shall be stated.*
Follow NYCCCA/CPLR motion procedure; no motion goes on the calendar unless a notice of motion is served and filed with the motion papers, in substantially the prescribed form. The form notes that under CPLR 2214(b), answering affidavits must be served at least seven days before the return date. ★ The notice-of-motion form is not required for an order to show cause or ex parte relief.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 6 — The JG-22 Uniform Rules and Everything Else and in Volume 1 — The JG-22 in Plain English.