Hon. Joseph D. McGuire, J.S.C.

A. Submission
B. Appearance
C. Return Date
D. Oral Arguments
E. Oral Argument Date
F. Orders to Show Cause
G. Notice of Argument
H. Failure to Appear
I. Special Proceedings
J. Adjournments
K. Filing of Papers
L. Certification
M. Papers Required in Particular Motions
N. Decisions and Orders

A. Submission
Pursuant to Uniform Rule §202.8(d), all motions are deemed submitted unless oral argument is directed by the Court or requested by a party.

B. Appearance
Personal appearance is not required or expected unless directed by the Court, or unless oral argument is scheduled.

C. Return Date
Use of assigned calendar days for motions in the Fifth District calendar for Lewis County matters is preferred. However, a submitted Motion may be Noticed for a return date of any business day chosen by the moving party.

D. Oral Argument
If oral argument is requested, it must be clearly stated on bold typeface in the case caption on the first page of the Notice of Motion, or in the case caption on the first page of answering papers, as the case may be.

E. Oral Argument Date
The return date for a Motion noticed for oral argument shall be on a date assigned in the Fifth District calendar schedule for Lewis County matters, or such other date as the Clerk may designate in an appropriate circumstance. If the request is contained in the answering papers, the Court will hear oral argument on the next available date assigned in the District calendar schedule for Lewis County matters, or such other date as the Clerk may designate in an appropriate circumstance.

F. Orders to Show Cause
Oral argument is required on all Orders to Show Cause seeking emergency relief, with personal appearances of parties and/or counsel as specified by the Court in the Order to Show Cause. The return date for an Order to Show Cause shall be determined by the Court at the time papers are submitted for consideration and executed.

G. Notice of Argument
In instances when the Court wishes to hear oral argument on a Notice of Motion, as permitted by Uniform Rule 202.8(d), all counsel and pro se litigants shall be provided with reasonable prior notice of the date and time scheduled for such purpose at which appearances are expected.

H. Failure to Appear
Failure of the moving party to appear for oral argument at the scheduled date and time may result in the motion being denied and otherwise marked off, while the failure of appearance by an opposing party may result in the motion being argued ex parte and then decided either on the merits or granted on default.

I. Special Proceedings
Oral argument is required on all Article 78 proceedings.

J. Adjournments
Upon consent of all counsel and pro se litigants, the Court will normally grant a first request for an adjournment of a motion or Order to Show Cause unless, in the discretion of the court, there is a specific reason not to do so, in which instance the Court will so advise the litigants. Uniform Rule 202.8(e) is applicable to adjournment procedures. The party seeking the adjournment must obtain the consent of opposing parties and notify the Court Clerk at least twenty-four (24) hours before the return date. A written request for adjournment will not be entertained by the Court unless the party seeking the adjournment has first attempted to obtain consent from all other parties in the action. Parties seeking a non-consented adjournment must provide good cause why the adjournment should be granted.

K. Filing of Papers
Except with the express permission of the Court, all motion papers and Orders to Show Cause, including Notices of Motion, Notices of Petition, proposed Orders, affidavits or affirmations in support, affidavits or affirmations of good faith and memoranda of law, must be filed with the Lewis County Clerk, who will deliver them to the Court Clerk. All papers must be typewritten, double spaced, securely bound, entirely legible, and all exhibits labeled. Motion papers and related correspondence must reflect the Index Number assigned to the action.

L. Certification
All pleadings, motions, Orders to Show Cause, opposition papers, replies, memoranda of law and other submissions must be certified as non frivolous and signed by counsel to the extent required by Section 130-1.1-a of the Rules of the Chief Administrator.

M. Papers Required in Particular Motions
1. Pendente Lite relief. In any matrimonial action seeking pendente lite relief in where a party's Statement of Net Worth is annexed as an exhibit, one courtesy copy of the Statement of Net Worth must be separately provided. Upon disposition of the motion or order to show cause, all papers and exhibits are filed with the Lewis County Clerk, and the courtesy copy of the Statement of Net Worth filed is the only such copy available for use by the Court thereafter.

2. Motions for Summary Judgment and similar Relief. On any motion, seeking summary judgment under CPLR Rule 3212, dismissal of a complaint, a cross claim or counterclaim under CPLR Rules 3211 or 3212, or the striking of a pleading under CPLR 3124 and CPLR Section 3126, copies of all pleadings filed as of the date of them motion must be provided to the Court as exhibits by the moving party.

3. Motions to Renew or Reargue. On any motion seeking leave to renew or reargue a prior determination under CPLR Rule 2221, copies of all papers submitted on the prior motion, including all exhibits, must be provided to the Court by the moving party.

4. Motions to Amend, Supplement or Correct Pleadings. On any motion seeking to correct pleadings under CPLR Rule 3024 or to amend or supplement pleadings under CPLR Rule 3025, copies of all pleadings filed as of the date of the motion must be provided to the Court as exhibits by the moving party, along with the proposed amended, supplemented or corrected pleadings.

5. Applications Seeking Injunctive Relief. In any Order to Show Cause presented to the Court or motion which seeks a temporary restraining order or preliminary injunction or the vacatur or modification of injunctive relief, copies of the summons and complaint commencing the underlying action or proceeding, and any filed responsive pleadings, must be provided by the movant. No Order to Show Cause or motion seeking such relief will be entertained by the Court on the merits if the movant fails to comply with this requirement.

6. Discovery Motions. All motions involving issues of discovery under CPLR Article 31 must contain an affidavit or affirmation of good faith as required by Uniform Rule 202.7. No Order to Show Cause or motion seeking such relief will be entertained by the Court on the merits if the moving party fails to comply with this requirement.

N. Decisions and Orders
1. Written Decisions and Orders. In certain instances, a Decision and Order may be reserved and rendered in written form following the full submission of the motion. The Decision and Order, with all supporting and opposition papers, will be filed by the Court with the Lewis County Clerk. A copy of the Decision and Order will be mailed to all counsel and pro se litigants upon filing.

2. Oral Decisions and Orders. With many motions, the Court will render a Decision and issue an Order orally from the Bench, or by letter to counsel. In such instances, the prevailing party shall submit an Order for Court signature, approved as to form by other parties. If there is disagreement over the contents of the proposed order, the matter shall be submitted to the Court with a Notice of Settlement on a date obtained from the Court Clerk.

3. Notice of Entry. It is the responsibility of the prevailing party to provide other parties with a Notice of Entry of an Order determining a motion or Order to Show Cause, notwithstanding that the Order may have been entered by the Court with a written Decision.