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Motion Support/Trial Support


Overview

Motion Support/Trial Support Office
360 Adams Street, Room 227
Brooklyn, NY 11201
347-296-1694

Hours of Operation: 9:00 AM to 5:00 PM

The Motion Support Office reviews and schedules all motions on notice (served on all parties), involving tort litigation. Motion Support reviews these as to content, form, and compliance with the relevant statute(s) and rules. The resulting orders from motions are processed and entered into the court’s computer and subsequently delivered to the County Clerk’s Office for filing.

In addition, this office reviews and processes Requests for Judicial Intervention, Notes of Issue, and Stipulations of Discontinuance or Settlement.

Our public information counter evaluates, accepts or returns submitted papers and assists the public with court rules and procedures.

Frequently Asked Questions

Please note that Motion Support does not handle matrimonial, guardianship, mental hygiene, condemnation, or tax certiorari cases. In addition, the following procedures do not apply to Orders to Show Cause, which are filed in the Ex Parte Office (10th Floor South).


1. What is the procedure for filing a motion in person?

2. How many days’ notice must I give when serving a motion and cross motion?

3. Where should I make my motion returnable?

4. How can I withdraw or adjourn my motion?

5. When and where do I file opposition papers and reply papers to a motion?

6. What is the general procedure for requesting a Preliminary Conference (PC)?

7. What is the procedure for filing a Note of Issue in person?

8. I saw a “NINA” date listed on the Future Appearance System. What is a NINA date?

9. My papers were rejected because my caption did not match the caption in the court’s computer. What should I do?

10. Can I file papers with Motion Support by mail?


1. What is the procedure for filing a motion in person?

The answer to this question depends upon whether or not the case is assigned to a judge.

If the case is NOT ASSIGNED to a judge, purchase the Request for Judicial Intervention (RJI) in the County Clerk’s Office, located at:

360 Adams Street, Room 189
Window #5
Brooklyn, NY 11201

The County Clerk will require the original plus three (3) copies of the RJI along with a check for $95.00 payable to the Kings County Clerk. After paying for the RJI (or receiving a “NO FEE” or “FEE EXEMPT” stamp from the County Clerk, if applicable), take documents to Motion Support located at:

360 Adams Street, Room 227
Brooklyn, NY 11201

You will need an RJI stamped by the County Clerk, the motion papers, and an Affidavit of Service that states that the RJI and the Notice of Motion were served. If one of the “Commercial” boxes is checked off under “Nature of Action or Proceeding” on the RJI, a copy of the pleadings must also be attached to the motion and served upon all parties. If the papers are acceptable, the clerk in Motion Support will stamp the papers with the approval stamp. The County Clerk will require a copy of the face page of the Notice of Motion with the Motion Support approval stamp. If you bring an extra copy of the Notice of Motion or face page, the clerk in Motion Support will stamp it for you. Otherwise, make a copy of the Notice of Motion after the clerk in Motion Support approves it. Then pay for the motion in the County Clerk’s Office located at:

360 Adams Street, Room 189
Window #4
Brooklyn, NY 11201

After paying for the motion, do not detach the RJI from the motion. The RJI is necessary in order for Motion Support to process the motion. Return to Motion Support (Room 227) and deposit the RJI and motion in the blue drop box at the short end of the counter. You do not have to wait on line again. Note that filing is not complete until the RJI and motion are deposited in the blue drop box. If you desire a date and time clocked copy of the motion, wait on line in Motion Support. Then present the original paid RJI and motion to the clerk along with a copy of the Notice of Motion. The clerk will return the clocked copy to you and will deposit the paid RJI and motion in the blue drop box. This date and time clocked copy of the motion also serves as proof that Motion Support ultimately received the motion.

The above procedures also apply to Notices of Petition with Petitions. In those cases, you will need an Affidavit of Service of the RJI, Notice of Petition and Petition. You will also need an extra copy of the Notice of Petition (instead of the Notice of Motion) for the County Clerk.

If the case IS ASSIGNED to a judge, an RJI is not necessary. Go to Motion Support with the motion papers and an affidavit of service of the Notice of Motion. Follow the procedure as previously stated.

Note: The above procedures also apply to Notices of Cross Motion, although Cross Motions will only be accepted if an underlying “main” motion is pending. Protruding EXHIBIT TABS are to be used when submitting motions with exhibits.

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2. How many days’ notice must I give when serving a motion and cross motion?

Effective July 3, 2007, CPLR sections 2214(b) and 2215 have been amended to provide new requirements for timely service of notices of motion and cross motions. The amendments apply to Notices of Motion served on or after July 3, 2007.

The following tables summarize the service requirements for motions and cross motions. The shaded areas indicate changes in the law:

Notices of Motion

Method of Service Motion Demands 7 Days’ Answering Papers Minimum Service Time Required*
Personal or FAX Motion DOES DEMAND
7 Days’ Answering Papers
16 days
Overnight Delivery Motion DOES DEMAND
7 Days’ Answering Papers
17 days
(16 days + 1 day for overnight delivery pursuant to CPLR 2103b6)
Mail Motion DOES DEMAND
7 Days’ Answering Papers
21 days
(16 days + 5 days for mailing pursuant to CPLR 2103b2)
Personal or FAX Motion DOES NOT DEMAND
7 Days’ Answering Papers
8 days
Overnight Delivery Motion DOES NOT DEMAND
7 Days’ Answering Papers
9 days
(8 days + 1 day for overnight delivery pursuant to CPLR 2103b6)
Mail Motion DOES NOT DEMAND
7 Days’ Answering Papers
13 days
(8 days + 5 days for mailing pursuant to CPLR 2103b2)


Notices of Cross Motion

Method of Service Main Motion Demands
7 Days’ Answering Papers
Minimum Service Time Required*
Personal or FAX Main Motion DOES DEMAND
7 Days’ Answering Papers
7 days
Overnight Delivery Main Motion DOES DEMAND
7 Days’ Answering Papers
8 days
(7 days + 1 day for overnight delivery pursuant to CPLR 2215)
Mail Main Motion DOES DEMAND
7 Days’ Answering Papers
10 days
(7 days + 3 days for mailing pursuant to CPLR 2215)
Personal or FAX Main Motion DOES NOT DEMAND
7 Days’ Answering Papers
3 days
Overnight Delivery Main Motion DOES NOT DEMAND
7 Days’ Answering Papers
4 days
(3 days+ 1 day for overnight delivery pursuant to CPLR 2215)
Mail Main Motion DOES NOT DEMAND
7 Days’ Answering Papers
6 days
(3 days + 3 days for mailing pursuant to CPLR 2215)

* Prior to the return date of the motion (cross motions should be noticed to be heard on the same date as the main motion)

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3. Where should I make my motion returnable?

The answer to this question depends upon several factors. Regardless of where the motion is returnable, the motion must be filed in Motion Support (Room 227), along with a copy of the face page of the motion. Motions with Requests for Judicial Intervention (RJI) on unassigned cases must be filed within 5 calendar days of service (see Uniform Rules 202.8b). Notices of motion on assigned cases must be filed in Motion Support at least 5 business days before the return date, and Cross Motions must be filed in Motion Support at least 2 business days before the return date.

1. Make the motion returnable to the specific courtroom (part), if known, otherwise insert “an IAS part”; 360 Adams Street, Brooklyn, NY 11201, at 9:30 a.m. The return date may be any day of the week except a weekend or a holiday. Be certain that your service of the motion is timely in accordance with the CPLR (see question #2). Motion support personnel may subsequently schedule the matter according to court rules and judicial schedules.

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4. How can I withdraw or adjourn my motion?

Most first time motions are automatically adjourned by the court to the judge’s next available motion date. However, if your motion is not automatically adjourned or if you need another adjournment, contact the part to find out their procedures for subsequent adjournments. If you would like to withdraw your motion, contact the part to find out their procedures for withdrawing motions. If you need the part’s telephone number, call the Kings Supreme Court Help Center at 347-296-1740 or Motion Support 347-296-1694 or click on the Telephone Directory in the menu on the left hand side of this page.

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5. When and where do I file opposition papers and reply papers to a motion?

Opposition papers and reply papers are to be filed in Motion Support (Room 227) at least one (1) business day before the adjourned date of the motion. If the motion is not automatically adjourned, opposition papers and reply papers are to be filed in Motion Support at least one (1) business day before the return date.

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6. What is the general procedure for requesting a Preliminary Conference (PC)?

Unassigned Tort Cases

If you would like to request a PC for a tort case and no judge is assigned to the case, file the original and three (3) copies of the RJI with the County Clerk’s Office along with a check for $95.00 payable to the Kings County Clerk. You do not have to file any papers with Motion Support. You will be notified automatically by mail of the date of the PC within forty-five (45) days. The County Clerk is located at:

360 Adams Street, Room 189
Window #5
Brooklyn, NY 11201

Unassigned Commercial Cases

If you would like to request a PC for a commercial case and no judge is assigned to the case, purchase the RJI in the County Clerk’s Office, located at:

360 Adams Street, Room 189
Window #5
Brooklyn, NY 11201

The County Clerk will require the original plus three copies of the RJI along with a check for $95.00 payable to the Kings County Clerk. Then file with Motion Support (Room 227) the following:

1. Stamped RJI from the County Clerk
2. Affidavit of service of the RJI
3. Copy of the pleadings

Assigned Cases

If you would like to request a PC and the case has already been assigned to a judge, file with Motion Support (Room 227) the following:

1. Request for PC
Affidavit of Service of the Request for PC

Note: If there is an outstanding motion for Default Judgment or for Change of Venue, you must wait for the motion to be decided before requesting a PC. In some instances, the PC will be automatically scheduled after the motion is decided or withdrawn. If a PC is not scheduled automatically and a default judgment has been granted as to some parties, attach a copy of the default judgment order to the PC request.

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7. What is the procedure for filing a Note of Issue in person?

Go to Motion Support (Room 227) and file the following papers:

a. The original and two (2) copies of the Note of Issue (with the Certificate of Readiness on the back). Please do not staple the copies to the original.

b. A copy of an order directing you to file a Note of Issue, if you have one (do not include PC orders).

c. Affidavit of service (upon all other parties) of the Note of Issue.

The Note of Issue must be filed in Motion Support within the earlier of ten (10) days after service of the Note of Issue (see CPLR 3402) or the date specified in the order (other than Preliminary Conference Order). If the papers are acceptable, the clerk in Motion Support will stamp them approved. Present them for payment or for “NO FEE” stamp at the Kings County Clerk. You will need a check for $95.00 payable to the Kings County Clerk if you would like a jury trial. You will need a check for $30.00 payable to the Kings County Clerk if you would like a non-jury trial. If the jury fee has been paid previously because a prior Note of Issue had been vacated, the fee for filing the Note of Issue is only $30.00. The County Clerk’s Office is located at:

360 Adams Street, Room 189
Window #5
Brooklyn, NY 11201

You do not need to return to Motion support after paying for the Note of Issue.

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8. I saw a “NINA” date listed on the Future Appearance System. What is a NINA date?

NINA stands for “Note of Issue / No Appearance.” It is a court control date used to monitor and determine if a Note of Issue has been filed by the actual due date. The NINA date does not extend the time to file the Note of Issue. If the Note of Issue is not filed by the actual due date and a motion or stipulation to extend the time to file is not submitted, the case will be dismissed. No appearance is required on the NINA date. For example, if the Note of Issue is due to be filed on March 9 and the NINA date is March 24, the Note of Issue must be filed by March 9. Otherwise, the case will be dismissed on March 24.

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9. My papers were rejected because my caption did not match the caption in the court’s computer. What should I do?

If the caption stating the parties in the court’s computer is correct, your papers must reflect the correct caption.

If your caption is correct, provide a stamped copy of the summons, amended summons, supplemental summons, or third party summons from the County Clerk to Motion Support (Room 227) , or provide a copy of an order amending/correcting the caption to Motion Support. The summons or order that you provide must reflect the most recent amendments to the caption, if any. Court personnel may then give you other instructions.

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10. Can I file papers with Motion Support by mail?

Yes, however, delays in delivery, sorting and processing the applicable fees may prevent timely filing of papers in which case the papers may be returned to you.

You may file the following papers by mail: Motions, Opposition Papers/Reply Papers, Notes of Issue, Infant Compromise Orders, PC Requests, Stipulations of Discontinuance/Stipulations of Settlement, and Notices of Settlement. Be certain to include money orders or attorney’s check(s) for applicable fees payable to Kings County Clerk.

The mailing address is:

Kings County Supreme Court
Motion Support
360 Adams Street, Room 227
Brooklyn, NY 11201

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