Motion Practice in New York State Supreme Court Toolkit | Practical Law

Motion Practice in New York State Supreme Court Toolkit | Practical Law

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 required documents, serving and filing a motion, and decision and post-decision procedures. It also includes resources about certain commonly made motions and county-specific procedures.

Motion Practice in New York State Supreme Court Toolkit

Practical Law Toolkit 3-572-3826 (Approx. 17 pages)

Motion Practice in New York State Supreme Court Toolkit

by Practical Law Litigation
MaintainedNew York
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 required documents, serving and filing a motion, and decision and post-decision procedures. It also includes resources about certain commonly made motions and county-specific procedures.
Motions are a significant part of civil litigation and are generally used by parties to obtain a court order. Counsel may use motions to:
  • Address preliminary issues and resolve nondispositive matters, such as disclosure disputes.
  • Dispose of a case entirely or in part, such as with a motion to dismiss or a motion for summary judgment.
  • Set aside a verdict and obtain a new trial.
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.
  • Certain specific types of motions.
  • Court- and county-specific procedures.
For resources on ex parte applications and orders to show cause, see Provisional Remedies in New York Toolkit.

Resources For Specific Motions