Amendment to CPLR Concerning Cross Motions

Chapter 185 of the Laws of 2007 (Download STATUS.doc
)
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
)

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.

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