All motions are governed by the general provisions of the CPLR including CPLR 2214 and 2215.
In the First Department, the applicant will be required to complete a form, Summary Statement on Application for Expedited Service and/or Interim Relief.
Applications for interim relief must be made in person (unless the court excuses an appearance). The moving papers – notice of motion papers or an order to show cause must include the information set forth in Section 1250.4(b)(1). The court has a form, Summary Statement on Application for Expedited Service and/or Interim Relief, which is also required. The form is available as a fillable PDF on the Court’s website.
Reasonable notice must be given to your adversary as to the day and time when the application will be presented.
An application or order to show cause presented for signature that includes a request for a temporary stay or other interim relief pending determination of a motion, or an application pursuant to CPLR 5704, shall be presented in person unless the court excuses such appearance. ( 22 NYCRR 1250.4(b)(1))
Motions in mandatory or voluntary/consensual e-filed matters have to be electronically filed. Motion papers should be filed together in one bookmarked and searchable PDF, linking to each separate supporting document/exhibit. A brief description of the bookmarked document should be included. For example – “ Exhibit A- Notice of Appeal.” One hard copy of an e-filed motion must be filed with the Court within two business days of receipt of email notification that the clerk has reviewed and processed the electronic version of the motion.
The general rule is that applications for interim relief and the underlying motion papers must be e-filed. In the limited circumstance where a party seeking emergency relief is unable to comply with the e-filing requirements without being adversely affected, the Court will permit an interim relief application to be initially filed in hard copy and e-filed thereafter. If an interim application is initially filed in hard copy, it must be accompanied by a notice of hard copy submission on the form provided by the Court. (See http://nycourts.gov/courts/AD1/CourtInfo/FAQNewPracticeRules.pdf (Last accessed July 7, 2021)
Motion Formatting: Motion papers must be filed as one PDF, which must contain bookmarks linking to each supporting document/exhibit. A brief description of the bookmarked document should be included. For example – “Exhibit A – Notice of Appeal.” (See https://www.nycourts.gov/courts/ad1/e-filing/efiling.shtml (Last accessed July 11, 2021)
Motion FAQS Q. Do motions have to be electronically filed? A. Yes. Motions in mandatory or voluntary/consensual e-filed matters have to be electronically filed. Q: Is there a required format for the motion papers filed electronically? A: Yes. Motion papers should be filed together in one bookmarked and searchable PDF, linking to each separate supporting document/exhibit. A brief description of the bookmarked document should be included. For example – “ Exhibit A- Notice of Appeal.” Q: Does the Court require hard copies of e-filed motions? A: Yes. One hard copy of an e-filed motion must be filed with the Court within two business days of receipt of email notification that the clerk has reviewed and processed the electronic version of the motion. Q: I want to file an interim relief application. Will the Court permit the initial submission to be filed and served in hard copy? A: The general rule is that applications for interim relief and the underlying motion papers must be e-filed. In the limited circumstance where a party seeking emergency relief is unable to comply with the e-filing requirements without being adversely affected, the Court will permit an interim relief application to be initially filed in hard copy and e-filed thereafter. If an interim application is initially filed in hard copy, it must be accompanied by a notice of hard copy submission on the form provided by the Court. (See https://www.nycourts.gov/courts/ad1/e-filing/EfilingFAQVersion4.pdf) (Last accessed July 11, 2021)