New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
Part 212 - Uniform Civil Rules for the District Courts
Section 212.11 - Motion parts; motion calendars; 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 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 on the request of another party. A party requesting oral argument shall set forth such request in the 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.