Motion Practice

A motion is a request for relief from the court. Some typical examples include a motion for permission to file a late claim, a motion that a claim or a defense be dismissed, or a motion requiring the opposing party to disclose information relevant to the claim. In order to make a motion in the Court of Claims, you must prepare a set of "motion papers," serve a copy of the motion papers on the opposing party or the opposing party's attorney, and submit the original and two copies of the motion papers to the Clerk of the Court, with an Affidavit of Service (a sworn statement stating that you served a copy of the papers on the opposing party or parties).

Motion practice in the Court of Claims is governed by sections 206.8 and 206.9 of the Uniform Rules for the Court of Claims.

Get Adobe Acrobat ReaderMotion papers consist of:

  • a Notice of Motion (form),
  • a supporting affidavit (a statement sworn to in front of a notary public which provides the grounds for the relief sought),
  • exhibits (copies of documents that provide support for the relief sought, and a Proposed Claim in the case a of a motion for permission to file a late claim),
  • an Affidavit of Service (form).

In order to place a motion on the court's calendar, consult sections 206.8 and 206.9 of the Uniform Rules, assemble your motion papers (select a Wednesday as the return date of the motion, allowing enough time for a response as required by the CPLR), serve a copy on opposing parties and file the original papers with the Chief Clerk's office: Clerk of the Court of Claims, Motions Unit, P.O. Box 7344, Justice Building, Albany, NY 12224. If you receive papers from your opposing party to which you wish to reply, you may be able to submit reply papers. Unless otherwise provided by the assigned judge, there is no court appearance involved with a motion; the papers are submitted to the judge and a decision is mailed to the parties. Please note that the procedural requirements set forth in the CPLR with respect to motions generally are applicable in the Court of Claims. A few additional things to note:

There is no filing fee for a motion, even for a motion for permission to file a late claim.

You may file your motion papers by fax. See our Filing by Fax page. This does NOT mean that you may serve the papers on opposing parties by fax.