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Response to Motion to Compel Arbitration
Supreme Court
of the State of New York
New York 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 five (5) days to the notice period, 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...
Civil Branch -- File Opposition and Reply Papers at Motion Support Office on Return Date of Motion
Submit Opposition and Reply Papers on Return Date
Opposition and reply papers, if any, must be filed with the Court at the return date of the more...
Submit Courtesy Copies in Electronically Filed Cases
Counsel may submit courtesy hard copies in electronically filed cases. . 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...
Commercial Division Part 53--Call Court Before Sending Rule 24 Letter
In Part 53 (Justice Charles Edward Ramos), parties shall call chambers before sending a Rule 24 letter. more...
Standard of Review
A written agreement to submit any controversy to arbitration is enforceable regardless of the justiciability 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...
Civil Branch -- Local Procedure
Ex Parte Applications
In New York County, applications are to be submitted to the Ex Parte Office (Room 315) except in Commercial Division cases, in more...
Orders To Show Cause
Motions should be brought on by order to show cause only in a proper case (. Unless otherwise directed, as in an order to show cause, original opposition papers on orders to show cause more...
Consult Individual Judges' Rules
Some New York County Supreme Court Justices have their own additional requirements for ex parte motions and orders more...
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...
Civil Branch -- Motions Returnable to Motion Support Office
Although Uniform Rule 202.8 provides that motions must be returnable to the assigned judge, under Local Rule 13, more...
"All motions/proceedings brought on by notice of motion or notice of petition, in both assigned and unassigned cases, 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 sur-reply papers, including correspondence, addressing the merits more...
Civil Branch -- No Sur Replies
The CPLR does not provide for sur-reply papers, however denominated. Papers or letters regarding a motion should not be presented to the Court after submission of the 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...
Request For Oral Argument
A party seeking oral argument should include the request for oral argument in the Notice of Motion or more...
Commercial Division -- Request for Oral Argument
In the Commercial Division, any party may request oral argument on the face of its papers or in more...
Civil Branch -- Request For Oral Argument
Depending on the assigned Part (i.e. the assigned Justice assigned to the case), contested motions submitted to the 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...
Page Limits on Memoranda of Law
Civil Branch -- Thirty (30) Pages
Memoranda of law, when required, should not exceed thirty (30) pages exclusive of index and table of cases. more...
Commercial Division -- Twenty-Five (25) Pages, Fifteen (15) Pages for Replies
Unless otherwise permitted by the Court: 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, New York County Supreme Court SmartRules 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...
Civil Branch -- Attach Pleadings and Authority
Counsel must attach to motion papers copies of all pleadings and other documents as required by the CPLR 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...
Method
For more detailed information regarding the filing and service of motion papers, including available methods and instructions, more...
Civil Branch -- File Opposition and Reply Papers at Motion Support Office on Return Date of Motion
Submit Opposition and Reply Papers on Return Date
Opposition and reply papers, if any, must be filed with the Court at the return date of the more...
Submit Courtesy Copies in Electronically Filed Cases
Counsel may submit courtesy hard copies in electronically filed cases. . more...
Consult Individual Justice's Rules
Some New York County Supreme Court Justices have their own requirements for filing papers in support of or more...
Electronic Filing and Service Required in Some Actions in Some Counties
Electronic Filing is required or permitted for some types of actions in some New York Supreme Courts. more...
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 Procedures -- New York County Commercial Division
The latest Commercial Division news and announcements can be found at: . more...
Submission By Fax
Commercial Division
In the Commercial Division, papers and correspondence filed by fax should comply with the requirements of Section 202.5-a more...
Civil Branch -- No Papers By Fax
Unless indicated otherwise by the Court in a particular case, or in the standing orders of the Justice more...
Courtesy Copies
Commercial Division
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...
Civil Branch
In the Civil Branch, courtesy copies shall not be submitted unless requested by the Court, but such copies more...
Fee Schedule
The New York County Supreme Court fee schedule is available online at . more...
Oral Argument
A party seeking oral argument should include the request for oral argument in the Notice of Motion or more...
Commercial Division -- Oral Argument
Any party may request oral argument on the face of its papers or in an accompanying letter. more...
Civil Branch -- Oral Argument
Depending on the assigned Part (i.e. the assigned Justice assigned to the case), contested motions submitted to the more...
Commercial Division -- Appearance By Counsel With Knowledge and Authority
Counsel who appear in the Commercial Division must be fully familiar with the case and fully authorized to more...
Civil Branch -- Appearance By Counsel With Knowledge and Authority
Counsel who appear to argue motions must be familiar with the entire case in regard to which they more...
Commercial Division -- Calendar
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...
Civil Branch -- Calendar
For Justices who schedule argument on a case-by-case basis, notice of the argument date will be transmitted by more...
Calendars of motions to be argued in the Parts are published on the morning of the argument date more...
Information on Cases
Information on future court appearances can be found on the court system's Future Court Appearance System (). more...
Adjournment
Any party may request an adjournment of the return date in writing, with notice to the other parties more...
Commercial Division -- Adjournments
Dispositive Motions, i.e. Motions to Dismiss under CPRL 3211 or Motions for Summary Judgment under CPLR 3212 or more...
Approval of Justice Not Required For Most Adjournments
"All justices of the Commercial Division waive the requirement that they be afforded an opportunity to approve adjournments more...
Civil Branch -- Adjournments
Unless otherwise provided, arguments may be adjourned for good cause. However, only one adjournment is allowed, for no more than fourteen (14) days unless for good cause when more...
Certain Justices have additional requirements. Consult the individual Justices rules before requesting an adjournment. Individual Justices rules are online at (See Basic Information). more...
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, New York County Supreme Court SmartRules procedural guide: PROPOSED ORDER. more...
Civil Branch -- Consult Individual Justices Rules
Some New York County Supreme Court Justices have standing requirements for the hearing and disposition of motions and/or requirements regarding proposed orders. more...
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