The Judges of the Civil Term Supreme Court, in order to promote the efficient and impartial administration of justice, hereby adopt the following common and uniform rules (see Note #1):
Papers
Uniform Rules - Discovery Part Rules
Uniform Rules - Foreclosure
Uniform Rules - Commercial Division
Uniform Rules - Matrimonial
Uniform Rules - Condemnation Part Rules
This rule applies to all Civil Term Parts of the Court.
Motions, orders, and other filed papers shall be indexed with protruding tabs. Clerks are required to reject papers that do not have protruding exhibit tabs, except papers in matrimonial cases and papers filed by pro se litigants. Motion papers must be filed with the E-file/Motion Support Office located in Room 227, Ex Parte Office located on the 10th Floor, Foreclosure Part Office located Room 295, OR in the Guardianship/Mental Hygiene Office located in Room 285 (see Note #2), at 360 Adams Street at least five (5) business days before the return date of the motion. Cross-motions must be filed at least two (2) days before the return date of the motion (see Note #3).
Notes
- Rules pertaining to Matrimonial, Commercial, and Foreclosure Parts are incorporated herein. Where rules in such parts differ from general rules, specialized rules shall govern.
- These rules do not otherwise control the Guardianship/Mental Hygiene or Condemnation Parts.
- Room changes may be made upon appropriate notice.
Motions in IAS Parts / Motion Calendar Calls
Motion Calendar Calls
- Motion papers, answering affidavits, and reply affidavits must be served on adversaries in accordance with CPLR 2214.
- Irrespective of the return date indicated in the notice of motion, motions will be rescheduled by the E-file/Motion Support Office to a date designated by the assigned Judge.
- All motions require appearances and oral argument.
- Unless the Judge’s Part Rules provide otherwise, motions may be adjourned twice, on consent, without appearance, for a period not to exceed sixty (60) days from the initial return date of the motion. Adjournment of motions without appearance may be done by usage of stipulation or affirmation submitted no later than the previous workday. Any subsequent adjournment shall be by personal application.
- No courtesy copies of motion papers are required by the Court, except as may be required for electronic filing or by the Judge’s Part Rules. In tort cases against the City of New York, courtesy copies shall be supplied to the Corporation Counsel’s office in Brooklyn.
- Post Note of Issue Summary Judgment Motion: In cases where the City of New York is a defendant and is represented by the Tort Division of the Corporation Counsel’s office, summary judgment motions may be made no later than 120 days after the filing of a Note of Issue. In all other matters, including third-party actions, motions for summary judgment may be made no later than sixty (60) days after the filing of a Note of Issue. In both instances, the above time limitation may only be extended by the Court upon good cause shown. See CPLR 3212(a).
- There shall be two (2) calendar calls on motion days. The first calendar call shall be at 9:30 AM and the second calendar call shall be at 10:45 AM unless the Judge’s Part Rules provide otherwise. Defaults shall only be taken on second call. Attorneys with appearances elsewhere in the courthouse may advise the clerk of their whereabouts to avoid a default. Failure to so advise the clerk or appear at the default calendar call will result in a default order being entered or the motion being marked off the calendar.