Quick Tips for Motion to Reargue Queens, New York Supreme Court

Motion to Reargue Must be Made Within Thirty (30) Days of Decision

The moving party can elect one of two briefing schedules: “16-7-1” or “8-2”.

 

16-7-1 Briefing Schedule

Under the “16-7-1” briefing schedule, the moving party must serve the notice of motion and motion papers at least 16 days before the return date of the motion. CPLR 2214(b). Then the opposing party must serve answering papers and any notice of cross-motion, with supporting papers, if any, at least 7 days before the return date and then the moving party may serve a reply brief or responding affidavit(s) at least 1 day before the return date. CPLR 2214(b) (amended eff 7/3/07).

8-2 Briefing Schedule

Under the “8-2” briefing schedule, the moving party must serve the notice of motion and motion papers at least 8 days before the return date of the motion. CPLR 2214(b). Then the opposing party must serve answering papers at least 2 days before the return date. CPLR 2214(b).

If papers are served by mail, the serving party must add 5 days to the notice period, 1 day if service is by overnight delivery. CPLR 2103(b)(2) and (6). No additional time is required for service by facsimile or electronic transmission. CPLR 2103(b)(5) and (7)(amended eff 8/31/09). Thus, a moving party choosing the “16-7-1” briefing schedule must serve moving papers by mail at least 21 days before the hearing, 17 days if service is by overnight delivery.

 

For Unassigned Cases — File 5 Days After Service

Deliver Originals to Court at Least 5 Business Days Before Return Date

The “motion notice letter” must be no more than 2 pages long, and must outline the issues in dispute and request a telephone conference.

Any opposing party intending to file a cross-motion must send a “similar motion notice letter” to the Court and counsel.

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).

 

To access a complete SmartRules Guide with all tips and information for a Motion to Reargue, visit www.smartrules.com.

 

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