Fifth District Supreme & County Court Civil Case 
Management Rules Amendment
 

AMENDMENT - JUNE 30, 2003

In the Fifth Judicial District, all cases are required to be assigned to an Individual Assignment Justice before a motion may be made returnable in an action.

The attached schedule (Appendix A - page 15 ) lists the requirements of the Fifth Judicial District justices with respect to appearance for oral argument. Unless excused by the assigned Justice or his/her designee, the moving party must appear on the return date of any motion or petition where oral argument is required. For those justices who do not require oral argument, the assigned justice at his/her discretion or at the request of a party, may determine that any such motion be orally argued, so advising the parties. Where all parties to a motion or petition request oral argument, oral argument will be granted unless the Court determines it is not necessary.

For a motion relating to disclosure or to a bill of particulars, see also Section VII (Preliminary Conferences).

All justices in the Fifth Judicial District have designated return dates for motions. Those dates are set forth on the annual schedule distributed throughout the District, and copies are available in the Supreme and County Court Clerk’s Office in each County.

All motions, which do not serve to commence an action, and all cross motions will be subject to a $45 filing fee. The term motion includes applications for relief whether made by notice of motion, order to show cause, or ex parte, in an action that requires the assigning of an index number and payment of an index number fee.

The original motion papers, motion note of issue in duplicate, and motion filing fee must be sent or delivered by the moving party to the County Clerk’s Office (Clerk of the Court) in the county of venue. The papers will then be forwarded by the County Clerk or delivered by the moving party to the Supreme Court Clerk’s Office in the county of venue with proof of payment of the motion filing fee and any other applicable fees. The Supreme Court Clerk’s Office will stamp the papers RECEIVED, date, and initial them. If the case has not yet been assigned to a justice, the Supreme Court Clerk’s Office will assign a justice and a return date. If the case has previously been assigned to a justice, the moving party will choose a return date from those available for that justice. After serving the moving papers, the moving party will provide the affidavit of service to the assigned justice.

The answering party(ies) will serve copies of all affidavits and briefs as required by CPLR 2214 upon opposing counsel and will deliver the originals of such documents to the Supreme Court Clerk’s Office, which will then time and date stamp the papers and deliver them to the assigned justice. With respect to motions on which oral argument is required, all answering papers required to be furnished by CPLR 2214(c) must be filed with the Supreme Court Clerk at least two (2) days prior to the return date. The Supreme Court Clerk’s Office will be unable to accept answering papers filed less than the two days prior to the return date without the prior written approval of the assigned justice.

If the answering party wishes to make a cross motion, the original cross motion must be sent or delivered by the moving party to the County Clerk’s Office (Clerk of the Court) in the county of venue. The papers will then be forwarded by the County Clerk or delivered by the cross movant to the Supreme Court Clerk’s Office in the county of venue with proof of payment of the cross motion filing fee. The Supreme Court Clerk’s Office will stamp the papers RECEIVED, date, and initial them. The papers will then be forwarded to the assigned justice.

Any questions with reference to the above should be directed to the Supreme Court Clerk’s Office in the county of venue.

Stipulations made by the parties of a first adjournment of the return date of a motion must be directed to the court clerk assigned to the justice in Oneida and Onondaga Counties, and to the Chief Clerk in Herkimer, Jefferson, Lewis and Oswego Counties. Such stipulations will be effective unless the court otherwise directs; in that event, the parties will be so notified.

Where all the parties do not agree to an adjournment, or it is other than a first adjournment, a request for the adjournment must be made to the law clerk of the assigned justice, with notice to the other party(ies). The court will notify the requesting party whether the adjournment has been granted.

Stipulations or requests for adjournment will be in writing, unless the justice or the justice’s designee finds that circumstances justify the stipulation or request not being made in writing.