A. Motions on Notice
1) Motions/Petitions Returnable in Room 217: A motion on notice or a notice of petition in a New York Supreme Court E-File (hereafter known as NYSCEF) case, as in others, shall be made
returnable Supreme Court, Bronx County 851 Grand Concourse, Bronx, New York 10451 Room
217. The motion must be filed with NYSCEF, and the motion fee paid for via NYSCEF by credit/debit card.
2) Calendaring of Motion/Petition and Notice by Court Staff: After a motion/petition and notice are filed with the NYSCEF system, the Motion Support Office will automatically place the
motion/proceeding on the submit calendar in the Motion Support Office (Room 217) for the return
date. No appearance or other action by the filer is required in order for the motion to be calendared if the motion fee is paid for via NYSCEF. Motions in e-filed cases (other than tax certiorari cases) appear on the submit calendar in Room 217 on the return date.
3) Adjournments on Motions/Petitions in Room 217: Motions that have been e-filed may be
adjourned in Room 217 if an adjournment complies with the procedures of the Motion Support Office (explained in the “Filing Rules- Motion Procedure” section of the “Courthouse Procedures” link on the website of this court). An adjournment that so complies may be obtained by filing a stipulation of all parties with NYSCEF (designated in the filing menu as a “Stipulation to Adjourn Motion”).
4) Working Copies will no longer be accepted on any motion related papers by Motion
Support
On orders to show cause that are made returnable in the Part, working copies of e-filed opposition and (if allowed) reply papers (with backs and tabs) must be delivered to the Part. As to all such documents, and any document the court may allow a party to hand up in the courtroom on a motion/petition on notice beyond those previously submitted in Room 217, the attorney must file each document with NYSCEF and thereafter submit in the part a working copy bearing firmly affixed thereto, as the back page facing out, a copy of the related NYSCEF Notice. Documents lacking a copy of the related Notice will not be accepted.
B. Orders to Show Cause
1) Proposed Orders to Show Cause and Supporting Documents to be Filed On-Line: Except as provided in the following paragraph, proposed orders to show cause and supporting documents in all NYSCEF cases must be submitted by filing with the NYSCEF system; original documents will not be accepted by the Clerk. Counsel must comply with Uniform Rule 202.7 (f) regarding notice of the application.
2) Permissible Submissions in Hard Copy: If a party seeking a TRO submits an
affirmation/affidavit demonstrating significant prejudice from the giving of notice (see Rules 202.7 (f)) seeks to submit documents in an emergency, the proposed order to show cause and supporting documents may be presented to the Legal Support Bureau in hard copy form. The papers must be accompanied by, as the back page facing out, a completed Notice of Hard Copy Submission - EFiled Case. A proposed order to show cause and supporting documents that must be presented to a Justice outside normal court hours shall be presented in hard copy. In all situations described in this paragraph (other than that of an exempt party), documents submitted in hard copy form must thereafter be e-filed, as set forth below.
3) Office Review of Submissions Will be Done On-Line: Absent unusual practical difficulties, a proposed order to show cause and supporting documents that have been filed with NYSCEF will be reviewed on-line by the Legal Support Bureau. If there are problems with the documents, the submitting attorney will be promptly contacted by the back office by e-mail or telephone.
4) Hard Copies: Except for instances covered by Par. (2) of this section, a hard copy of a proposed order to show cause and the supporting documents with Confirmation Notice(s) must be submitted to the Legal Support Bureau.
5) Hard Copy Service: In cases in which hard copy service is made of documents that were
submitted in hard copy form pursuant to Par. (2) of this section and where no party is served
electronically, the filing attorney or party shall, no later than three business days after service, e-file the supporting papers (designating them in the NYSCEF document type drop-down menu on the filing screen as “Supporting Papers to OSC (After Service)),” together with proof of hard copy service. Failure to do so will cause the County Clerk file to be incomplete. The Clerk will e-file the signed order to show cause after the deadline for service has passed.
6) Declination: If the Justice declines to sign the order to show cause, the Clerk will electronically file the declined order. If the proposed order to show cause and supporting documents were filed
with the court in hard copy form, the filing attorney or party (other than an exempt party) shall file the supporting documents with NYSCEF no later than three business days after the filing by the clerk. Failure to do so will cause the County Clerk file to be incomplete.
7) E-Service of Signed OSC and Supporting Documents: If the court directs that the signed order to show cause and supporting documents be served electronically, a conformed copy of the signed order should be designated as “Conformed Copy of OSC” in the NYSCEF document type drop-down menu on the filing screen.