CPLR 2214 is the New York rule that governs motion practice in civil cases. It tells you what your notice of motion has to say, how many days before the hearing you must serve your papers, how answering papers and replies fit into the schedule, what you owe the court itself, and when a judge can bypass the standard timing through an order to show cause. Miss any of these requirements and the court can refuse to read your papers, so the mechanics are worth taking seriously.
What the Notice of Motion Must Contain
CPLR 2214(a) sets out the required contents of every notice of motion. The notice must state the date, time, and place of the hearing, list the supporting papers the motion relies on, and identify the relief being sought and the grounds for it. A single motion can request alternative forms of relief or several types of relief at once.1New York State Senate. New York Civil Practice Law and Rules Law R2214
The relief section is where motions most often fall short. Vague requests invite denial. If you want summary judgment, say so and cite the statutory basis. If you want to compel discovery, identify the specific demands the other side ignored.
The notice sits at the front of a package. Behind it come supporting affidavits from someone with firsthand knowledge, exhibits attached and lettered or numbered, and, where the arguments warrant it, a memorandum of law. Some local court rules in New York explicitly separate the two functions: affidavits handle facts, briefs handle law, and combining them draws objections. Standardized motion forms are available through the New York State Unified Court System.2New York State Unified Court System. Statewide Forms
Serving the Motion: Eight Days or Sixteen
CPLR 2214(b) gives the moving party two timing options, and the choice shapes the entire exchange.
The default is eight days. Serve your motion papers at least eight days before the return date, and the opposing party must serve answering affidavits at least two days before the hearing. Under this shorter schedule, there is no automatic right to reply.1New York State Senate. New York Civil Practice Law and Rules Law R2214
The alternative is sixteen days. If the moving party serves at least sixteen days before the return date and demands the extended schedule in the notice, the opposing party must serve answering affidavits and any cross-motion at least seven days before the hearing, and the moving party may then serve reply papers at least one day before the return date.1New York State Senate. New York Civil Practice Law and Rules Law R2214
Most experienced litigators use the sixteen-day framework whenever the calendar allows. It guarantees a look at the opposition’s arguments before the hearing and preserves a formal chance to answer them. Under eight-day notice you walk in having seen the opposing papers only two days earlier with no built-in right to reply.
Adjusting the Deadline for Mail or Overnight Service
The eight- and sixteen-day figures assume personal delivery. When you serve by another method, CPLR 2103 adds days to account for transit. Service by mail within New York adds five calendar days. Mail from outside the state but within the United States adds six. Overnight delivery adds one business day.3New York State Senate. New York Civil Practice Law and Rules Law R2103
Deadline errors happen here more than anywhere else in motion practice. A party using sixteen-day notice served by mail within New York actually needs to serve twenty-one days before the return date. Count calendar days, not business days. If the last day lands on a Saturday, Sunday, or court holiday, the deadline rolls to the next business day.
Answering Papers, Cross-Motions, and Replies
The opposing party responds with an affidavit in opposition addressing the factual claims and legal theories in the motion. If the opposing side wants its own relief, it files a cross-motion with the answering papers. Under the sixteen-day framework, cross-motions carry the same seven-day-before deadline as the answering affidavits.1New York State Senate. New York Civil Practice Law and Rules Law R2214
Reply papers exist to answer the opposition. They are not a place to introduce new relief or arguments the movant forgot the first time. Courts routinely strike replies that step outside rebuttal. Under eight-day notice, replies are generally unavailable without the court’s permission.
CPLR 2214(c) supplies the enforcement mechanism behind all of these deadlines. Only papers served in compliance with the statute will be read by the court in support of or in opposition to the motion, unless the judge directs otherwise for good cause.1New York State Senate. New York Civil Practice Law and Rules Law R2214 Late papers do not just draw a rebuke; they can be ignored.
What You Must Furnish to the Court
CPLR 2214(c) also tells each side what it owes the court itself. Every party must furnish the court with copies of all papers that party served. The moving party carries a further obligation: it must also provide any other papers the court needs to decide the motion, even if those papers were not part of the motion package. If the necessary documents sit in the opposing party’s possession, the moving party can compel production by serving a notice with the motion.1New York State Senate. New York Civil Practice Law and Rules Law R2214
In cases filed through NYSCEF, parties do not need to re-upload documents already filed electronically. You can reference those documents by their NYSCEF docket numbers instead.1New York State Senate. New York Civil Practice Law and Rules Law R2214 That saves duplication, but it puts the burden on you to track docket numbers accurately and confirm the referenced documents are actually in the system.
When to Use an Order to Show Cause Instead
Not every situation allows eight or sixteen days of lead time. CPLR 2214(d) lets a party ask the court to sign an order to show cause in place of a standard notice of motion. When the court signs, the judge sets the return date and specifies how and when the opposing party must be served.1New York State Senate. New York Civil Practice Law and Rules Law R2214
Orders to show cause are the standard vehicle for emergency relief in New York, including temporary restraining orders. A judge reviewing the application can include a TRO that takes effect immediately, before the other side appears. The price of admission is convincing the judge to sign in the first place, which means showing why the normal timing would cause irreparable harm.
One requirement catches people off guard. If the motion targets a state agency or state officer, the order to show cause must also be served on the Attorney General. Service goes to an assistant attorney general at the AG’s office in the county where the case is venued, or the nearest AG office if none sits in that county.1New York State Senate. New York Civil Practice Law and Rules Law R2214