Motion Practice Rules for Justice McGuire
Supreme Court
Lewis and Jefferson County
Motion Practice Rules for Justice McGuire
Effective date: January 1, 2004
All Supreme Court actions are processed in accordance with the Uniform Rules for the New York State Trial Courts (22 NYCRR 202) and the Civil Case Management Rules of the Fifth Judicial District.
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. If oral argument is requested, it must be clearly indicated in 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.
Appearance. Personal appearance is not required or expected unless directed by the Court or if oral argument is scheduled.
Return date. Use of assigned calendar days for motions in the Fifth District calendar for Lewis and Jefferson County matters is preferred. In an exceptional circumstance, with prior Court Clerk approval, a Submitted Motion may be Noticed for a return date provided by the Court Clerk.
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 and Jefferson County matters, or such other date as the Court 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 and Jefferson County matters, or such other date as the Court Clerk may designate.
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. Notice of Argument. In instances when the Court wishes to hear oral argument on a Notice 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.
Special Proceedings. Oral argument is required on all Article 78 proceedings, and all contempt proceedings.
Failure to appear. Failure of any party to appear by submission of documents or for oral argument at the scheduled date and time may result in the motion being denied and otherwise marked off, or the motion being argued ex parte. A motion may be decided on default.
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. Confirmatory letters to all counsel are preferred. 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 an adjournment that is not on consent must provide good cause why the adjournment should be granted.
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 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.
Certification. All papers 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.
Papers Required in Particular Motions.
1. Pendente Lite relief. In any matrimonial action seeking pendente lite relief 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, if not already filed with the Court. Upon disposition of the motion, all papers and exhibits are filed with the Lewis or Jefferson 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 3212, dismissal of a complaint, a cross-claim or counterclaim under CPLR 3211 or 3212, or the striking of a pleading under CPLR 3124 and CPLR 3126, copies of all pleadings filed as of the date of the 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 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 3024 or to amend or supplement pleadings under CPLR 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 moving party.
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.
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 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 or Judgment determining a Motion or Special Proceeding, notwithstanding that an Order or Judgment may have been filed by the Court with a written Decision.
Supreme Court-Oneida County
Dedicated Matrimonial Part
Matrimonial Motion Practice Rules for Justice McGuire
Effective date: January 1, 2004
Supreme Court matrimonial actions are processed in accordance with the Uniform Rules for the New York State Trial Courts (22 NYCRR 202) and the Civil Case Management Rules of the Fifth Judicial District, Part X.
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. If oral argument is requested, it must be clearly indicated in 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.
Appearance. Personal appearance is not required, expected, or permitted unless directed by the Court or if oral argument is scheduled.
Return date. The assigned calendar days for motions submitted to Justice McGuire for Oneida County matters are the first and third Friday of each term. A Submitted Motion that is Noticed for an improper return date is deemed submitted as of the next assigned Friday. In an exceptional circumstance, with prior Court Clerk approval, a Submitted Motion may be Noticed for a return date provided by the Court Clerk.
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.
Notice of Argument. In instances when the Court wishes to hear oral argument on a Notice 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 ppearances are expected.
Failure to appear. Failure of any party to appear by submission of documents or for oral argument at the scheduled date and time may result in the motion being denied and otherwise marked off, or the motion being argued ex parte. A motion may be decided on default.
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. Confirmatory letters to all counsel are preferred. 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 an adjournment that is not on consent must provide good cause why the adjournment should be granted.
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