Motions Before Surrogate Rita Mella
For noticing motions and setting their returned date at a calendar before Surrogate Mella, please use the “Notice of Motion” template provided below. Instructions for using the template are included in it.
The use of this template will assist the court’s staff in efficiently and promptly processing and calendaring motions. There may be delays if a litigant files a motion without using the appropriate template.
Please note that the Notice of Motion template provides that there will be no appearance on the initial return date of the motion, and any appearance must be separately requested in accordance with the instructions provided for the use of the template. If an appearance for oral argument is requested, the court’s staff will coordinate the date for that appearance (whether in person or virtual) with the parties. This appearance may, but most likely will not, be on the noticed return date. If no appearance for oral argument is requested, the motion will be marked submitted on the return date unless Surrogate Mella wishes to hear argument in the motion, in which case, the motion will be scheduled to appear at a future motion calendar.
When required by law or when urgent relief is requested, orders to show cause may be used in place of a Notice of Motion. In such cases, the Movant should submit a proposed order to show cause together with the papers in support to the staff of the Miscellaneous Department of this court. When the motion is made by order to show cause, the court will select the return date of the motion.