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 Response to Motion to Compel Arbitration

 

 Supreme Court of the State of  New York
 Kings   County

 

Time To Serve Responsive Papers

16-7-1

Under the "16-7-1" briefing schedule, the moving party must serve the notice of motion and motion papers at more...

8-2

Under the "8-2" briefing schedule, the moving party must serve the notice of motion and motion papers at more...

Notice Period and Method of Service

If papers are served by mail, the serving party must add 5 days to the notice period, 1 more...

Selecting the Return Date

All motions must be returnable before the assigned judge. The moving party must consult the judge's calendar and pick a return day that allows the required notice more...

Local Motion Procedure

A description of Kings County local motion procedure can be found online at the Kings County Supreme Court website: . more...

File 5 Days Before Return Date

Motions must be filed at least five (5) business days before the return date of the motion.

File Cross Motions 2 Days Before Return Date

Cross-motions must be filed at least two (2) days before the return date of the motion.

Filing Locations

Motion papers must be filed with the Motion Support Office, currently located in Room 227, or in

Rescheduled by Assigned Judge

Irrespective of the return date indicated in the notice of motion, motions will be rescheduled by the

Commercial Division -- Local Rules

The Court will entertain motions, as scheduled in the New York Law Journal and on E-Courts, on Wednesdays. more...

All motions require appearances and oral argument. more...

All responsive papers must be filed with the Motion Support Office or the Clerk of the Part at more...

The first call of the motion calendar will be at 9:45 AM. . ("Commercial Division")( more...

Advance Notice of Motions

Before filing a motion in the Commercial Division, the moving party must--unless the motion is of a type more...

Any opposing party intending to file a cross-motion must send a "similar motion notice letter" to the Court more...

After reviewing the motion notice letter, the Court will schedule a telephone or in-court conference with counsel to more...

Exceptions for Motions to Dismiss, Motions for Summary Judgment, Discovery Motions, and Certain Other Motions

No advance notice is required for more...

Conference With Counsel

Counsel fully familiar with the matter and with authority to bind their client must be available to participate more...

If the Matter Is Resolved at the Conference

If the Court can resolve the matter during the conference, the Court will (a) issue an order consistent more...

If the Matter Cannot Be Resolved at the Conference

If the matter cannot be resolved, the parties must set a briefing schedule to be approved by the more...

Advance Notice Procedure and Deadlines

Where a motion must be made within a certain time under the CPLR, proper submission of a motion more...

Standard of Review

A written agreement to submit any controversy to arbitration is enforceable regardless of the of the underlying controversy. more...

Motion to Compel Arbitration Per Agreement

A party aggrieved by another party's failure to arbitrate a claim can file an application (if there is more...

Compulsory Arbitration of Certain Claims

The CPLR and the Rules of the Chief Justice provide for compulsory arbitration of certain claims.Claims for recovery of sums under six thousand dollars ($6,000.00) are subject to compulsory arbitration in all state more...

Consult Individual Judges' Rules

The Kings County judges have posted their rules online at: . more...

Local Rule--Discovery Related Relief

Motions which only seek discovery related relief are scheduled by the Motion Support Office in the Centralized Compliance

Attorneys are advised to consult the New York Law Journal or the Unified Court Systems Future

Where Motion Made

A motion on notice in an action in the Supreme Court shall be noticed to be heard in more...

Returnable to Assigned Judge

All motions must be made returnable to the judge assigned to the case and all papers related to more...

Special Procedure for Unassigned Cases

In the event that a motion is filed before the case has been assigned to a judge, the more...

Cross Motions

A cross motion is made returnable at the same time and place as the pending motion. A party must serve notice of a cross-motion at least three (3) days prior to the time at more...

Prior Motion

Any motion may be referred to a judge who decided a prior motion in the action. more...

Transfer of Motion

If a motion is made to a judge who is or will be for any reason unable to more...

Trial of Issue Raised on Motion

The Court may order that an issue of fact raised on a motion shall be separately tried by more...

Commercial Division -- No Sur-Replies or Post-Submission Papers

Unless the Court gives express permission in advance, counsel must not submit -reply papers, including correspondence, addressing the merits of a motion. more...

Caption

Every written response must begin with a caption setting forth the name of the court, the venue, the more...

Party Names

It is appropriate to name only the first plaintiff and/or defendant and indicate the existence of other parties more...

Commercial Division Requirements

Request For Oral Argument

In the Commercial Division, any party may request oral argument on the face of its papers or in more...

Statement of Compliance With Advance Notice Rule

On the face of all notices of motion filed with the Commercial Division, there must be a statement more...

Statement of Relief Sought

The moving party must specify the exact relief sought (a) in the notice of motion or order to more...

Page Limits

Unless otherwise permitted by the Court: more...

"16-7-1" Briefing Schedule --Request Service of Opposition Papers Within Seven Days of Return Date

If the moving party chooses the "16-7-1" briefing schedule, that party must request, in its moving papers, service more...

Affidavits and Briefs -- Subject Matter

Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of more...

Signature

Each paper served or filed shall be indorsed with the name, address and telephone number of the attorney more...

Every pleading, written motion, and other paper, served on another party or filed or submitted to the court more...

Signature Certifies that Document is Not Frivolous

A party or attorney's signature on any pleading or paper served on another party or filed or submitted more...

Additional Format Requirements

For more information, Kings County Supreme Court procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

Commercial Division -- Attach Pleadings and Authority

Counsel must attach copies of all pleadings and other documents as required by the CPLR and as necessary more...

Whenever a party relies upon a decision or other authority not readily available to the court, the party more...

Commercial Division -- Proposed Orders

When appropriate, proposed orders are submitted with motions such as motions to be relieved, pro vice admissions, open commissions and similar motions. more...

Electronic Filing

Electronic Filing is required or permitted for some types of actions in some New York Supreme Courts. more...

Serve Affidavits and Briefs with Notice of Motion

All affidavits and briefs submitted in support of a motion must be served with the Notice of Motion. more...

Provide Court with All Papers

Each party must furnish to the court all papers served by that party with respect to the motion. more...

Local Rule -- Courtesy Copies Not Required

No courtesy copies of motion papers are required by the Court, except as may be required for

Commercial Division Requirements

Electronic Submission of Papers

In Commercial Division cases not pending in the Court's Filing by Electronic Means System, the Court may permit more...

Fax Submission

In the Commercial Division, papers and correspondence filed by fax should comply with the requirements of Section 202.5-a more...

Courtesy Copies

In the Commercial Division, courtesy copies should not be submitted unless requested or as otherwise provided. However, courtesy copies of all motion papers and proposed orders must be submitted in cases in the Court's more...

Local Commercial Division Rule -- File 2 Days Before Hearing

All responsive papers must be filed with the Motion Support Office or the Clerk of the Part

Consult Judges' Rules Regarding Hearings

The Kings County judges have posted their rules online at: . more...

Oral Argument

A party seeking oral argument should include the request for oral argument in the Notice of Motion or more...

Local Rule -- Appearance and Argument

All motions require appearances and oral argument. . ("Motions in IAS Parts")(amended 1/14/10)

Commercial Division -- Request For Oral Argument

Any party may request oral argument on the face of its papers or in an accompanying letter. more...

Commercial Division -- Appearance By Counsel With Knowledge and Authority

in the Commercial Division must be fully familiar with the case and fully authorized to enter into agreements, more...

Local Commercial Rule -- Appearance Required

An appearance by an attorney with knowledge of the case and authority to bind the party is

Hearings

Motion Calendar Calls

There are 2 calendar calls on motion days, 9:30 AM and 10:45 AM, (unless the Judges Part Rules more...

Defaults

Defaults are taken on second call. Attorneys with other appearances may advise the clerk of their whereabouts to avoid a default. more...

Commercial Division Hearings

Information on Cases in First Judicial Department (New York County) and Second Judicial Department (Kings County)

For the First and Second Judicial Departments, information on future court appearances can be found at the court more...

Decisions can be found on the Commercial Division home page of the Unified Court System's website: or in more...

Commercial Division Motion Call

The Court will entertain motions, as scheduled in the New York Law Journal and on E-Courts, on Wednesdays. more...

All motions require appearances and oral argument. more...

All responsive papers must be filed with the Motion Support Office or the Clerk of the Part at more...

The first call of the motion calendar will be at 9:45 AM. . ("Commercial Division")( more...

An appearance by an attorney with knowledge of the case and authority to bind the party is required more...

Following argument and reservation of decision by the Court, no supplemental submissions will be accepted by letter or more...

Adjournment

Any party may request an adjournment of the return date in writing, with notice to the other parties more...

Local Procedure--Civil Term Adjournments

Motions in IAS Parts

Unless the Judges Part Rules provide otherwise, motions may be adjourned twice, on consent, without appearance, for a

Central Compliance Rules

One adjournment, for a period not to exceed sixty (60) days from the initial return date of

Adjournment by stipulation: Stipulations must be signed by all parties who were served with the motion.

In Court Adjournment: For the first adjournment, all parties who were served with the motion must be present

There shall be no extension of time for filing summary judgment motions after the Note of Issue

. ("Central Compliance, Adjournment of Motions")(amended 1/14/10)

Most first time motions are automatically adjourned by the court to the judges next available motion date. However, more...

Commercial Division Adjournment of Motions

Dispositive Motions, i.e. Motions to Dismiss under CPRL 3211 or Motions for Summary Judgment under CPLR 3212 or more...

Dispositive motions (made pursuant to CPLR 3211, 3212 or 3213) may be adjourned only with the Courts consent.

Non-dispositive motions may be adjourned by written stipulation no more than three times for a total of

Adjournments must be obtained at least two (2) business days in advance of the return date except

Stipulations must be accompanied by a cover letter explaining the reason for the adjournment. Fax numbers for all

Sixty (60) Day Rule in Commercial and Non-Commercial Cases

Non-Commercial Cases

To assist in preparing the quarterly report of pending civil matters required by section 4.1 of the Rules more...

Commercial Cases

If Sixty (60) days have elapsed after a motion has been finally submitted or oral argument held, whichever more...

Proposed Orders Must Be Submitted Within Sixty (60) Days

Proposed orders, with proof of service on all parties where the order is directed to be settled or more...

For more information on submitting proposed orders, Kings County Supreme Court procedural guide: PROPOSED ORDER. more...

Local Rule Re Orders

If all parties who were served with the motion are present, they may enter into a consent

The consent order must be signed by all parties. If a new Note of Issue date is

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