S T A T E O F N E W Y O R K
________________________________________________________________________
3119
1999-2000 Regular Sessions
I N A S S E M B L Y
January 28, 1999
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Codes
AN ACT to amend the civil practice law and rules, in relation to the
time for service of motion papers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions (a), (b) and (c) of rule 2214 of the civil
2 practice law and rules, subdivision (b) as amended by chapter 177 of the
3 laws of 1984, are amended to read as follows:
4 (a) Notice of motion. A notice of motion shall specify the time and
5 place of the hearing on the motion, THE NAME OF THE ASSIGNED JUDGE OR
6 JUSTICE IF ONE IS ASSIGNED PRIOR TO THE TIME NECESSARY UNDER THIS RULE
7 FOR SERVICE OF THE NOTICE OF MOTION, the supporting papers upon which
8 the motion is based, the relief demanded and the grounds therefor.
9 Relief in the alternative or of several different types may be demanded.
10 (b) Time for service of notice and affidavits. {A} (1) FOR ANY MOTION
11 BROUGHT UNDER ARTICLE THIRTY OR THIRTY-ONE OF THIS CHAPTER A notice of
12 motion and supporting affidavits, EXHIBITS AND MEMORANDA OF LAW shall be
13 served at least {eight} FIFTEEN BUSINESS days before the time at which
14 the motion is noticed to be heard. Answering affidavits, EXHIBITS AND
15 MEMORANDA OF LAW shall be served at least {two} SEVEN BUSINESS days
16 before such time. {Answering affidavits shall be served at least seven
17 days before such time if a notice of motion served at least twelve days
18 before such time so demands; whereupon any reply affidavits shall be
19 served at least one day before such time} REPLY AFFIDAVITS, EXHIBITS AND
20 MEMORANDA OF LAW SHALL BE SERVED AT LEAST TWO BUSINESS DAYS BEFORE SUCH
21 TIME.
22 (2) FOR ANY MOTION OTHER THAN ONE UNDER PARAGRAPH ONE OF THIS SUBDIVI-
23 SION, AND OTHER THAN ONE FOR WHICH SPECIFIC TIME LIMITATIONS ARE
24 PROVIDED, A NOTICE OF MOTION AND SUPPORTING AFFIDAVITS, EXHIBITS AND
25 MEMORANDA OF LAW SHALL BE SERVED AT LEAST TWENTY BUSINESS DAYS BEFORE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD07626-01-9
A. 3119 2
1 THE TIME AT WHICH THE MOTION IS NOTICED TO BE HEARD. ANSWERING AFFIDA-
2 VITS, EXHIBITS AND MEMORANDA OF LAW SHALL BE SERVED AT LEAST NINE BUSI-
3 NESS DAYS BEFORE SUCH TIME. REPLY AFFIDAVITS, EXHIBITS AND MEMORANDA OF
4 LAW SHALL BE SERVED AT LEAST TWO BUSINESS DAYS BEFORE SUCH TIME.
5 (3) FOR PURPOSES OF THIS SUBDIVISION AND RULE TWENTY-TWO HUNDRED
6 FIFTEEN, BUSINESS DAY SHALL MEAN ANY DAY OTHER THAN SATURDAY, SUNDAY OR
7 A PUBLIC HOLIDAY AS DEFINED BY SECTION TWENTY-FOUR OF THE GENERAL
8 CONSTRUCTION LAW. SERVICE UNDER PARAGRAPH ONE OF SUBDIVISION (B) OF RULE
9 TWENTY-ONE HUNDRED THREE OR PARAGRAPH FIVE OF SUBDIVISION (B) OF RULE
10 TWENTY-ONE HUNDRED THREE COMPLETED AFTER FIVE O`CLOCK P.M. SHALL BE
11 CONSIDERED TO HAVE BEEN MADE ON THE NEXT BUSINESS DAY.
12 (c) Furnishing papers to the court. Each party shall furnish to the
13 court all papers served by him{. The moving party shall furnish at the
14 hearing all other papers not already in the possession of the court
15 necessary to the consideration of the questions involved. Where such
16 papers are in the possession of an adverse party, they shall be produced
17 by him at the hearing on notice served with the motion papers} OR HER AT
18 LEAST TWO BUSINESS DAYS PRIOR TO THE TIME AT WHICH THE MOTION IS NOTICED
19 TO BE HEARD, UNLESS BY LOCAL ADMINISTRATIVE RULE, SOME OTHER TIME FOR
20 FURNISHING PAPERS IS PROVIDED. SUCH PAPERS SHALL BE FURNISHED TO THE
21 CHAMBERS OF THE ASSIGNED JUDGE OR JUSTICE, UNLESS SOME OTHER METHOD OR
22 LOCATION IS PROVIDED FOR BY LOCAL ADMINISTRATIVE RULE, OR BY INDIVIDUAL
23 RULE OF THE ASSIGNED JUDGE OR JUSTICE. Only papers served AND FURNISHED
24 TO THE COURT in accordance with the provisions of this rule OR ANY RULE
25 PROMULGATED OR NOTICED BY THE ASSIGNED JUDGE OR JUSTICE shall be read in
26 support of, or in opposition to, the motion, unless the court for good
27 cause shall otherwise direct.
28 S 2. Rule 2215 of the civil practice law and rules, as amended by
29 chapter 132 of the laws of 1980, is amended to read as follows:
30 Rule 2215. Relief demanded by other than moving party. At least
31 {three} NINE BUSINESS days prior to the time at which the motion is
32 noticed to be heard, a party may serve upon the moving party a notice of
33 cross-motion demanding relief, with or without supporting papers.
34 CROSS-MOTIONS PURSUANT TO RULE THIRTY-TWO HUNDRED TWELVE ARE PERMITTED
35 ONLY WHERE THE ORIGINAL MOTION IS BROUGHT PURSUANT TO RULE THIRTY-TWO
36 HUNDRED TWELVE. Relief in the alternative or of several different types
37 may be demanded; relief need not be responsive to that demanded by the
38 moving party. ANSWERING AFFIDAVITS, EXHIBITS AND MEMORANDA OF LAW TO
39 SUCH CROSS-MOTION SHALL BE SERVED AT LEAST TWO BUSINESS DAYS PRIOR TO
40 THE TIME AT WHICH THE MOTION IS NOTICED TO BE HEARD. THE MOVING PARTY
41 SHALL NOT BE ENTITLED TO SERVE REPLY PAPERS.
42 S 3. Paragraphs 2 and 6 of subdivision (b) of rule 2103 of the civil
43 practice law and rules, paragraph 2 as separately amended by chapters
44 461 and 478 of the laws of 1989, paragraph 6 as added by chapter 478 of
45 the laws of 1989 and as renumbered by chapter 244 of the laws of 1990,
46 are amended to read as follows:
47 2. by mailing the paper to the attorney at the address designated by
48 that attorney for that purpose or, if none is designated, at the attor-
49 ney`s last known address; service by mail shall be complete upon mail-
50 ing; where a period of time prescribed by law is measured from the
51 service of a paper and service is by mail, OR WHERE ANSWERING OR REPLY
52 PAPERS ARE TO BE SERVED WITHIN A PERIOD OF TIME PRESCRIBED BY LAW MEAS-
53 URED FROM A RETURN DATE, five days shall be added to the prescribed
54 period; or
55 6. by dispatching the paper to the attorney by overnight delivery
56 service at the address designated by the attorney for that purpose or,
A. 3119 3
1 if none is designated, at the attorney`s last known address. Service by
2 overnight delivery service shall be complete upon deposit of the paper
3 enclosed in a properly addressed wrapper into the custody of the over-
4 night delivery service for overnight delivery, prior to the latest time
5 designated by the overnight delivery service for overnight delivery.
6 Where a period of time prescribed by law is measured from the service of
7 a paper OR WHERE ANSWERING OR REPLY PAPERS ARE TO BE SERVED WITHIN A
8 PERIOD OF TIME PRESCRIBED BY LAW MEASURED FROM A RETURN DATE and service
9 is by overnight delivery, one business day shall be added to the
10 prescribed period. "Overnight delivery service" means any delivery
11 service which regularly accepts items for overnight delivery to any
12 address in the state.
13 S 4. This act shall take effect on the first day of January next
14 succeeding the date on which it shall have become a law.
.SO DOC A 3119 *END* BTXT 1999
Bill A03119
[ Bill
Information ]