Legislation

Search OpenLegislation Statutes

Viewing most recent revision (from 2014-09-22)

SECTION 3214

Motions heard by judge supervising disclosure; stay of disclosure

Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 32

Rule. 3214. Motions heard by judge supervising disclosure; stay of
disclosure. (a) Judge supervising disclosure. Unless the chief
administrator of the courts has, by rule, provided otherwise, if a case
has been assigned to a judge to supervise disclosure pursuant to section
3104, all motions preliminary to trial shall be referred to such judge
whenever practicable.

(b) Stay of disclosure. Service of a notice of motion under rule 3211,
3212, or section 3213 stays disclosure until determination of the motion
unless the court orders otherwise. If the motion is based solely on the
defense that the summons and complaint, summons with notice, or notice
of petition and petition was not properly served, disclosure shall not
be stayed unless the court orders otherwise.