Filing a motion in New York courts is a structured process with specific deadlines for all parties involved. Whether you’re the party making the motion (the “movant”) or the party opposing it, understanding the timing is crucial for ensuring your case proceeds smoothly. Here’s an overview of the process and timeline:
Step 1: Filing the Motion
A motion is a formal request to the court to make a specific ruling or take action on an issue in the case. This could include motions to dismiss, compel discovery, or seek summary judgment.
- Notice of Motion and Supporting Documents: The movant must file a Notice of Motion with the court, along with supporting documents such as affidavits, exhibits, and a memorandum of law.
- Service on Opposing Party: Once filed, the motion must be served on the opposing party.
Key Timing:
- When to File: The timeline for filing motions is often set by the court’s rules or scheduling orders. For example, a motion for summary judgment in New York State Supreme Court must generally be made no later than 120 days after the note of issue is filed, unless the court grants leave for good cause.
Step 2: Time to Oppose the Motion
Once served, the opposing party has time to submit a written response. This is your opportunity to challenge the movant’s arguments and present your own evidence or legal reasoning.
Key Deadlines:
- Opposition Papers:
- In New York Supreme Court (trial-level court), opposition papers are generally due 7 days before the motion’s return date (the date the motion is heard).
- If the motion was served by mail or overnight delivery, the time to oppose may be extended slightly, depending on the method of service.
- Check the specific court’s rules or judge’s individual practices, as they may set longer or shorter deadlines.
Step 3: Time to File a Reply
After receiving the opposition papers, the movant can submit a reply. The reply is typically limited to addressing issues raised in the opposition and cannot introduce new arguments or evidence.
Key Deadlines:
- Reply Papers: The reply is usually due 1–2 days before the return date of the motion.
Step 4: Oral Argument (Optional)
Some motions may require oral argument, where the attorneys appear in court to argue their positions. This depends on the type of motion and the judge’s preferences.
- If Oral Argument is Scheduled: The court will notify the parties of the date.
Step 5: Decision on the Motion
After the motion is fully submitted (including opposition and reply papers), the judge reviews the materials and issues a decision.
Timeline for Decision:
- Simple Motions: Decisions on procedural or straightforward motions may be issued within a few weeks to a few months.
- Complex Motions: Summary judgment motions or motions involving detailed legal analysis may take several months to decide.
- New York’s “60-Day Rule”: Judges in New York are encouraged to decide motions within 60 days of submission. However, this is aspirational, and delays are common depending on the court’s workload.
Overall Timeline for a Motion
From filing to decision, the process typically spans 2–6 months. Factors that influence timing include:
- Complexity of the motion
- Court backlog
- Whether oral argument is required
Tips for Managing Motion Deadlines
- Check Court Rules: Each court has specific rules regarding deadlines and formatting for motions. Familiarize yourself with these.
- Keep Track of the Return Date: This date determines the deadlines for opposition and reply papers.
- File Early When Possible: Avoid last-minute filing, which can lead to mistakes or missed deadlines.
- Communicate with the Court: If there’s uncertainty about deadlines or procedures, the court clerk’s office or the judge’s chambers can often provide guidance.
Final Thoughts
The motion process in New York requires close attention to detail and deadlines. Whether you’re filing a motion or responding to one, make sure you prepare strong, timely submissions. Consulting with an experienced attorney is essential to navigating this process effectively and maximizing your chances of success.
