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RELATED DOCUMENTS:
New York - Bronx Supreme
New York - Bronx Supreme
New York - Bronx Supreme
New York - Bronx Supreme
New York - Bronx Supreme


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 Motion for Preliminary Injunction

 

 Supreme Court of the State of New York
 New York County

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Serve Notice of Motion for Preliminary Injunction at Any Time Prior to Judgment

A notice of motion for preliminary injunction may be served with the Summons or at any time prior more...   

Briefing Schedule

The moving party can elect one of two briefing schedules: "16-7-1" or "8-2". more...

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...

For Unassigned Cases -- File 5 Days After Service

If a case has not been assigned to a judge, the motion shall be made returnable before the more...

The moving party must give written notice of the index number to all other parties immediately after filing more...

Copies of all responding papers must be submitted to the court, with proof of service and with the more...

Civil Branch -- Local Motion Procedure

Deliver Originals to Court at Least 5 Business Days Before Return Date

Original moving papers must be delivered to the General Clerk's Office, Room 119, at least 5 business days more...

Additional Local Procedure

More information regarding motion procedure in assigned and unassigned cases in New York County can be found online more...

 Commercial Division Pre-Motion Teleconference

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--Rule 24 Letter Not Required

Commercial Division Rule 24 letters are NOT required in Part 53. more...

 Rules & Requirements

Grounds for Preliminary Injunction

A preliminary injunction may be granted when it appears that the defendant is engaging in, permitting or threatening more...

Notice to Defendant Required

Preliminary Injunctions may only be granted on notice to the defendant. Notice may be served with the Summons or at any time thereafter. more...

Public Entities

Venue

Where the injunction seeks to restrain a public entity from performing a public duty the injunction may only more...

Notice

Notice of motion for a preliminary injunction to restrain state officers or boards of state officers under the more...

Affidavit Required

On a motion for a preliminary injunction the plaintiff shall show, by affidavit and such other evidence as more...

Issues of Fact

If the plaintiff's papers establish the required elements for a preliminary injunction, the raising of an issue of more...

Mandatory Posting of Bond

Before a preliminary injunction can be granted the plaintiff must post bond to protect the defendant against damages more...

Injunction by Appellate Court

The Court of Appeals may grant, modify or limit a preliminary injunction pending an appeal or decision on more...

Vacating or Modifying Preliminary Injunction

A defendant enjoined by a preliminary injunction may, with notice to the plaintiff, move at any time to more...

Civil Branch -- Extensions of Discovery Deadlines

In the Civil Branch, strict compliance with all discovery orders is required. No extensions are allowed without court approval for good cause. 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 General Clerk s Office

Although Uniform Rule 202.8 provides that motions must be returnable to the assigned judge, under Local Rule 13, more...

Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by 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...

 Moving Papers

Caption

Every paper served or filed must begin with a caption setting forth the name of the court, the more...

Party Names

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

Notice of Motion

Unless a motion is brought by application, or order to show cause, the motion papers must include a notice of motion. more...

The Notice of Motion must be in the form detailed in Uniform Rule 202.7(b). . more...

The Notice of Motion must specify the time and place of the hearing on the motion, the supporting more...

Commercial Division -- 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...

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...

Statement of Relief Sought

Commercial Division

The moving party must specify the exact relief sought (a) in the notice of motion or order to 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 -- 30 Pages

Memoranda of law, when required, should not exceed 30 pages exclusive of index and table of cases. more...

Commercial Division -- 25 Pages, 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...

 Additional Documents

Request for Judicial Intervention Form

If a judge has not already been assigned to the case, the moving party must, along with the more...

New York County Supreme Court SmartRules procedural guide: REQUEST FOR JUDICIAL INTERVENTION. more...

Commercial Division -- Proposed Orders

When appropriate, proposed orders are submitted with motions such as motions to be relieved, pro hac vice admissions, more...

Non-Commercial Cases -- No Proposed Order

In non-commercial cases it is not the practice to submit a proposed order with moving or response papers. 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...

 Filing & Service

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...

Filing Motions in New York County Supreme Court Civil Branch

Motions are processed by the General Clerk's Office (Room 119) and are to be made returnable in the more...

Cases Subject to Electronic Filing

For electronically-filed cases, see the Protocol on Courthouse Procedures in E-Filed Cases: (amended eff 8/1/14). more...

Fee Schedule

The New York County Supreme Court fee schedule is available online at . 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...

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...

Service on Public Entities

Motions for Preliminary Injunctions against state entities must be served not only on the entity but also on more...

 Hearing & Disposition

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 scheduled court appearances and other case activity (including the issuance of decisions and orders) can also 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...

Adjournment of Motions

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

Civil Branch -- Adjournments

Unless otherwise provided, arguments may be adjourned for good cause.However, only one adjournment is allowed, for no more than 14 days unless for good cause when a more...

Certain Justices have additional requirements. Consult the individual Justice s rules before requesting an adjournment. 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: 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...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
New York - Bronx Supreme
New York - Bronx Supreme
New York - Bronx Supreme
New York - Bronx Supreme
New York - Bronx Supreme