New York Motion Practice: A Return-Date Filing Checklist

A motion can involve several documents, service steps, and court-specific instructions. A simple return-date review helps a litigation team confirm that the papers are organized and that the filing record matches what was served.

Start with the assigned judge and return date

New York Uniform Civil Rule 202.8(a) states that motions are returnable before the assigned judge and that all papers must be filed with the court on or before the return date. Before assembling a submission, confirm the assigned judge, the return date, and any applicable part rules or court instructions.

Use a consistent document check

For each motion, staff can compare the notice or order, supporting affidavits, memorandum, exhibits, and responding papers against the case file. Rule 202.8(c) says the moving party serves copies of affidavits and briefs on the other parties with the notice of motion. It also directs that affidavits state relevant facts and briefs state relevant law.

Keep proof of service and filing confirmations with the motion materials. Check that document names, exhibit labels, index number, party names, and signature pages are consistent. If the case is in NYSCEF, follow the applicable e-filing rules and the assigned court’s instructions; a filing receipt is useful for the file, but it does not replace checking the docket for the accepted filing.

Know what happens at submission

Under Rule 202.8(d), motion papers received by the clerk on or before the return date are deemed submitted as of that date. The assigned judge may decide whether oral argument will be held and may set a time for it. If a party requests oral argument, the rule identifies where to state that request in the motion papers.

Treat adjournments as a court-facing step

Rule 202.8(e) provides that an agreed stipulation to adjourn a return date must be in writing and submitted to the assigned judge, and that the court may otherwise direct. Without agreement, a party’s written adjournment request must be made on notice to the other party and submitted to the judge on or before the return date. Do not treat an informal discussion as confirmation that the court has granted an adjournment.

A practical calendar entry can capture the return date, filing status, service status, any oral-argument request, and whether an adjournment request has been decided. These administrative checks help teams keep the record clear while counsel handles legal strategy and case-specific requirements.

Sources

New York Courts, Uniform Civil Rule 202.8, Motion procedure: https://www.nycourts.gov/rules/rule/section-2028-motion-procedure

New York Courts, Part 202, Uniform Civil Rules for the Supreme Court and County Court: https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court

This article provides general educational information only and is not legal advice. Court rules, local practices, and case-specific orders may affect a particular matter.