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.
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:
Provide a general overview of ex parte ( www.practicallaw.com/5-508-0744) applications and orders to show cause.
Explain how to make specific types of motions.