Chapter 185 of the Laws of 2007 (Download STATUS.doc
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amends the CPLR regarding motion practice. Under the old rule, a party could cross move and serve it on the third day before the motion date. Some practitioners gave their adversaries earlier notice as a professional courtesy, but others used this extremely short deadline as a point of strategy.
Under the practice now, if the movant gives 16 days notice (where service is in person; 21 by mail), the movant can require the opposing parties to serve a cross motion at least 7 days before the return date. See CPLR 2215 (Download rule_2215.doc
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Here’s the tweak: the cross movant only gets 3 days added on to the 7 for mailing. BE CAREFUL: This provision does not apply the 5-day mailing add on for cross motions that we are used to for regular motions. If the cross movant uses overnight delivery, the cross movant gets the usual 1 day add on.