CPLR 2214
Rule 2214. Motion papers; service; time
(a) Notice of motion. A notice
of motion shall specify the time and place of the hearing on the
motion, the supporting papers upon which the motion is based, the
relief demanded and the grounds therefor. Relief in the alternative
or of several different types may be demanded.
(b) Time for service of notice and affidavits. A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard. Answering affidavits shall be served at least two days before such time. Answering affidavits and any notice of cross-motion, with supporting papers, if any, shall be served at least seven days before such time if a notice of motion served at least sixteen days before such time so demands; whereupon any reply or responding affidavits shall be served at least one day before such time.
(c) Furnishing papers to the court.
Each party shall furnish to the court all papers served by him.
The moving party shall furnish at the hearing all other papers not
already in the possession of the court necessary to the consideration
of the questions involved. Where such papers are in the possession
of an adverse party, they shall be produced by him at the hearing
on notice served with the motion papers. Only papers served in accordance
with the provisions of this rule shall be read in support of, or
in opposition to, the motion, unless the court for good cause shall
otherwise direct.
(d) Order to show cause. The
court in a proper case may grant an order to show cause, to be served
in lieu of a notice of motion, at a time and in a manner specified
therein. An order to show cause against a state body or officers
must be served in addition to service upon the defendant or respondent
state body or officers upon the attorney general by delivery to
an assistant attorney general at an office of the attorney general
in the county in which venue of the action is designated or if there
is no office of the attorney general in such county, at the office
of the attorney general nearest such county.
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