--- name: ny-draft-note description: > Scaffold a Notice of Motion or Order to Show Cause for a New York court — the scheduling document that places a motion on the court's calendar. Triggers include 'draft a Notice of Motion', 'CPLR 2214', 'NY OSC', 'Order to Show Cause draft', 'return date', 'CPLR 2214(d) Order to Show Cause', 'CPLR 2215 cross-motion notice', 'OSC TRO request', 'CPLR 6313 preliminary injunction', 'NY motion return date'. Produces a Notice of Motion conformed to CPLR 2214 or an Order to Show Cause conformed to CPLR 2214(d), with attendant TRO language where appropriate. **The NY term is "Notice of Motion" or "Order to Show Cause" — not "Note for Motion Docket" (WA) or "Notice of Hearing" (OR).** version: 0.1.0 --- # Draft a New York Notice of Motion or OSC > **NOT LEGAL ADVICE.** The Notice of Motion or OSC is the > document that gets your motion on the court's calendar. > Errors here can cause the motion to be denied or the > filing to be rejected by the clerk. ## Choose: Notice of Motion or Order to Show Cause? | Use | When | |-----|------| | **Notice of Motion** (CPLR 2214) | Standard motion practice; no emergency; sufficient time to give 8-day minimum notice | | **Order to Show Cause** (CPLR 2214(d), 6313) | Emergency relief (TRO); insufficient time for 8-day notice; specific Part Rule requires OSC for certain motion types; ex parte stay of execution; certain CPLR 5015(a) vacatur motions | OSC requires a Justice's signature on the OSC itself, typically obtained ex parte; the signed OSC is then served on the opposing party. Notice of Motion is filed directly via NYSCEF without judicial pre-signature. ## Notice of Motion template (CPLR 2214) ``` SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF [COUNTY] ----------------------------------------- X [CAPTION] Index No. [#####/YYYY] Hon. [JUSTICE] Part [##] [Plaintiff(s),] NOTICE OF MOTION -against- Return Date: [DATE] Time: [TIME] [DEFENDANT(S)], Place: [Courtroom / Teams] [Defendant(s).] ----------------------------------------- X PLEASE TAKE NOTICE that upon the annexed Affirmation of [NAME], affirmed [DATE], the accompanying Memorandum of Law, and all prior pleadings and proceedings in this action, Defendant [NAME] will move this Court at the courthouse located at [ADDRESS], on [DATE] at [TIME], or as soon thereafter as counsel can be heard, for an order pursuant to: 1. CPLR [SECTION], [DESCRIBE RELIEF]; and 2. Such other and further relief as this Court deems just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), answering papers, if any, shall be served at least seven (7) days prior to the return date of this motion. Dated: [CITY], New York [Month Day, Year] _______________________________ [Signature] [PRINT NAME] Self-Represented Defendant [Address / phone / email] TO: [Name] [Plaintiff's attorney address] ``` ### Filling in the return date CPLR 2214(b): minimum **8 days** notice; **add 5 days** for mail service (CPLR 2103(b)(2)). Add the assigned Justice's Part Rule additional notice period if any. The return date must be on a day the Part hears motions — typically a fixed weekday per Part Rules. Use `ny-schedule-hearing` to pick the date. ## OSC template ``` SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF [COUNTY] ----------------------------------------- X [CAPTION] Index No. [#####/YYYY] Hon. [JUSTICE] [Plaintiff(s),] ORDER TO SHOW CAUSE -against- FOR [RELIEF] [Defendant(s).] ----------------------------------------- X Upon the annexed Affirmation of [NAME], affirmed [DATE], and the exhibits attached thereto, it is hereby ORDERED that [Plaintiff/Defendant] show cause before [the IAS Part] in the courthouse located at [ADDRESS], on [DATE], at [TIME], or as soon thereafter as the parties can be heard, why an order should not be entered: 1. Pursuant to CPLR [SECTION], [RELIEF]; and 2. For such other and further relief as the Court deems just and proper. [TRO language if emergency relief sought:] And it is further ORDERED that, pending hearing and determination of this motion, [STAY/INJUNCTION], on [CONDITIONS, e.g., posting of undertaking]. [Service direction:] Sufficient service of this Order to Show Cause and the underlying papers shall be made upon [Plaintiff/Defendant] by [SERVICE METHOD] on or before [DATE], at least [#] days prior to the return date hereof. Dated: [CITY], New York [Month Day, Year] _______________________________ HON. [JUSTICE NAME] [Title] ``` The OSC is **brought to the Justice's chambers (or e-mailed to the Part email) ex parte** with the supporting affirmation. The Justice signs the OSC, setting the return date and any TRO terms. ## Court emergency-OSC procedure Most NY counties have an emergency-application protocol for OSCs requiring same-day or next-day relief: - **NY County**: 60 Centre Street, Room 130 — ex parte motion-support office - **Kings County**: 360 Adams Street, Room 296 — ex parte motion-support office - **Other counties**: chambers email; see Part Rules ## Cross-motion notice (CPLR 2215) If responding to a motion with a cross-motion, the cross-motion must be served at least **7 days** before the return date (CPLR 2215). Format: ``` NOTICE OF CROSS-MOTION PLEASE TAKE NOTICE that upon the annexed Affirmation of [NAME], affirmed [DATE], Defendant [NAME] will cross-move this Court at the date and time set in Plaintiff's pending Notice of Motion, returnable on [DATE], for an order pursuant to CPLR [SECTION], [RELIEF]. ``` ## Composition with other ny- skills - `ny-statewide-format` — caption + format - `ny-draft-motion` — coordinated with the substantive motion - `ny-draft-declaration` — affirmation in support attached - `ny-schedule-hearing` — selecting the return date per Part Rules - `ny-deadlines` — CPLR 2214(b) 8-day minimum + 5-day mail add-on computation