UR 202 Commercial Division Volume 3 Flashcards
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 16. Motions in General.
- The movant, or the party making the motion, must clearly state the specific relief they are seeking
- All relevant pleadings and documents must be attached, ensuring that exhibits are clearly separated using divider pages.
- If a document is lengthy and only specific portions are relevant, only those excerpts should be attached, with the full document submitted separately.
- Foreign language documents must be properly translated.
- If the motion relies on a decision or authority that the court may not have easy access to, the court may request a copy from counsel, who should adhere to Rule 6 hyperlinking guidelines.
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§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 16. Motions in General.
- (b) Proposed Orders. When appropriate, proposed orders should be submitted with motions, except a dispositive motion.
- (b) Proposed Orders. When appropriate, proposed orders should be submitted with motions, except a dispositive motion.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 16. Motions in General.
- (b) Proposed Orders. When appropriate, proposed orders should be submitted with motions, except a dispositive motion.
Non-dispositive motions may be adjourned on consent no more than ____ times for a total of no more than ______ days unless otherwise directed by the court.
3…………..60
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 16. Motions in General.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 17. Length of Papers.
Unless otherwise permitted by the court:
(i) briefs or memoranda of law shall be limited to _______ words each;
(ii) reply memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief;
(iii) affidavits and affirmations shall be limited to ________ words each.
The word count shall exclude the caption, table of contents, table of authorities, and signature block.
7000…. 4,200 .. 7000
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 18. Sur-Reply and Post-Submission Papers.
Without permission, Sur-reply papers are not allowed unless to inform the court of a relevant post-submission decision, and opposing counsel should not respond to non-compliant materials.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 18. Sur-Reply and Post-Submission Papers.
Without permission, Sur-reply papers are not allowed unless to inform the court of a relevant post-submission decision, and opposing counsel should not respond to non-compliant materials.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 19. Orders to Show Cause.
Motions shall be brought on by order to show cause only when there is genuine _________ (e.g., applications for provisional relief), a stay is required or a statute mandates so proceeding. Absent advance permission, reply papers shall not be submitted on orders to show cause.
urgency
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 19-a. Motions for Summary Judgment; Statements of Material Facts.
For summary judgment motions, both parties must provide numbered statements of material facts, with evidence citations, to support or dispute each fact. The moving party’s facts are deemed admitted unless specifically controverted by the opposing party.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 19-a. Motions for Summary Judgment; Statements of Material Facts.
For summary judgment motions except those under CPLR 3213, the court may require a separate numbered statement of undisputed material facts attached to the notice of motion.
The opposition papers must include a numbered response to each paragraph in the moving party’s material statement of facts. The movant must provide the respondent with a copy of the material statement in the same word processing format. The respondent may also include a separate numbered statement of disputed material facts.
Each numbered paragraph in the moving party’s material statement is deemed admitted unless specifically controverted by a correspondingly numbered paragraph in the opposing party’s statement.
Each statement of material fact by either party must be followed by a citation to supporting or opposing evidence.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 20. Temporary Restraining Orders.
Unless the moving party can demonstrate that there will be significant prejudice by reason of giving notice, a temporary restraining order will not be issued ex parte. The applicant must give notice, including copies of all supporting papers, to the opposing parties sufficient to permit them an opportunity to appear and contest the application.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 20. Temporary Restraining Orders.
Unless the moving party can demonstrate that there will be significant prejudice by reason of giving notice, a temporary restraining order will not be issued ex parte. The applicant must give notice, including copies of all supporting papers, to the opposing parties sufficient to permit them an opportunity to appear and contest the application.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 21. Courtesy Copies.
Courtesy copies should not be submitted unless requested or as herein provided. However, courtesy copies of all motion papers and proposed orders shall be submitted in cases in the court’s Filing by Electronic Means System.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 21. Courtesy Copies.
Courtesy copies should not be submitted unless requested or as herein provided. However, courtesy copies of all motion papers and proposed orders shall be submitted in cases in the court’s Filing by Electronic Means System.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 22. Oral Argument.
Any party may request oral argument on a motion, but the court will decide on a case-by-case basis whether to grant the request. If granted, counsel will be notified at least ______ days in advance and will be expected to argue the motion, discuss potential resolutions, and/or schedule a trial or hearing.
$14
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 24. Advance Notice of Motions
The rule does not prevent parties from making necessary motions, but pre-motion conferences must be held to allow the court to resolve issues before motion practice and to manage the case schedule. Failure to comply with this rule may result in the motion being delayed until the court has an opportunity to confer on the matter.
This rule does not apply to disclosure disputes covered by Rule 14, to certain dispositive motions, or to motions to be relieved as counsel, for pro hac vice admission, for reargument, or in limine.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 24. Advance Notice of Motions
The rule does not prevent parties from making necessary motions, but pre-motion conferences must be held to allow the court to resolve issues before motion practice and to manage the case schedule. Failure to comply with this rule may result in the motion being delayed until the court has an opportunity to confer on the matter.
This rule does not apply to disclosure disputes covered by Rule 14, to certain dispositive motions, or to motions to be relieved as counsel, for pro hac vice admission, for reargument, or in limine.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 24. Advance Notice of Motions
Before filing a motion, the moving party’s counsel must send the court a ___ -page motion notice letter outlining the issue(s) in dispute and requesting a telephone conference. A similar motion notice letter must be sent to the court and counsel if a cross-motion is contemplated. This correspondence will not be considered by the court in its decision on the merits of the motion.
two
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 24. Advance Notice of Motions
The court will schedule a telephone or in-court conference with counsel after reviewing the motion notice letter. Counsel who are fully familiar with the matter and have authority to bind their client must be available to participate in the conference. Failure to attend the scheduled conference without good cause may result in the motion being granted without opposition and/or the imposition of sanctions.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 24. Advance Notice of Motions
The court will schedule a telephone or in-court conference with counsel after reviewing the motion notice letter. Counsel who are fully familiar with the matter and have authority to bind their client must be available to participate in the conference. Failure to attend the scheduled conference without good cause may result in the motion being granted without opposition and/or the imposition of sanctions.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
If a case is resolved during a conference, the court may issue an order or direct parties to submit a letter confirming the resolution for approval. If not resolved, parties must set a court-approved briefing schedule. Failure to comply may result in the unopposed submission or dismissal of the motion.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
If the matter is resolved during the conference, the court may issue an order consistent with the resolution or direct counsel to submit a letter confirming the resolution for the court’s approval. The court may, at its discretion, hold the conference on the record.
If the matter cannot be resolved, the parties must set a briefing schedule for the motion, which must be approved by the court. Failure to comply with the briefing schedule without good cause may result in the submission of the motion unopposed or the dismissal of the motion, as may be appropriate.
All notices of motion and orders to show cause must state that the rule has been complied with.
