Current through Register Vol. 46, No. 39, September 25, 2024
(a) Motion parts and calendars.
There shall be such motion parts and motion calendars as the Chief
Administrator of the Courts shall designate.
(b) Motion procedure.
(1) All contested motions and
proceedings shall be returnable at 9:30 a.m. unless an earlier time is directed
by the court. The moving party shall serve copies of all affidavits and briefs
upon the adverse parties at the time of service of the notice of motion. The
answering party shall serve copies of all affidavits and briefs as required by
CPLR 2214. Affidavits shall be for a statement of the relevant facts, and
briefs shall be for a statement of the relevant law. Unless otherwise directed
by the court, answering and reply affidavits and all other papers required to
be furnished to the court by CPLR 2214(c) must be filed no later than the time
of argument or submission of the motion.
(2) A judge presiding in any part of
court where motions are returnable may determine that any or all motions in
that part be orally argued and may direct that moving and responding papers be
filed with the court prior to the time of argument.
(3) Unless oral argument has
been requested by a party and permitted by the court, or directed by the court,
motion papers received by the clerk of the court on or before the return date
shall be deemed submitted as of the return date. Attendance by counsel or pro
se party at the calendar call shall not be required unless:
(i) a party intends to make an
application to the court that is not on the consent of all parties;
(ii) attendance of counsel or
oral argument is directed by the court; or
(iii) oral argument is requested by a
party.
Attendance by counsel for a party not
requesting oral argument is not required where the hearing of oral argument is
based solely upon the request of another party. A party requesting oral
argument shall set forth such request in its notice of motion or on the first
page of the answering papers, as the case may be. A party requesting oral
argument on a motion brought on by an order to show cause shall do so as soon
as practicable before the time the motion is to be heard.
(4) Where there is an
issue of fact to be tried the court may, in its discretion, order an immediate
trial of such issue, in which event the action shall be referred to the
administrative judge or a designee for assignment.
