Motion Practice in New York State Supreme Court Toolkit

Resources to assist counsel when making a motion in New York State Supreme Court. Specifically, this Toolkit offers resources providing guidance on pre-motion considerations, drafting the documents required on a motion, serving and filing a motion, decision and post-decision procedures, and procedures for certain commonly made motions.

Practical Law Litigation

Motions are a significant part of civil litigation and are generally used by parties to obtain a court order. Motions may be used to:

  • Address preliminary issues and resolve non-dispositive matters, such as disclosure disputes.

  • Obtain provisional remedies, such as a temporary restraining order or preliminary injunction.

  • Dispose of a case entirely or in part, such as with a motion to dismiss or a motion for summary judgment.

This Toolkit offers resources to guide attorneys in making a motion on notice in the supreme court (the main trial-level court). The resources explain:

  • The preliminary considerations before making a motion.

  • How to format and draft the documents required for a motion.

  • How to serve and file motion papers.

  • What steps to take after receiving a decision on a motion.

This Toolkit also offers resources that:

 

Practice Notes and Toolkits

 

Standard Documents

 

Checklists

 
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