SUPREME COURT, CIVIL BRANCH

New York County

60 Centre Street, New York, N.Y. 10007

HELP CENTER
Room 116
646-386-3120

How to Make a Motion

Note: All persons involved in a lawsuit should consult an attorney. This office gives you
information, forms and instructions on court procedures. As an office of this court, we
cannot give legal advice or act as your advocate.

A motion is a request for a court order. It can only be made after a lawsuit has been
started. The party (plaintiff or defendant) making the motion is known as the movant.

What You Need to Know

- There is a $45 fee to file a motion with the court.

Pay by cash, Visa/MasterCard, or postal money order made out to the “New York
County Clerk.”

- There is an additional fee of $95 if the case is not yet been assigned to a Judge.
This fee is charged only once per case and paid by the first party in the case who
requests a court order or conference. If you have a limited income, ask in Room 116
about applying for a Poor Person Order, which will allow you to make a motion
without paying these fees.

- You are required to have all parties to the lawsuit notified that you are making a motion.
This is done by having someone over the age of 18, who is not a party in the case,
serve a copy of the motion papers on the attorney of each party or, if the party is
unrepresented, on the party. You cannot serve your own papers.

You may refer to the Civil Practice Law and Rules (CPLR) Article 22 for a more detailed
discussion of motion practice. The Public Access Law Library at 80 Centre Street, Room 468,
New York, N.Y, is open to the public, Monday to Friday, 9:30 A.M. to 4:30 P.M., 646-386-
3715.
Electronic Filing
The New York State Unified Court System operates an electronic filing system for cases
filed and litigated in various state courts, including the New York State Supreme Court. This
system is the New York State Courts Electronic Filing System (“NYSCEF”).
Unrepresented persons may (without obligation) commence a new case through NYSCEF.
The discussion that follows assumes that the case is a paper case. In an e-filed case,
the steps to be followed would be the same, but filings with the County Clerk and the
court would be made via NYSCEF. Information about e-filing can be found on the
NYSCEF website at: www.nycourts.gov/efile

Notice of Motion (see attached form) – This form notifies all parties that you are making a
motion and describes what you are requesting. You must include the date to come to court,
known as the return date, time and courtroom (9:30 AM in the Motion Submission Part
Courtroom (Room 130)). You pick the return date and may choose any Monday to Friday that
does not fall on a holiday. Picking a return date more than 16 days after the day the motion
papers will be served will allow you to have someone serve by regular mail, and allow you to
make a written response to any opposition to your motion.
A motion can in some circumstances be brought on by Order to Show Cause. See “How
to File a Proposed Order to Show Cause.”

Motion to Dismiss
If a defendant decides to make a motion to dismiss before answering a complaint, he
or she must include certain types of objections or defenses in the motion. If not included, they
will be considered waived (given up). See CPLR 3211 (a) 1,3,4,5, and 6. To avoid losing
any defenses you may have, carefully review this statute before making a motion to dismiss.

When You File A Motion by Notice of Motion

- You pick the date to come to court.

- Your request does not need immediate attention.
- You cannot ask for a Temporary Restraining Order (TRO) to stay (stop) an action
being taken by a party.
- Service of motion papers is done before filing the papers with the court.
- Motion papers may be served by regular mail.
- You are not required to appear in front of the Judge unless you are notified to
appear.
Affidavit in Support (see attached) - The affidavit is your sworn statement and it must fully
explain your request. You will not speak to the Judge unless the Judge wants “oral argument.”
The Judge’s decision is based on the papers submitted by all parties.
Attach any Exhibits (copies of documents that help explain and support your request) to
your affidavit. Label each exhibit at the bottom of the page, as Exhibit A, Exhibit B, and so
on. Exhibits will not be returned. You must sign your affidavit in front of a notary. There is a
free notary in the County Clerk’s Office, 60 Centre Street, Room 141B, in the basement.

Litigation Back - On the right side of the Litigation Back, in black ink, fill in the Index Number,
name(s), of Plaintiff(s), and Defendant(s). Sign and print your name, address, and telephone
number. Do not fill in the left side of the page.

Request for Judicial Intervention (RJI) - If the case has not yet been assigned to a Judge,
the first party to request a court order must file this form and pay the $95 fee. You may access
the RJI form at www.nycourts.gov/forms/rji/index.shtml, or contact the Help Center staff.

Preparing and Filing the Notice of Motion and Supporting Papers

*Complete each step. Do not skip a step. Check the box when done.*

□ Arrange the papers listed below in the following order.

1st Request for Judicial Intervention (RJI) if the case is not yet assigned to a Judge.
2nd Notice of Motion.
3rd Affidavit in Support.
4th Exhibit A, B, C and so on.
5th Litigation Back.
This is the original set of Notice of Motion and Supporting papers, which will go to the
Judge. Make sure you have copies served, not the original.
□ Statements of fact are made in the Affidavit in Support. More than one such affidavit is
permissible, if necessary. Any legal issues raised by the movant should be included in a
document separate from but accompanying the Notice of Motion and Supporting papers.
This document is called a Memorandum of Law.

□ Make copies of the original Notice of Motion and Supporting papers (and RJI, front and
back, if the case is not assigned to a Judge). You must have one copy for each
unrepresented party or attorney to be served and one copy for your records. After the
copies are made, staple each set together and staple the original.
Serving Copies of the Notice of Motion and Supporting Papers and the Affidavit of
Service

□ The server gives a copy of the Notice of Motion and Supporting papers (and a copy of the
RJI if the case is not assigned to a Judge) to each unrepresented party and each attorney.
Service may be done by regular or overnight mail or personal service.
The server then signs an affidavit of service in front of a notary. This affidavit
describes when, how, and where service was made and identifies the papers and the parties
served.
Or, the server may ask a party or attorney being served by personal service if they
will sign or “stamp” the Litigation Back of the original Notice of Motion papers and the RJI
form. The “stamp” is accepted as proof of service and can substitute for the Affidavit of
Service insofar as the accepting party or attorney is concerned. However, the person served
is not obligated to admit service. Make a copy of the proof of service for your records.

Filing the Original Notice of Motion and Supporting Papers with the Court

□ After service, and at least 5 business days before the return date, go to the General
Clerk’s Office, 60 Centre Street, Room 119, 1st floor, with the following papers:
- original Notice of Motion and Supporting papers
- original RJI and one copy, if also served
- Affidavit of Service or a party’s or attorney’s admission of service on the Notice of
Motion papers and RJI (if a Judge has not yet been assigned)

□ Take your papers to Room 119. The Clerk will stamp your original papers and send you
to the Cashier in Room 160, 1st floor, to pay the $45 motion fee (and $95 RJI fee, if an
RJI was also served).
□ In Room 160, the Cashier will also stamp your original papers (and keep the copy of the
RJI, if also served). In Room 160, make a copy only of the two Notice of Motion pages.
□ Return to Room 119. Give the Clerk the original Notice of Motion and Supporting papers,
the copy of the Notice of Motion pages (and original RJI).

Coming to Court on the Return Date *DO NOT BE LATE*

□ At 9:30 A.M. on the return date, be in the Motion Submission Part Courtroom, 60 Centre
Street, Room 130, 1st Floor. The calendar, which is a list of all motions scheduled, is
posted near the door. Listen to the Clerk and answer “Here” when your motion is called.
 An unrepresented party or attorney can:
- Contact you before or on the return date to ask for an adjournment to submit
papers. An adjournment is a new date agreed to by the parties or set by the court.

- If the parties do not agree, the court will hear the request on the return date.

- Requests for adjournments must be made in person, in Room 130. Or a party can
answer with an Affidavit in Opposition asking that your motion be denied, or,

- A party can make a motion in response to your motion, known as a Cross-Motion.

This is done when a party wants to request an order for a form of relief in addition
to denial of your motion. Opposition and cross-moving papers can be served by
mail.

You can:
Request an adjournment to submit Reply papers.
A Reply allows you to respond only to statements or arguments made in
opposition papers.
You may not make new requests in Reply papers.
Note: A reply is allowed only if your motion was served at least 8 days by personal
service or, if served by mail, at least 16 days before the return date.
A copy of your Reply must be served at least 1 day before the return or
adjournment date by personal or mail service. A sample Reply form is available
in Room 116.

Original opposition and original Reply papers, with proof of service, are filed in Room
130, on the return or adjournment date.
After Reply papers, no further papers may be submitted without permission of a Judge.

Court Clerks will then send the papers to the Judge. If the Judge wants “oral argument,” you will
be notified, usually by mail, of the date, time, and courtroom. If “argument” is directed, you must
appear to speak to the Judge or your motion may be denied. The Judge will issue a written
decision, usually within 2 months.

Getting a Decision on Your Motion

□ It is your responsibility to check if a decision has been made.

- Go to the web site of the court at www.nycourts.gov/supctmanh (under “Case Information
(Scroll)”).
 Decisions in matrimonial cases are not posted.
- Or use a public access court computer located in Rooms 119, 311 and 141B.
- Or check the case file, under the Index Number, in the County Clerk’s Office Record Room,
Room 103B, in the basement at 60 Centre Street, from 9:00 A.M. to 3:00 P.M.
-Or sign up for an eTrack Account at www.nycourts.gov. eTrack is a case tracking service
which enables you to track active Supreme Civil Court cases from all 62 counties of New
York State.
[Print in black ink beside instructions in bold letters]

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
---------------------------------------------------------------------------x Index Number

_________________________________________________, ______________________
[fill in name(s)] Plaintiff(s),
- against- NOTICE OF MOTION

_________________________________________________,
[fill in name(s)] Defendant(s).
-----------------------------------------------------------------------------x

PLEASE TAKE NOTICE that upon the attached affidavit(s) of ______________________________

_____________________________________ [your name(s], sworn to on ________________________, 20______

[date Affidavit in Support notarized], the exhibits attached to the affidavit(s), and upon all proceedings

in this case to date, the plaintiff(s) / defendant(s) [circle one and give name of party making this

request] ___________________________________________________ will move this Court, at 9:30 A.M. on the

____ day of _______________________, 20___, [return date] at the Courthouse, 60 Centre Street, New York,

New York, in the Motion Submission Part Courtroom, Room 130, for an order, pursuant to the Civil

Practice Law and Rules (CPLR), granting the following relief to the movant(s):

[briefly describe what you are asking the Court to do] _________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

and for such other and further relief as this Court may deem just and proper.
 PLEASE TAKE FURTHER NOTICE, that pursuant to Civil Practice Law and Rules 2214(b), you

are hereby required to serve copies of your answering affidavits on the undersigned no later than the

seventh day prior to the date set above for submission of this motion. [For this paragraph to apply,

motion papers must be served by personal delivery no later than 16 days before the return date.

Dated: __________________________, 20___

[date signed]
Respectfully submitted,

_____________________________________________
[sign your name]

_____________________________________________
[print your name]

_____________________________________________

_____________________________________________

_____________________________________________
[address, telephone number]

To: Attorney for Plaintiff(s) / Defendant(s) [circle one]

_________________________________________

_________________________________________

_________________________________________

_________________________________________
[print name, address, telephone number]
[Print in black ink all areas in bold letters]

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
---------------------------------------------------------------------------------------x Index Number

___________________________________________________, _____________________
[fill in names(s)] Plaintiff(s)/Petitioner(s),

AFFIDAVIT IN SUPPORT
- against -

___________________________________________________,
[fill in name(s)] Defendant(s)/Respondent
---------------------------------------------------------------------------------------x
STATE OF NEW YORK)
COUNTY OF NEW YORK) ss:

___________________________________________ [your name], being duly sworn, deposes

and says:
1. I am [circle one] the plaintiff/ petitioner/ defendant/ respondent in this matter. I make this
affidavit in support of this motion for an order [Describe what you are asking the Court to do. This
relief must also be stated in the Notice of Motion or Order to Show Cause.] ________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
2. I believe the Court should grant this motion because [Explain why you should be granted
what you are requesting. Attach, identify, and explain any Exhibits (documents) you wish to
submit to the court in support of your position. Add more pages if needed.] _______________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
3. A prior application [circle one] has not / has been made for the relief now requested [If you
made this application before in this or any other court, describe where, when, the result and
why you are making it again. Attach copies of previous decisions.]
_______________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

WHEREFORE, I respectfully request that the motion be granted, and that I have such other and
further relief as may be just and proper.

Sworn to before me on the ________________________________

_____ day of _______________, 20_____ [sign your name in front of a Notary]
__________________________________ _________________________________
Notary Public [print your name]
 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------x Index Number

________________________________________________, ________________________
[fill in name(s)] Plaintiff(s)/Petitioner(s),

- against- AFFIDAVIT OF SERVICE AFTER

COMMENCEMENT OF LITIGATION
________________________________________________,
[fill in name(s)] Defendant(s)/Respondent(s).
--------------------------------------------------------------------------x
STATE OF NEW YORK
COUNTY OF ________________ ss:
I, [name of person who served papers] ___________________________________________________,
being duly sworn, depose and say:
I am over 18 years of age and am not a party to this case.
I reside at [your address] ________________________________________________________________
On [date of service] ___________________, 20__, at [time of day] _____ AM/PM, I served a true copy of
the following papers [identify papers served] _____________________________________________________
_________________________________________________, in the following manner: [check box that applies]:

R Personal By personally delivering the papers to [identify person served] _________________________

Service _______________at [address]___________________________________________________

The individual I served had the following characteristics [check one box in each category]
Sex Height Weight Age
R Male R Under 5' R Under 100 lbs. R 21 - 34 years
R Female R 5'0" - 5'3" R 100 - 130 lbs. R 35 - 50 years
R 5'4" - 5'8" R 131 - 160 lbs. R 51 - 61 years
R 5'9" - 6'0" R 161 - 200 lbs. R Over 61 years
R Over 6' R Over 200 lbs.
Color of skin [describe] _______________ Hair color ______________________________
Other identifying features, if any [describe]: _______________________________________

R Mail By mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official
depository of the U.S. Postal Service within the State of New York, addressed to the last-known
address of the addressee(s) indicated below:

R Overnight By depositing the same with an overnight delivery service in a wrapper properly addressed. Said
Delivery delivery was made prior to the latest time designated by the overnight delivery service for
Service overnight delivery. The delivery service used was [name of delivery service__________________

[Name(s) and address(es) of person(s) served by mail/overnight delivery]:

____________________________________________ _____________________________________________
____________________________________________ _____________________________________________
____________________________________________ _____________________________________________
____________________________________________ _____________________________________________

Sworn to before me this _____________________________________

_____ day of __________________, 20__ [sign your name before a Notary]

_____________________________ _____________________________________
Notary Public [print your name]
*****************NOTICE OF ENTRY******************* INDEX NUMBER _________________________________
Sir/Madam:
Please take notice that the within is a (certified) true copy of a SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_____________________ duly entered in the office of the clerk of ______________________________________________________
In the Matter of the Application of
the within named court on the ___ day of _______________, 20___ _____________________________________________________,
Plaintiffs/Petitioners,
Dated: Yours, etc. - against -
Attorney for: ____________________________
_____________________________________________________,
____________________________ Office and Post Defendant/Respondent,
______________________________________________________
____________________________ Office Address
____________________________ ______________________________________________________
To the best of my knowledge, information and belief, formed
To: after an inquiry reasonable under the circumstances, the presentation
Attorney(s) for __________________________________________ of these papers and the contentions therein are not frivolous as defined
in subsection (c) of section 130 1.1 of the Rules of the Chief
***************NOTICE OF SETTLEMENT**************** Administrator (22NYCRR).
Sir/Madam:
Please take notice that an _________________________________, Sign Name: ____________________________________________
of which the within is a true copy will be presented for settlement
to the Hon. ____________________________, one of the Justices Print Name: ____________________________________________
of the within court, at __________________________________, on
__________________________, 20___ at ___________ AM/PM. Address: ______________________________________________
_______________________________________________________
Dated: ____________________, 20___ Yours, etc. _______________________________________________________
Telephone: _____________________________________________
Presenting Party __________________________________________ _______________________________________________________
_____________________________________________
_____________________________________________ Service of a copy of the within is hereby admitted

To: _________________________________________ Dated: _________________________________________, 20____

Attorney(s) for _________________________________________
_________________________________________ Attorney for ____________________________________________