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 | Main 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) |
| 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) |
| 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) |
| 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) |
| 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)