New Motion Practice Rules now in Effect
Motion practice, expecially cross-motion times have been changed.
"Section 1. Subdivision (b) of rule 2214 of the civil practice law and rules, as amended by chapter 177 of the laws of 1984, is amended to read as follows: (b) Time for service of notice and affidavits. A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard. Answering affidavits shall be served at least two days before such time. Answering affidavits and any notice of cross-motion, with supporting papers, if any, shall be served at least seven days before such time if a notice of motion served at least [twelve] sixteen days before such time so demands; whereupon any reply or responding affidavits shall be served at least one day before such time.
§ 2. Rule 2215 of the civil practice law and rules, as amended by 14 chapter 132 of the laws of 1980, is amended to read as follows: Rule 2215. Relief demanded by other than moving party. At least three days prior to the time at which the motion is noticed to be heard, or seven days prior to such time if demand is properly made pursuant to subdivision (b) of rule 2214, a party may serve upon the moving party a notice of cross-motion demanding relief, with or without supporting papers; provided, however, that: (a) if such notice and any supporting papers are served by mailing, as provided in paragraph two of subdivision (b) of rule 2103, they shall be served three days earlier than as prescribed in this rule; and
(b) if served by overnight delivery, as provided in paragraph six of subdivision (b) of rule 2103, they shall be served one day earlier than as prescribed in this rule. Relief in the alternative or of several 4different types may be demanded; relief need not be responsive to that demanded by the moving party.
§ 3. This act shall take effect immediately; provided, however, that this act shall apply to a notice of motion served on or after the date on which this act shall have become a law."