(a) There shall be compliance with the
procedures prescribed in the CPLR for the bringing of motions. In addition,
except as provided in subdivision (d) of this section, no motion shall be filed
with the court unless there have been served and filed with the motion papers
(1) a notice of motion, and (2) with respect to a motion relating to disclosure
or to a bill of particulars, an affirmation that counsel has conferred with
counsel for the opposing party in a good faith effort to resolve the issues
raised by the motion.
(b) The notice of motion shall read
substantially as follows:
________ COURT OF THE STATE OF NEW YORK
COUNTY OF ________
________ x
A. B.,
Notice of Motion
Index No.
Plaintiff,
-against-
________
Name of Assigned Judge
C. D.,
Defendant.
________ x
Oral argument is requested [ ]
(check box if applicable)
Upon the affidavit of ________, sworn to on
________, 19 ________, and upon (list supporting papers if any), the. . . will
move this court (in Room ________) at the ________ Courthouse, ________ New
York, on the ________ day of ________, 19 ________, at ________ (a.m.) (p.m.)
for an order (briefly indicate relief requested).
The above-entitled action is for (briefly
state nature of action, e.g., personal injury, medical malpractice, divorce,
etc.).
This is a motion for or related to interim
maintenance or child support. [ ]
(check box if applicable)
An affirmation that a good faith effort has
been made to resolve the issues raised in this motion is annexed hereto.
(required only where the motion relates to
disclosures or to a bill of particulars)
Pursuant to CPLR 2214(b), answering
affidavits, if any, are required to be served upon the undersigned at least
seven days before the return date of this motion.
[ ](check box if applicable)
Dated:
(print name)
____________
Attorney[FN1] (or attorney in charge of case
if law firm) for moving party.
Address:
Telephone number:
(print name)
TO: ________
Attorney1 for (other party)
Address:
Telephone number:
(print name)
________
Attorney1 for (other party)
Address:
Telephone number:
(c) The affirmation of the good
faith effort to resolve the issues raised by the motion shall indicate the
time, place and nature of the consultation and the issues discussed and any
resolutions, or shall indicate good cause why no such conferral with counsel
for opposing parties was held.
(d) An order to show cause or an
application for ex parte relief need not contain the notice of motion set forth
in this section, but shall contain the affirmation of good faith set forth in
this section if such affirmation otherwise is required by this
section.
(e) Ex parte
motions submitted to a judge outside of the county where the underlying action
is venued or will be venued shall be referred to the appropriate court in the
county of venue unless the judge determines that the urgency of the motion
requires immediate determination.
(f) Any
application for temporary
injunctive relief, including but not limited to a motion for a stay or a
temporary restraining order, shall contain, in addition to the other
information required by this section, an affirmation demonstrating there will
be significant prejudice to the party seeking the restraining order by the
giving of notice. In the absence of a showing of significant prejudice, the
affirmation must demonstrate that a good faith effort has been made to notify
the party against whom the temporary restraining order is sought of the time,
date and place that the
application will be made in a manner sufficient to
permit the party an opportunity to appear in response to the
application. This
subdivision shall not be applicable to orders to show cause or motions in
special proceedings brought under article 7 of the Real Property Actions and
Proceedings Law, nor to orders to show cause or motions requesting an order of
protection under section
240 of
the Domestic Relations Law, unless otherwise ordered by the court.
[FN1] If any party is appearing pro se, the
name, address and telephone number of such party shall be
stated.
