CIV-GP-124-i- Notice of Motion

Jurisdiction: Country: United States | Province or State: New York

What is a CIV-GP-124-i- Notice of Motion?

The CIV-GP-124-i- Notice of Motion is the standard notice form you use to ask the Civil Court of the City of New York to decide a specific request in an ongoing civil case. It tells the court and the other side what you want, why you want it, and when the court will consider it. It also sets a schedule for the other side to respond and for you to reply.

You file this notice in a case that already exists. It is not used to start a new case. It is a “motion on notice,” which means you must serve it on all other parties. You also must give them time to respond before the court considers your request. The court will decide based on the papers, unless it directs oral argument.

Who typically uses this form?

Self-represented litigants and attorneys use it in the General Civil Part. Plaintiffs and defendants use it alike. Typical users include consumers in debt cases, small businesses in contract disputes, and individuals in property damage cases. It is also used by insurers, subrogation plaintiffs, and commercial litigants with lower-dollar disputes.

Why would you need this form?

You use it whenever you want the court to issue an order in your case, and there is no emergency that requires an order to show cause. Common examples include asking the court to dismiss a claim, compel discovery, extend a deadline, vacate a default, or grant summary judgment.

Typical usage scenarios

You were sued on a credit card debt, and you want the case dismissed for improper service. You served discovery requests, but the other side did not respond, and you want the court to compel answers. You missed a court date because of a documented emergency and now need to vacate the default. You finished discovery and want a ruling as a matter of law. You need to amend your complaint to add a party or a claim. In each scenario, the Notice of Motion frames the relief you seek and the legal and factual basis for that relief.

The Notice of Motion works together with your supporting papers. Those include an affidavit or affirmation in support and any exhibits. You also include a proposed order if it will help the court grant clear relief. You must serve the Notice of Motion and all supporting papers on the other side. You then file them with the court along with proof of service and the required fee.

When Would You Use a CIV-GP-124-i- Notice of Motion?

Use this Notice when you need a court order in a pending case, and you can provide advance notice to the other side. You are not asking for immediate emergency relief. Instead, you ask the court to schedule consideration of your request on a set return date.

If you are a defendant in a consumer debt case, you might use the Notice to dismiss the complaint. You might argue that the plaintiff lacks proof of the account or that the claims are time-barred. You could also move to compel the plaintiff to produce documents after discovery delays. If you defaulted, you might move to vacate a default judgment and restore the case.

If you are a plaintiff in a contract case, you might use it to compel discovery when the defendant ignores requests. You might seek sanctions for noncompliance. You may also move for summary judgment after discovery shows no valid defense. You might move to strike affirmative defenses that are not supported by facts.

If you run a small business, you might ask to amend your pleadings. For example, you may need to add a corporate entity you later learned is responsible. You might also move to consolidate two related cases pending in the same county. If the case was filed in the wrong county, you might move to change venue to the proper county.

If you are a nonparty served with a subpoena, you might move to quash or modify the subpoena. You would use this Notice to explain undue burden or privilege and ask the court for relief. If you are a party facing a burdensome subpoena, you might seek a protective order.

This Notice also fits routine scheduling issues. You can ask to extend a deadline for discovery or motion practice. You can ask the court to “so-order” a discovery stipulation if the other side will not agree. You can ask the court to mark compliance with prior orders.

Do not use this Notice if you need urgent relief before the other side can be heard. If you need an immediate stay, a temporary restraining order, or to pause enforcement of a judgment, you usually need an order to show cause. That is a different form and process. If you are unsure which you need, the clerk can tell you the proper vehicle, but cannot give legal advice.

Legal Characteristics of the CIV-GP-124-i- Notice of Motion

A Notice of Motion is not an order. It is a formal request that starts motion practice. It becomes effective when properly served and filed. It is legally significant because it triggers response deadlines and places your request on the court’s calendar.

What ensures enforceability?

Proper service on all parties and timely filing with proof of service. The return date must follow the court’s timing rules. The motion must identify the relief requested with clarity. It must include a sworn statement of facts in support and any exhibits you rely on. If the court grants your motion, the court’s order is binding and enforceable. The motion notice itself is not binding, but the resulting order is.

Your supporting papers carry weight. Your affidavit or affirmation should set out facts based on personal knowledge or records kept in the ordinary course of business. Attach documents that support your statements. Label each exhibit clearly. Make sure your exhibits are readable. The court decides based on the record you present and any opposition.

Timing rules matter. Your notice must give the other side a fair chance to respond. If you serve the motion by hand, shorter notice may apply. If you serve by mail, you must add mailing days to the minimum notice period. Many motions use an eight-day notice schedule. In that case, opposition is due shortly before the return date, and your reply is due shortly after that. If you want earlier opposition, you may serve with additional notice and demand earlier opposition in the notice. You must then meet the longer lead-time for your own service. Always build in enough time so you can serve, file, and meet the fee requirement.

The court can decide the motion on the papers. You can request oral argument in the Notice. The court may grant or deny that request. Even if the argument is allowed, many motions are marked “on submission.” That means the judge will decide from the written submissions. If the court requires your appearance, it will notify you, or the notice will state that a personal appearance is required on the return date.

If you fail to serve or file correctly, the court may decline to reach the merits. If you pick a return date that does not comply with timing rules, the motion may be rejected or adjourned. If you omit proof of service, the court may not consider the motion. If you fail to attach key exhibits, the court may deny the motion without prejudice.

You may ask for interim relief in your motion request. For example, you may ask to stay discovery deadlines until the motion is decided. However, you generally need a judge’s order to obtain a stay before the return date. If you need a stay now, use an order to show cause. A Notice of Motion alone does not stop the case.

How to Fill Out a CIV-GP-124-i- Notice of Motion

Follow these steps to complete, serve, and file your Notice of Motion in the Civil Court of the City of New York.

1) Confirm that a Notice of Motion is proper

• Use this form for non-urgent requests in an existing case.
• If you seek immediate relief or a stay, consider an order to show cause.

2) Identify the relief you need

• Write a clear list of the orders you want the judge to sign.
• Break requests into separate items. Use plain language.
• Examples: dismiss the complaint; compel discovery; vacate default; extend time; grant summary judgment; amend the complaint; change venue; quash subpoena.

3) Choose a return date that meets timing rules

• Pick a date that allows you to serve the papers and give the other side the required time.
• Avoid weekends and court holidays. Use a court business day.
• If a judge is already assigned, check that part’s motion day and time.
• If you plan to demand earlier opposition, give longer notice and state the deadlines.

4) Complete the caption

• Court name: Civil Court of the City of New York.
• County: Select the correct county where your case is filed.
• Index Number: Use the number on your case.
• Case title: List the parties exactly as they appear in the case.
• Part and Judge (if assigned): Include them if known.

5) Draft the opening notice paragraph

• State that you will move the court at the courthouse, on the return date and time.
• Include the courthouse address for the county.
• State that you seek the relief listed below, upon the supporting papers attached.

Example structure:

• “Please take notice that on [date] at [time], or as soon thereafter as counsel can be heard, at [court address], the undersigned will move this court for an order [state each item of relief]. This motion is based on the annexed affidavit/affirmation of [name] dated [date], the exhibits attached, and all prior papers.”

6) List the specific relief requested

• Number each requested item. Keep each item short.
• Tie a requested item to any relevant document or exhibit if helpful.
• If seeking to vacate a default, include a request to restore the case to the calendar.
• If seeking discovery relief, specify the exact responses and a deadline to comply.
• If seeking dismissal, state whether it is as to the entire case or certain claims.

7) State the grounds for relief

• Add a brief clause that identifies your legal basis in plain terms.
• Examples: lack of jurisdiction, failure to state a claim, no triable issue of fact, undue burden, or good cause for extension.
• Save a detailed argument for your supporting affidavit or memorandum.

8) Identify the supporting papers

• List the affidavit or affirmation in support, with the name of the affiant and date.
• List a memorandum of law if you include one.
• List exhibits by letter (A, B, C) with a brief description.
• List a proposed order if you include one.

9) Set response deadlines in the notice

• If you use the standard schedule, you may state: opposition due shortly before the return date, reply due shortly after.
• If you served with longer notice and want earlier opposition, say so in the notice and specify the earlier due date.
• Keep the schedule clear so both sides can comply.

10) Indicate whether you request oral argument

• Add a line that you request oral argument if the court permits it.
• If you prefer a decision on submission, state that no oral argument is requested.

11) Provide your contact information

• Sign the Notice. Print your name.
• Include your address, phone number, and email.
• If you are an attorney, include your firm name and your role.

12) Prepare your affidavit or affirmation in support

• If you are a party or witness, use an affidavit and swear before a notary.
• If you are an attorney, you may use an affirmation if permitted.
• State facts based on personal knowledge or admissible records.
• Tell the story in a logical order. Attach documents as exhibits.
• Explain why the law supports the relief requested.
• For vacating a default, explain a reasonable excuse and a meritorious claim or defense.
• For discovery issues, detail what you served, when, and noncompliance.
• For summary judgment, set out undisputed facts and attach evidence.

13) Organize and label exhibits

• Mark exhibits A, B, C, etc.
• Use clear, legible copies. Highlight relevant sections if needed.
• Include key documents: contracts, invoices, correspondence, discovery requests, prior orders, or affidavits of service.
• Refer to exhibits by letter in your affidavit.

14) Consider a proposed order

• Draft a short proposed order that mirrors your requested relief.
• Leave a signature line and space for the judge’s name and date.
• Proposed orders help the court grant precise relief.

15) Make copies

• Prepare one set for each party, one set for the court, and one for your file.
• Ensure each set includes the Notice, supporting affidavit or affirmation, exhibits, and proposed order if any.

16) Serve the motion papers

• Serve every party or their attorney of record.
• Acceptable methods include personal delivery or mail. Follow the rules for timing.
• If you serve by mail, add mailing days to the minimum notice period.
• Keep proof of how and when you served.

17) Complete an affidavit of service

• The person who serves by mail should complete an affidavit of service by mail.
• For personal delivery, use an affidavit of service stating date, time, place, and recipient.
• Attach the signed affidavit of service to the set you will file.

18) File with the court and pay the fee

• File the original Notice, supporting papers, and proof of service with the clerk.
• Pay the motion filing fee. Confirm the amount and accepted payment methods with the clerk.
• If your case permits e-filing, follow the e-filing requirements for both service and filing.

19) Calendar the return date and monitor the case

• Note the return date, any opposition and reply deadlines, and any scheduled appearance.
• If the court requires appearances for motions in your part, appear on the return date.
• If the motion is on submission, you may not need to appear. Check the notice and part rules.

20) Handle opposition and reply papers

• If you receive opposition, prepare a short reply if needed.
• File and serve your reply by the reply deadline.
• Keep your reply focused on the points raised in opposition.

21) Prepare for the decision

• The court will issue a written order or direct a decision in court.
• If you win, serve a copy of the order with notice of entry to start the time to appeal or comply.
• If you lose, review the decision and consider your next steps within the applicable time limits.

Practical tips and common pitfalls

• Be specific. Vague requests are hard for the court to grant.
• Match the relief to the facts and exhibits you provide.
• Do not assume the judge knows the case history. Summarize key events.
• Build in enough time to serve by mail if you choose that method.
• Serve the attorney of record, not the party directly, when a party has counsel.
• Use the correct county courthouse address. Each borough has its own location.
• Check whether the assigned part requires working copies or particular formatting.

Real-world examples

• You seek to vacate a default. In your Notice, ask to vacate the default, restore the case to the active calendar, and stay enforcement of any judgment until the motion is decided. In your affidavit, explain your excuse and your defense, and attach proof, such as hospital records or travel records, and supporting documents for your defense.
• You seek to compel discovery. Ask the court to direct the other side to serve full responses within 20 days and to deem objections waived. Attach your requests, proof of service, and your follow-up letters. State that you attempted to resolve the issue before moving.
• You seek summary judgment. Ask the court to grant judgment in your favor and dismiss the opposing claims. Attach the contract, invoices, delivery receipts, and an affidavit from a person with knowledge. Explain why there is no material factual dispute.

Keep your motion clear, complete, and on time. A well-prepared Notice of Motion makes it easier for the judge to rule and for the other side to respond.

Legal Terms You Might Encounter

A Notice of Motion tells the court what you want and why. The term motion means a formal request for a court order in your case. The relief sought is the specific result you want, such as dismissal or a stay. On CIV-GP-124-i, you state that relief in the section asking what you are asking the court to do. The return date is the calendar date when the court will review the motion. You enter that date on the form, and it must give enough time for the service. Supporting papers are the documents that explain your request. On this form, you identify those papers, such as your affidavit or affirmation, and exhibits. An affidavit is your sworn statement of facts, signed and notarized. An affirmation is a similar statement signed by someone authorized to affirm, often a lawyer. Proof of service, sometimes called an affidavit of service, confirms how and when you served the motion. You attach that proof when you file the motion with the clerk. Opposition papers are the other side’s written response to your motion. They should be served and filed before the return date. A reply is your short written response to the opposition, if you choose to serve one. The caption is the heading listing the court, parties, and index number. You must copy the caption exactly on CIV-GP-124-i. The index number identifies your case in court records. Include it on every page of your motion papers. The venue is the court location where your case is pending. Use the same venue where your case was started when completing and filing the Notice of Motion.

FAQs

Do you need a supporting affidavit with this Notice of Motion?

Yes. The Notice of Motion tells the court what you want. Your affidavit or affirmation explains the facts and reasons. Attach any exhibits that support those facts. Examples include contracts, payment records, emails, or prior orders. Label each exhibit clearly. Refer to each exhibit by letter in your affidavit.

Do you need to pick the return date yourself?

Usually, yes. You select a date when the motion will be heard or submitted. Leave enough time for service and filing. Avoid weekends and court holidays. Check the court part for motion days and timing. If the clerk assigns dates, ask before you fill the form. When unsure, choose a date several weeks out and confirm with the clerk.

Do you have to serve all parties or only the other side’s lawyer?

Serve every party’s attorney if they have one. If a party has no attorney, serve that party directly. The server must be an adult who is not a party to the case. The server completes an affidavit of service and lists the method used. Keep a copy of everything that was served.

Do you need to file the Notice of Motion before or after service?

In many parts, you serve first and then file with proof of service. Some parts require filing before service or use e-filing. Check the clerk or posted rules to confirm the sequence. If you serve first, promptly file the original Notice of Motion, supporting papers, and proof of service. File early to avoid calendar issues.

Do you need to appear on the return date?

It depends on the part rules and the type of motion. Some motions are on submission, which means no personal appearance. Others require an appearance for argument or scheduling. Your Notice of Motion may allow you to request oral argument. If you want to argue, note that on the form. Always verify appearance requirements a few days before the return date.

Do you need to pay a fee to file a motion?

A fee may apply. The amount depends on the type of motion and court rules. Check at the time you plan to file. If you have a fee waiver for the case, confirm whether it covers motions. Bring payment in an accepted form if a fee is required.

Can you ask for a temporary stay with this Notice of Motion?

Yes, you can ask for a stay as part of your relief. Explain why a stay is needed in your affidavit. If you need immediate relief, consider whether you should proceed by order to show cause instead. A Notice of Motion sets a return date in the future. Urgent relief may require a different route.

What if you served the wrong date or used the wrong method?

Do not guess. If you discover a service or date problem, act quickly. You may need to re-serve with a valid return date. You may also need to ask the court to adjourn the motion. The safest course is to fix the error before the return date. Keep records showing what you did to correct it.

Checklist: Before, During, and After the CIV-GP-124-i- Notice of Motion

Before signing

• Confirm your case caption. Match party names and positions exactly.
• Locate the index number. Place it on the first page and every exhibit.
• Identify the part and judge, if assigned. Check the court location details.
• Decide what relief you seek. Use clear, specific language.
• Gather facts that support your request. Organize your timeline.
• Prepare your affidavit or affirmation. Include numbered paragraphs.
• Assemble exhibits. Label each exhibit and add brief descriptions.
• Verify exhibit legibility. Use clean copies and avoid dark scans.
• Calendar a proposed return date. Allow time for service and filing.
• Choose a hearing type. Decide if you want an oral argument.
• Confirm service addresses for all parties or attorneys.
• Select a service method that meets the rules.
• Line up a server who is not a party and is 18 or older.
• Print or prepare a proof of service form for the server.
• Make a working checklist of all papers to serve and file.
• Plan your copying. Make enough sets for service, filing, and your file.
• Check fee requirements. Bring accepted forms of payment.
• Review any prior orders, stipulations, or related motions.
• Note deadlines for opposition and reply. Add them to your calendar.
• If you need accommodations or an interpreter, plan ahead.

During signing

• Verify the caption one more time. It must match your case.
• Confirm the index number, part, judge, and courthouse location.
• Enter a return date that allows for proper service.
• State your relief clearly. Avoid vague requests.
• List your supporting papers by title. Include affidavit and exhibits.
• Indicate whether you request an oral argument.
• Check that your contact details are correct and readable.
• Sign and date the Notice of Motion.
• If your affidavit needs notarizing, sign in front of a notary.
• Number pages and exhibits. Ensure every page is present.
• Add a short proposed order if you plan to submit one.
• Review for typos, missing pages, and wrong dates.
• Confirm that the server has the full set for service.
• Keep a signing checklist in your file.

After signing

• Make complete sets for every party and for filing.
• Serve all parties or their attorneys. Use a qualified server.
• Obtain the affidavit of service from the server. Review it for errors.
• File the original Notice of Motion, supporting papers, and proof of service.
• Pay any required fees at filing.
• If using e-filing, upload all documents in the correct categories.
• Track the opposition and reply deadlines on your calendar.
• Confirm the return date and appearance requirements with the part.
• Prepare a short outline of your key points for the return date.
• Bring extra sets of papers to court, tabbed and labeled.
• Note any adjournment or briefing schedule set by the court.
• Store a stamped copy of everything in a dedicated folder.
• Back up your file digitally for easy access.
• If you settle, consider withdrawing the motion in writing.

Common Mistakes to Avoid CIV-GP-124-i- Notice of Motion

• Don’t forget to state the exact relief you want. Vague language leads to confusion. The court may deny unclear requests. Be precise, like “Dismiss the complaint for failure to state a claim.”
• Don’t pick an unrealistic return date. Too little time for service can invalidate the motion. Choose a date with a comfortable cushion. Confirm the part’s motion schedule before you file.
• Don’t skip proof of service. Missing proof can stop the motion from being heard. Have a non-party server complete the affidavit. File it with your motion papers.
• Don’t attach unlabeled or unreadable exhibits. The judge must follow your evidence. Use labeled tabs and legible copies. Refer to each exhibit by letter in your affidavit.
• Don’t mismatch the caption or index number. Incorrect case details can cause delays. Copy the caption exactly from prior papers. Check the index number on every page.

What to Do After Filling Out the Form CIV-GP-124-i- Notice of Motion

1. File and serve in the correct order. Some parts require service first, then filing with proof. Others require filing first or use e-filing. Confirm the process with the clerk before you proceed. If you serve first, file promptly after service.
2. Calendar the response schedule. Note when the opposition is due and when your reply is due. Add reminders a few days before each date. This helps you avoid last-minute problems.
3. Monitor service closely. Confirm that your server completed a valid service. Review the affidavit of service for method, date, time, and address. Fix any errors right away by re-serving if needed.
4. Prepare for the return date. Decide if you want the motion on submission or with an argument. If you requested oral argument, be ready to present brief points. Bring two spare sets of papers, with tabs and exhibit labels.
5. Handle opposition and reply papers. Read the opposition carefully and take notes. Draft a focused reply, if allowed. Limit your reply to issues raised in the opposition. Serve and file your reply on time.
6. Address scheduling changes. If you cannot meet a deadline, seek an adjournment early. Contact the other side about consent if that is permitted. Confirm any new dates in writing and file a notice if required.
7. Consider settlement or withdrawal. Motions often prompt discussions. If you settle the issue, prepare a stipulation. Withdraw the motion in writing if it is no longer needed. Keep proof of withdrawal in your file.
8. Track the court’s decision. The court may issue an order on the papers or after argument. Obtain a copy of the signed order. Read it carefully. Calendar any deadlines the order sets.
9. Serve and settle the order if directed. Sometimes the court directs a party to submit a proposed order. If you are told to settle or submit the order, follow the instructions. Serve the order on the other side if required.
10. Comply with the order. If the motion is granted in full or in part, act on it. For example, produce documents, pay amounts, or amend pleadings by the deadline. Keep proof that you complied on time.
11. Evaluate next steps. If the motion is denied, consider other options. You may renew the motion with new facts. You may seek different relief or proceed to trial steps. Review what the court found lacking and address it.
12. Maintain your records. Store stamped copies, service proofs, and the order together. Keep your outline and hearing notes. Save digital copies in a named folder for quick access later.
13. If you need to amend your motion, act early. Before the return date, you can serve and file corrected papers. If the return date is close, ask for an adjournment to avoid confusion. Clearly mark what changed.
14. Coordinate with other pending motions. Check if there are cross-motions or related applications. Adjust your calendar to align reply dates. Bring all related papers to the return date.
15. Prepare a short hearing script. Write a two-minute summary of your position. Note the relief requested, three key facts, and top legal points. Practice once so you can present clearly if called.
16. Follow up after the decision. If the order requires the other side to act, set a follow-up date. If they do not comply, consider your enforcement options. Keep communications civil and in writing.
17. Stay organized. A clean, labeled motion file saves time. Use a checklist for service, filing, and deadlines. Review your file before every court date.