New Process
Effective June 1, 2023, a new process for noticing motions and setting their return date in the New York County Surrogate’s Court will go into effect. Since the onset of the COVID-19 pandemic, the court has been issuing scheduling orders to calendar and set return dates for motions filed with the court. The use of Notices of Motion will now resume with templates for such notices provided by Surrogate Mella. A link to a "Notice of Motion" template for Surrogate Mella and to instructions for using the template is found below.
The use of this template will assist the court’s staff in efficiently and promptly processing and calendaring motions. There may be delays if a litigant files a motion without using the appropriate template.
Please note that the Notice of Motion template for Surrogate Mella provides that there will be no appearance on the initial return date of the motion, and any appearance must be separately requested in accordance with the instructions in the Notice of Motion template. If an appearance is requested, the court’s staff will coordinate that appearance (whether in person or virtual) with the parties. This appearance may, but most likely will not, be on the noticed return date. If no appearance is requested, the motion will be marked submitted on the return date.
Notice of Motion Template - Surrogate Rita Mella
Part Rules - Surrogate Hilary Gingold