A Motion to Quash a subpoena should be made promptly in the Court in which the subpoena is returnable. CPLR 2304.
The moving party can elect one of two briefing schedules: "16-7-1" or "8-2".
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) (amended eff 7/22/14). 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 7/22/14).
If a case has not been assigned to a judge, the motion shall be made returnable before the court, and a copy of the moving papers, together with a request for judicial intervention, must be filed with the court, with proof of service upon all other parties, within five (5) days of service upon the other parties.
The moving party must give written notice of the index number to all other parties immediately after filing of the papers.
Copies of all responding papers must be submitted to the court, with proof of service and with the index number set forth in the papers, on or before the return date.
A description of Kings County local motion procedure can be found on court's Motion Support/Trial Support page.
File 5 Days Before Return Date
Motions must be filed at least five (5) business days before the return date of the motion. Kings Civil R. Part A (amended eff 10/26/18).
The Court will entertain motions, as scheduled in the New York Law Journal and on E-Courts, on Wednesdays. Information on future court appearances is available on E-Courts.
All motions require appearances and oral argument.
All responsive papers must be filed with the Motion Support Office or the Clerk of the Part at least 2 business days before the scheduled date of the motion. Kings Civil R. Part J, Rule 11. ("Commercial Division") (amended 1/14/10)
Before filing a motion in the Commercial Division, the moving party must--unless the motion is of a type specifically exempted from this requirement--advise the Court in writing, with notice to the opposing party. 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.
After reviewing the motion notice letter, the Court will schedule a telephone or in-court conference with counsel to attempt to resolve issues without the need for motion practice.
New York caselaw holds that a Motion to Quash a subpoena can be made to challenge the validity of the subpoena or the jurisdiction of the issuing authority. New York courts broadly interpret this power of the courts to quash or modify a subpoena or impose conditions the court finds just.
Reasonable conditions may be imposed upon the granting or denial of a motions to quash or modify a subpoena. CPLR 2304.
Counsel must confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the any motion "related to disclosure." Uniform R. 202.7(a)
Motion to Quash a Subpoena Returnable to Court
A Motion to Quash, fix conditions or modify a subpoena must be made promptly in the court in which the subpoena is returnable. CPLR 2304.
Cases in Arbitration
The Kings County judges have posted their part rules on the court's website. Click “Judges & Rules”.
NEW RULE AMENDMENTS EFFECTIVE FEBRUARY 20, 2024
The purpose of the compliance conference is to monitor the progress of discovery, set a deadline for filing a Note of Issue, and resolve any outstanding discovery issues. Parties attending the compliance conference must be fully familiar with the case, the status of any disclosure proceedings, and any settlement negotiations.
A motion on notice in an action in the Supreme Court shall be noticed to be heard in the judicial district where the action is triable or in a county adjoining the county where the action is triable. Unless statute, civil practice rule or local court rule provides otherwise, the motion shall be noticed to be heard before a motion term or, upon order to show cause granted by a justice, before that justice out of Court. CPLR 2212(a).
All motions must be made returnable to the judge assigned to the case and all papers related to the motion must be filed on or before the return date. Uniform R. 202.8(a).
In the event that a motion is filed before the case has been assigned to a judge, the motion shall be made returnable before the court and a copy of the moving papers together with a Request for Judicial Intervention (RJI) form shall be filed with the court and served on all parties. The moving party will receive an index number for the case from the court upon filing the RJI form and shall give written notice of the index number to all parties. The court will then assign the case to a judge as soon as practicable. Uniform R. 202.8(b).
A cross motion is made returnable at the same time and place as the pending motion. A party must serve notice of a cross-motion at least three (3) days prior to the time at which the motion is noticed to be heard, or seven (7) days prior to such time if demand is properly made pursuant to subdivision (b) of rule 2214. If notice and supporting papers are served by mail, three (3) days must be added to the notice time, one (1) day if served by overnight delivery. Relief in the alternative or of several types may be demanded, relief need not be responsive to that demanded by the moving party. CPLR 2215.
There is no provision for papers opposing a cross motion.
Any motion may be referred to a judge who decided a prior motion in the action. CPLR 2217(a).
Transfer of Motion
The Court may order that an issue of fact raised on a motion shall be separately tried by the Court or a referee. If the issue is triable of right by jury, the Court shall give the parties an opportunity to demand a jury trial of such issue. CPLR 2218.
In the Civil Branch and the Commercial Division, unless the court gives express permission in advance, counsel must not submit sur-reply papers, including correspondence, addressing the merits of a motion. Counsel may inform the court by letter of the citation of any post-submission court decision that is relevant to pending issues, but counsel cannot present any additional argument. The court will neither read nor consider materials submitted in violation of this rule. Opposing counsel who receives a copy of materials submitted in violation of this rule must not respond in kind. Commercial Div. R. 18; Uniform R. 202.8-c (adopted eff 2/1/21).
Every paper served or filed must begin with a caption setting forth the name of the court, the venue, the title of the action, and the nature of the paper. If an index number has already been assigned the index number should also be included in the caption. CPLR 2101 (c) (amended eff 1/1/12); Uniform R. 202.5 (a) (amended eff 7/1/22).
Where the case has already been assigned to a judge the judge’s name should appear to the right of the caption. Uniform R. 202.5 (a) (amended eff 7/1/22).
It is appropriate to name only the first plaintiff and/or defendant and indicate the existence of other parties by the use of “et al.” or another appropriate abbreviation. CPLR 2101 (c) (amended eff 1/1/12).
Unless a motion is brought by ex parte application, or order to show cause, the motion papers must include a notice of motion. Uniform R. 202.7 (a) & (d).
The Notice of Motion must be in the form detailed in Uniform Rule 202.7(b). Uniform R. 202.7.
The Notice of Motion must specify the time and place of the hearing on the motion, the supporting papers on which the motion is based, the relief demanded, and the grounds therefore. Relief in the alternative, or several different kinds of relief, may be requested. CPLR 2214 (a) (amended eff 7/22/14).
In the Civil Branch and the Commercial Division, any party may request oral argument on the face of its papers or in an accompanying letter. Commercial Div. R. 22; Uniform R. 202.8-f (b) (adopted eff 2/1/21).
In the Commercial Division, on the face of all notices of motion filed with the Commercial Division, there must be a statement that the motion complies with the Commercial Division Rule 24 requiring advance notice of motions. Commercial Div. R. 24 (g).
In the Civil Branch and the Commercial Division, the moving party must specify the exact relief sought (a) in the notice of motion or order to show cause, and (b) in a concluding section of a memorandum of law. Commercial Div. R. 16 (a); Uniform R. 202.8-a (c) (adopted eff 2/1/21).
If the moving party chooses the "16-7-1" briefing schedule, that party must request, in its moving papers, service of responsive papers at least seven (7) days before the return date. CPLR 2214 (b) (amended eff 7/22/14).
Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of the relevant law. Uniform R. 202.8(c). For more information regarding affidavits, see Kings County Supreme Court SmartRules™ procedural guide: AFFIDAVITS.
Each paper served or filed shall be indorsed with the name, address and telephone number of the attorney for the party serving or filing the paper, or if the party does not appear by attorney, with the name, address and telephone number of the party. CPLR 2101 (d) (amended eff 1/1/12).
Every pleading, written motion, and other paper, served on another party or filed or submitted to the court shall be signed by an attorney, or by a party if the party is not represented by an attorney, with the name of the attorney or party clearly printed or typed directly below the signature. Absent good cause shown, the court shall strike any unsigned paper if the omission of the signature is not corrected promptly after being called to the attention of the attorney or party. Uniform R. 130-1.1a (a) (amended eff 4/5/17)
A party or attorney's signature on any pleading or paper served on another party or filed or submitted to the court constitutes a certification by the signatory that
(1) the presentation of the paper or any contentions contained within it are not frivolous, to the best of the signatory's knowledge, information and belief, formed after a reasonable inquiry and
(2) if the paper is an initiating pleading,
For more information, see Kings County Supreme Court SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
In the case of disclosure-related motions, an affirmation of good faith effort to resolve the issues raised by the motion must be served and filed with the motion papers. Uniform R. 202.7(a)
The form of the motion can be found at Uniform R. 202.7(b)
The affirmation must stat the time, place and nature of the consultation, as well as the issues discussed and any resolutions. Uniform R. 202.7(c)
If a judge has not already been assigned to the case, the moving party must, along with the moving papers, include a completed Request for Judicial Intervention form. Bronx Civil Filing Rules.
The RJI forms can be found on the court’s website.
See Kings County Supreme Court SmartRules™ procedural guide: REQUEST FOR JUDICIAL INTERVENTION.
When appropriate, proposed orders are submitted with motions such as motions to be relieved, pro hac vice admissions, open commissions, and similar motions. No proposed order may be submitted with motions papers on a dispositive motion. Commercial Div. R. 16 (b); Uniform R. 202.8-a (b) (adopted eff 2/1/21).
In the Civil Branch and the Commercial Division, counsel must attach copies of all pleadings and other documents as required by the CPLR and as necessary for an informed decision on the motion, especially on motions pursuant to CPRL 3211 (i.e. Motions to Dismiss) and 3212 (i.e. Motions for Summary Judgment). Commercial Div. R. 16 (a); Uniform R. 202.8-a (a).
Whenever a party relies upon a decision or other authority not readily available to the court, the court may direct counsel to submit a copy. Commercial Div. R. 16 (a); Uniform R. 202.8-a (a). In the Commercial Division, counsel shall otherwise follow Rule 6 with respect to hyperlinking. Commercial Div. R. 16 (a).
Electronic Filing is required or permitted for some types of actions in some New York Supreme Courts. For more detailed information regarding electronic and traditional filing and service, see Kings County Supreme Court SmartRules™ procedural guide: FILING DOCUMENTS and Kings County Supreme Court SmartRules™ procedural guide: SERVICE OF PAPERS.
Serve Affidavits and Briefs with Notice of Motion
No courtesy copies of motion papers are required by the Court, except as may be required for electronic filing or by the Judge’s Part Rules. In tort cases against the City of New York, courtesy copies shall be supplied to the Corporation Counsel’s office in Brooklyn. Kings Civil R. Part C, Rule 5. ("Motions in IAS Parts").
In the Civil Branch and the Commercial Division, cases not pending in the court's Filing by Electronic Means System, the court may permit counsel to communicate with the Court and each other by email. Uniform R. 202.5-a (b) (amended eff 2/1/21).
Counsel may be requested to provide a copy of any submitted papers as the court directs. Commercial Div. R. 4 (amended eff 4/18/22).
In the Commercial Division, courtesy copies should not be submitted unless requested or as otherwise provided. However, courtesy copies of all motion papers and proposed orders must be submitted in cases in the Court's Filing by Electronic Means system. Commercial Div. R. 21.
Courtesy copies should not be provided unless the Court has so directed. Kings Civil R. Part J, Rule 5. ("Commercial Division") (amended 1/14/10)
The Kings County judges have posted their part rules on the court's website. Click “Judges & Rules”.
A party seeking oral argument should include the request for oral argument in the Notice of Motion or on the first page of the answering papers. After all papers have been submitted the court may, at its own discretion or in response to a party's request for oral argument, make a determination as to whether oral argument will be allowed and the date for same. Where all parties request oral argument it shall be granted unless the court determines it to be unnecessary. Uniform R. 202.8(d).
All motions require appearances and oral argument. Kings Civil R. Part C, Rule 3. ("Motions in IAS Parts").
In the Civil Branch and the Commercial Division, any party may request oral argument on the face of its papers or in an accompanying letter. Except in cases before justices who require oral argument on all motions, the court will determine, on a case-by-case basis, whether argument will be heard and, if so, when counsel will appear. If practicable, the court will give notice of the date of oral argument at least fourteen (14) days before the scheduled oral argument. At the oral argument, counsel must be prepared to argue the motion, discuss resolution of the issue (or issues) presented, and/or schedule a trial or hearing. Commercial Div. R. 22; Uniform R. 202.8-f (b) (adopted eff 2/1/21).
Each court or court part shall adopt a procedure governing requests for oral argument. In the absence of such procedures, 202.8-f (b) shall apply. Uniform R. 202.8-f (adopted eff 2/1/21).
(c) Oral arguments may be conducted by the court by electronic means. Uniform R. 202.8-f (adopted eff 2/1/21).
Counsel who appear before the court must be familiar with the case and fully prepared and authorized to discuss and resolve the issues. Failure to comply may be treated as a default or as a failure to appear. Uniform R. 202.1 (f) (amended eff 2/1/21).
Counsel who appear in the Commercial Division must be fully familiar with the case and fully authorized to enter into agreements, both substantive and procedural, on behalf of their clients. Counsel should also be prepared to discuss any motions that have been submitted and are outstanding. Failure to comply with this rule may be regarded as a default and dealt with appropriately. It is important that counsel be on time for all scheduled appointments. Commercial Div. R. 1 (a) (amended eff 4/11/22).
Counsel may request permission to participate in court conferences and oral arguments of motions remotely. Such requests will be granted in the court's discretion for good cause shown. Commercial Div. R. 1 (d) (amended eff 4/11/22).
An appearance by an attorney with knowledge of the case and authority to bind the party is required on all motions and conferences. Kings Civil R. Part J, Rule 13. ("Commercial Division") (amended 1/14/10)
Motion Calendar Calls
There are 2 calendar calls on motion days, 9:30 AM and 10:45 AM, (unless the Judge’s Part Rules provide otherwise). Kings Civil R. Part C, Rule 7. ("Motions in IAS Parts").
Any party may request an adjournment of the return date in writing, with notice to the other parties in the case. The court will then advise all parties as to whether adjournment will be granted. The parties may agree to adjourn the return date by written stipulation to the assigned judge. No more than three (3) adjournments for a total of sixty (60) days will be permitted without prior permission of the court. Uniform R. 202.8(e).
NEW RULE AMENDMENTS EFFECTIVE JULY 21, 2023
Unless the Judge’s Part Rules provide otherwise, motions may be adjourned twice, on consent, without appearance, for a period not to exceed sixty (60) days from the initial return date of the motion. Adjournment of motions without appearance may be done by usage of stipulation or affirmation submitted no later than the previous workday. Any subsequent adjournment shall be by personal application. Kings Civil R. Part C, Rule 4. ("Motions in IAS Parts").
Appearance at the compliance conference is not necessary if a Note of Issue has been served and filed with the court prior to the compliance conference date. In such cases, a copy of the Note of Issue may be presented to the part clerk on or before the date of the conference or a party may notify the clerk prior thereto. Kings Civil R. Part D, Rule 2.
Dispositive Motions, i.e. Motions to Dismiss under CPRL 3211 or Motions for Summary Judgment under CPLR 3212 (amended eff 5/7/22) or CPLR 3213, may be adjourned only with the Court's consent. Unless otherwise directed by the court, non-dispositive motions may be adjourned on consent no more than 3 times, for a total of no more than 60 days. Commercial Div. R. 16 (c).
Unless the court orders otherwise, no motion may be adjourned on consent more than three times or for a cumulative total of more than 60 days. Uniform R. 202.8-a (c) (adopted eff 2/1/21).
Dispositive motions (made pursuant to CPLR 3211 (amended eff 5/7/22), 3212 or 3213) may be adjourned only with the Court’s consent.
Non-dispositive motions may be adjourned by written stipulation no more than three times for a total of no more than sixty (60) days unless otherwise directed by the Court.
Adjournments must be obtained at least two (2) business days in advance of the return date except in the case of an emergency.
To assist in preparing the quarterly report of pending civil matters required by section 4.1 of the Rules of the Chief Judge, the Chief Administrator of the Court or his or her designee shall provide to a justice of the Supreme Court, upon request, an automated open motion report of all motions pending before the justice which appear undecided 60 days after final submission. This open motion report may be used by the justice to assist in the preparation of his or her official quarterly report. Uniform R. 202.8 (h)(1) (amended 11/7/07).
Proposed orders, with proof of service on all parties where the order is directed to be settled or submitted on notice, must be submitted for signature, unless otherwise directed by the Court, within sixty (60) days after the signing and filing of the decision directing that the order be settled or submitted. Uniform R. 202.48(a). Absent good cause shown, failure to submit the order timely shall be deemed an abandonment of the motion. Uniform R. 202.48(b).
For more information on submitting proposed orders, see Kings County Supreme Court SmartRules™ procedural guide: PROPOSED ORDER.
If all parties served with the motion are in accordance, they may enter into a consent order.
If a new Note of Issue date is required, the order should be filled out and signed by all parties leaving a space for the Note of Issue filing date to be entered by a court attorney. Consent orders are not effective or allowed to be copied until they have been reviewed by a court attorney and signed by the Judge or JHO.
The court has broad discretion to impose reasonable conditions on a Motion to Quash or modify a subpoena. CPLR 2304.
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