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Filing Rules for E-File Motions


A. Motions on Notice

1) Motions/Petitions Returnable in Room 217: A motion on notice or a notice of petition in a New York Supreme Court E-File (hereafter known as NYSCEF) case, as in others, shall be made returnable in the Motion Support Office (Room 217). The motion must be filed with NYSCEF and the motion fee paid for either via NYSCEF by credit/debit card or by the "Pay at the County Clerk's Office" option. The moving documents must be e-filed no later than eight days prior to the return date.

2) Calendaring of Motion/Petition and Notice by Court Staff: After a motion/petition and notice are filed with the NYSCEF system, the Motion Support Office will automatically place the motion/proceeding on the submit calendar in the Motion Support Office (Room 217) for the return date. No appearance or other action by the filing attorney is required in order for the motion to be calendared if the motion fee is paid for via NYSCEF. Motions in e-filed cases (other than tax certiorari cases) appear on the submit calendar for Part IA-23A and IA-6/MM in Room 217 on the return date.

3) Adjournments on Motions/Petitions in Room 217; Appearance Can Be Avoided: Motions that have been e-filed may be adjourned in Room 217 if an adjournment complies with the procedures of the Motion Support Office (explained in the "Filing Rules- Motion Procedure" section of the "Courthouse Procedures" link on the website of this court). An adjournment that so complies may be obtained by filing a stipulation of all parties with NYSCEF (designated in the filing menu as a "Stipulation to Adjourn Motion"). The Office will effectuate the adjournment without need for an appearance or any other action by the parties.

4) (a) Working Copies on Motions in Room 217: After papers on motions have been e-filed, working copies thereof, with Confirmation Notice firmly attached as the back page facing out, must be submitted. (Each document or group of documents that is separately bound shall bear a Confirmation Notice.) Working copies lacking the Notice will not be accepted. WORKING COPIES OF MOTION PAPERS MUST BE SUBMITTED NO LATER THAN 5:00 P.M. ON THE RETURN DATE IN THE MOTION SUPPORT OFFICE (ROOM 217) AS EXPLAINED HEREIN.

If an attorney has failed to submit required working copies on or before the return date, the motion will be transmitted as is to the Justice for such action as the Justice finds appropriate. Attorneys may submit working copies on motions by mail or overnight delivery. Any such submission shall be sent in a timely manner to the Motion Support Office (Room 217) and be conspicuously marked on the outside "NYSCEF Matter"; lack of such marking may delay processing.

(b) Working Copies on OSCs Returnable in the Part; Subsequent Papers Handed up in the Part: On orders to show cause that are made returnable in the Part, working copies of e-filed opposition and (if allowed) reply papers (with backs and tabs) must be delivered to the Part. As to all such documents, and any document the court may allow a party to hand up in the courtroom on a motion/petition on notice beyond those previously submitted in Room 217, the attorney must file each document with NYSCEF and thereafter submit in the part a working copy bearing firmly affixed thereto, as the back page facing out, a copy of the related NYSCEF Notice. Documents lacking a copy of the related Notice will not be accepted.


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B. Orders to Show Cause

1) Proposed Orders to Show Cause and Supporting Documents to be Filed On-Line: Except as provided in the following paragraph, proposed orders to show cause and supporting documents in all NYSCEF cases must be submitted by filing with the NYSCEF system; original documents will not be accepted by the Clerk. Counsel must comply with Uniform Rule 202.7 (f) regarding notice of the application.

2) Permissible Submissions in Hard Copy: If a party seeking a TRO submits an affirmation/affidavit demonstrating significant prejudice from the giving of notice (see Rules 202.7 (f)) seeks to submit documents in an emergency, the proposed order to show cause and supporting documents may be presented to the Legal Support Bureau in hard copy form. The papers must be accompanied by, as the back page facing out, a completed Notice of Hard Copy Submission - E-Filed Case. A proposed order to show cause and supporting documents that must be presented to a Justice outside normal court hours shall be presented in hard copy. In all situations described in this paragraph (other than that of an exempt party), documents submitted in hard copy form must thereafter be e-filed, as set forth below.

3) Office Review of Submissions Will be Done On-Line: Absent unusual practical difficulties, a proposed order to show cause and supporting documents that have been filed with NYSCEF will be reviewed on-line by the Legal Support Bureau. If there are problems with the documents, the
submitting attorney will be promptly contacted by the back office by e-mail or telephone.

4) Working Copies: Except for instances covered by Par. (2) of this section, a working copy of a proposed order to show cause and the supporting documents with Confirmation Notice(s) must be submitted to the Legal Support Bureau.

5) Hard Copy Service: In cases in which hard copy service is made of documents that were submitted in hard copy form pursuant to Par. (2) of this section and where no party is served electronically, the filing attorney or party shall, no later than three business days after service, e-file the supporting papers (designating them in the NYSCEF document type drop-down menu on the filing screen as "Supporting Papers to OSC (After Service))," together with proof of hard copy service. Failure to do so will cause the County Clerk file to be incomplete. The Clerk will e-file the signed order to show cause after the deadline for service has passed.

6) Declination: If the Justice declines to sign the order to show cause, the Clerk will electronically file the declined order. If the proposed order to show cause and supporting documents were filed with the court in hard copy form, the filing attorney or party (other than an exempt party) shall file the supporting documents with NYSCEF no later than three business days after the filing by the clerk. Failure to do so will cause the County Clerk file to be incomplete.

7) E-Service of Signed OSC and Supporting Documents: If the court directs that the signed order to show cause and supporting documents be served electronically, a conformed copy of the signed order should be designated as "Conformed Copy of OSC" in the NYSCEF document type drop-down menu on the filing screen.


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