N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.7 - Service and filing of papers; motions
(a) Whenever service of a paper or notice
is required, copies thereof shall be served upon all parties who have appeared
and upon such other persons as the Surrogate may direct. Except as further
provided in section
207.9 of this Part, a party has
appeared within the meaning of these rules so as to entitle the party to be
served with notices or papers:
(1) if the party has filed a written
notice of appearance with a demand for service of all papers at a specified
address; or
(2) if the
party has filed a pleading upon which is endorsed the name and address of the
attorney appearing for the party or the name and address of the party appearing
pro se.
(b)
Proof of service of the paper or notice upon all parties shall be filed with
the original paper or notice.
(c) In all proceedings the proof of
service of process, notices of motion and orders to show cause shall be filed
on or before the second day preceding the return date unless the court
otherwise permits. In computing such period of two days, Saturdays, Sundays and
legal holidays shall not be taken into account. This provision shall not apply
to an order to show cause returnable in such limited time as to make compliance
with its provisions impracticable.
(d) All contested motions and proceedings
shall be made returnable on any day the court is in session, unless otherwise
provided in the local rules of the court or by order of the
Surrogate.
(e) Unless
the court otherwise permits, the moving party shall serve copies of all
affidavits and briefs upon all other parties at the time of service of the
notice of motion. The answering party shall serve copies of all affidavits and
briefs as required by CPLR 2214. Affidavits shall be for a statement of the
relevant facts, and briefs shall be for a statement of the relevant law. Unless
otherwise directed by the court, answering and reply affidavits and briefs and
all papers required to be furnished to the court by CPLR 2214(c) must be filed
no later than the time of argument or submission of the motion.
(f) The Surrogate may determine
that any or all motions in that court be orally argued and may direct that
moving and responding papers be filed with the court prior to the time of
argument.
(g)
(1) Unless oral argument has
been requested by a party and permitted by the court, or directed by the court,
motion papers received by the clerk of the court on or before the return date
shall be deemed submitted as of the return date.
(2) Attendance by counsel at the
calendar call shall not be required unless:
(i) a party intends to make an
application to the court that is not on the consent of all parties;
(ii) attendance of counsel or
oral argument is directed by the court; or
(iii) oral argument is requested by a
party.
(3)
Attendance by counsel for a party not requesting oral argument is not required
where the hearing of oral argument is based solely upon the request of another
party.
(4) A party
requesting oral argument shall set forth such request in its notice of motion
or on the first page of the answering papers, as the case may be. A party
requesting oral argument on a motion brought on by order to show cause shall do
so as soon as possible prior to the time the motion is to be heard.
Notes
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