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This entry was published on 2014-09-22
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Motion papers; service; time
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 22
Rule 2214. Motion papers; service; time. (a) Notice of motion. A
notice of motion shall specify the time and place of the hearing on the
motion, the supporting papers upon which the motion is based, the relief
demanded and the grounds therefor. Relief in the alternative or of
several different types may be demanded.

(b) Time for service of notice and affidavits. A notice of motion and
supporting affidavits shall be served at least eight days before the
time at which the motion is noticed to be heard. Answering affidavits
shall be served at least two days before such time. Answering affidavits
and any notice of cross-motion, with supporting papers, if any, shall be
served at least seven days before such time if a notice of motion served
at least sixteen days before such time so demands; whereupon any reply
or responding affidavits shall be served at least one day before such

(c) Furnishing papers to the court. Each party shall furnish to the
court all papers served by that party. The moving party shall furnish
all other papers not already in the possession of the court necessary to
the consideration of the questions involved. Except when the rules of
the court provide otherwise, in an e-filed action, a party that files
papers in connection with a motion need not include copies of papers
that were filed previously electronically with the court, but may make
reference to them, giving the docket numbers on the e-filing system.
Where such papers are in the possession of an adverse party, they shall
be produced by that party at the hearing on notice served with the
motion papers. Only papers served in accordance with the provisions of
this rule shall be read in support of, or in opposition to, the motion,
unless the court for good cause shall otherwise direct.

(d) Order to show cause. The court in a proper case may grant an order
to show cause, to be served in lieu of a notice of motion, at a time and
in a manner specified therein. An order to show cause against a state
body or officers must be served in addition to service upon the
defendant or respondent state body or officers upon the attorney general
by delivery to an assistant attorney general at an office of the
attorney general in the county in which venue of the action is
designated or if there is no office of the attorney general in such
county, at the office of the attorney general nearest such county.