Use this Cheat Sheet to learn all the statewide rules of civil procedure applicable to a motion to reargue in New York Supreme Court. For more detailed coverage of motions to reargue, including local rules, please see the SmartRules New York Supreme Court Motion to Reargue Guides, the SmartRules New York Supreme Court Opposition to Motion to Reargue Guides, the SmartRules NewYork Supreme Court Replies in Support of Motion to Reargue Guides, the New York Supreme Court General Motions Guides, and New York Codes, Court and Forms coverage.
Motion to Reargue Rules
A motion to reargue a point decided by the trial court must be made within thirty (30) days of service of a copy of the order and written notice of its entry. This thirty (30) day requirement does not apply to motions directed at decisions of the Court of Appeals. CPLR 2221(d)(3).
Although the term “motion for reconsideration” is sometimes used by New York practitioners, the CPLR does not officially sanction such motions. Motions seeking change in a prior court decision based on previously overlooked, misapprehended or not offered facts or evidence are designated as motions to renew or reargue. CPLR 2221.
A motion to reargue a point decided by the court may only be made based on matters of fact or law which were presented by the parties but allegedly overlooked or misapprehended by the court in its decision. CPLR 2221(d)(2).
A motion to renew may be made to raise facts not offered in relation to the original motion that would change the determination or where there has been a change in the law that effects the prior determination. CPLR 2221(e)(2). When a motion to renew is made based on facts not previously offered, reasonable justification for the failure to offer the facts in relation to the original motion must be shown. CPLR 2221(e)(3).
Motions to renew or reargue, or combined motions, must specifically identify the type of relief sought, whether it is renewal, reargument, or both. CPLR 2221(d)(1); CPLR 2221(e)(1); CPLR 2221(f).
A motion pursuant to CPLR 2221 must be made to the same judge who signed the order that is at issue, unless that judge is unable to hear the motion. CPLR 2221(a).
A motion pursuant to CPLR 2221 can be made to other than the original judge if the order was made upon a default, in which case the motion may be made, on notice, to any judge of the court; and if the order was made without notice, (for example on an ex parte motion), the motion may be made, without notice, to the judge who signed it, or, on notice, to any other judge of the court. CPLR 2221(a).