CIV-GP-125-i – Notice of Cross-Motion

Jurisdiction: United States — New York

What is a CIV-GP-125-i – Notice of Cross-Motion?

A CIV-GP-125-i – Notice of Cross-Motion is the document used in the Civil Court of the City of New York to ask for your own court order on the same return date as an opponent’s pending motion. Rather than starting a new motion with a separate schedule, a cross-motion lets you present related requests so the judge can evaluate both sides’ applications together. The notice tells the court and all parties the relief you seek and the basic grounds supporting that relief.

Both attorneys and self-represented litigants use this form. Common situations include:

• A defendant responding to a motion to strike defenses and cross-moving to dismiss the complaint or for judgment on a counterclaim.
• A plaintiff opposing summary judgment and cross-moving to compel discovery or preclude evidence.
• Any party may cross-move to vacate a default, extend deadlines, amend pleadings, or obtain a protective order.

A cross-motion is effective when your request relates to the issues raised by the pending motion. Consolidating requests avoids duplicate appearances, maintains a coordinated schedule, and helps the judge address interlocking arguments. This practice is routine in general civil matters within the court’s jurisdiction (such as consumer debt, contract disputes, subrogation, and certain personal injury cases). Specialized parts may have separate protocols, but this form is designed for general civil parts of the Civil Court.

Key advantages

• Efficiency: No need to create a separate motion calendar.
• Strategy: Your counter-requests are decided alongside your adversary’s arguments.
• Clarity: The court can see how the issues fit together and issue harmonized rulings.

A cross-motion is not free-standing. It must be tethered to a pending motion and made returnable on the same date, unless the court directs otherwise. If your request is unrelated to the pending motion, or if you need emergency relief that cannot wait (for example, a stay requiring immediate action), you may need a separate application or an order to show cause. Your Notice of Cross-Motion must be supported by sworn papers and any exhibits you rely upon; filing the notice without sworn support is usually insufficient.

When Would You Use a CIV-GP-125-i – Notice of Cross-Motion?

Use a CIV-GP-125-i – Notice of Cross-Motion after another party has noticed a motion, and you want the court to decide your related relief on the same return date, at the same time, in the same part. Typical examples:

• Summary judgment: The plaintiff moves for summary judgment; you oppose and cross-move to dismiss for lack of proof or to preclude a key exhibit.
• Discovery: The defendant moves to strike for discovery failures; you oppose and cross-move to compel the defendant’s overdue production and extend your own deadline.
• Defaults and extensions: You face a default judgment motion; you oppose and cross-move to vacate the default and extend time to answer.
• Protective relief: The other side seeks expansive discovery; you oppose and cross-move for a protective order to limit scope, timing, or confidentiality.
• Case management: You cross-move to amend pleadings, substitute parties, consolidate related matters within jurisdictional constraints, or stay certain proceedings.

This form is practical whenever your requested relief interrelates with the pending motion and can be resolved efficiently at one appearance. Parties frequently file both opposition papers and a cross-motion together so the court can consider the full context.

When choosing between a cross-motion and a separate motion, consider:

• Relatedness: Cross-relief should be connected to the issues already before the court. Unrelated or sprawling requests can distract from the pending motion and may be deferred or denied.
• Timing and urgency: If you need swift action (e.g., a stay effective immediately), consider an order to show cause or separate motion practice.
• Part rules: Individual parts may set formatting, timing, or page limits. Align with those requirements to avoid procedural problems.

In short, file a cross-motion when it streamlines the judge’s decision-making, consolidates briefing, and keeps the case on a single, orderly calendar for closely related issues.

Legal Characteristics of the CIV-GP-125-i – Notice of Cross-Motion

A cross-motion is a formal application for an order. Relief is granted only if the court issues an order after reviewing your sworn support, any opposition, and replies permitted by the court.

Core features

• Not self-executing: Filing the notice alone achieves nothing. The court must grant your requested relief.
• Jurisdiction: The court must have authority over the subject and the parties. Relief outside the court’s power—or against nonparties the court cannot reach—will likely be denied.
• Service and filing: Serve and file in compliance with the court’s timing and method requirements. In e-filed cases, use the designated system. Noncompliance can lead to adjournment or rejection.
• Specificity: List each item of relief clearly, and state the short grounds for each. Put detailed facts and legal arguments in your affidavit or affirmation and any memorandum of law.
• Evidence: Attach exhibits that support your facts (e.g., contracts, statements, emails, receipts, photos, affidavits). Label them consistently and cite them in your sworn statement.
• Part practices: Judges may require courtesy copies, proposed orders, or page limits. Follow those practices to prevent delays.
• Discovery certifications: If you seek discovery relief, include a brief description of your good-faith efforts to resolve the dispute before moving.

Consequences of errors include adjournment, refusal to consider your cross-motion, or narrowing of issues. Accurate, timely, well-organized papers help the court decide the merits and reduce procedural friction.

How to Fill Out a CIV-GP-125-i – Notice of Cross-Motion

Use this condensed checklist to complete the Notice of Cross-Motion. Keep your language clear, specific, and concise so the court can quickly see what you need and why.

1) Caption and court details

• Write “Civil Court of the City of New York” and identify the county (New York, Kings, Queens, Bronx, or Richmond).
• Use the exact case title as it appears in prior filings.
• Include the precise index/docket number.
• Identify the assigned judge and part, if known.
• Confirm the correct courthouse and part location.

2) Title the paper

• Title it “Notice of Cross-Motion.”
• Opposition to the original motion is a separate document; keep the cross-motion distinct and clearly labeled.

3) Return date, time, and location

• Use the same return date, time, part, and courthouse as in the original notice of motion.
• If the original motion is adjourned or rescheduled, your cross-motion typically moves with it. Update all parties promptly.

4) Relief you seek

• Number each item of relief.
• Examples of precise requests:

1. Dismissing the complaint for failure to state a cause of action.

2. Compelling plaintiff to produce documents identified in defendant’s October 1 demand within 20 days.

3. Extending the defendant’s time to answer by 30 days from the court’s order.

4. Vacating the default entered on [date] and allowing filing of the attached answer.

5. Issuing a protective order limiting discovery to [time period], with account numbers redacted.

6. Staying enforcement of [describe] pending completion of discovery.

• If seeking alternative relief (e.g., dismissal or, alternatively, leave to amend), present alternatives in separate numbered requests.

5) Grounds for relief

• Add a brief bullet summary beneath each request, reserving detail for your sworn papers.
• Examples:
• Dismissal: Complaint omits essential elements and relies on inadmissible hearsay.
• Compel discovery: Plaintiff is overdue despite follow-ups on [dates]; materials are material and narrowly tailored.
• Vacate default: Delay was excusable; a meritorious defense appears in the attached draft answer.

6) Supporting papers list

• Identify each document filed with the notice, using consistent labels:
• “Affidavit of [Name] in Support, sworn [date].”
• “Affirmation of [Attorney Name], dated [date]”
• “Memorandum of Law” (if used)
• “Exhibit A: Contract dated [date].”
• “Exhibit B: Email chain [dates].”
• “Exhibit C: Proof of mailing [date].”
• Refer to exhibits by label in your affidavit or affirmation.

7) Affidavit or affirmation in support

• Self-represented parties use a notarized affidavit; attorneys may use an affirmation.
• Suggested structure:
• Introduction: Your role and the relief sought by cross-motion.
• Factual background: Chronological, numbered paragraphs with pinpoint references to exhibits.
• Good-faith efforts (for discovery issues): A short account of attempts to resolve the issue informally.
• Argument: Organized subsections that track your numbered relief requests.
• “Wherefore” clause: Restate your requested relief verbatim from the notice.
• Keep facts accurate, based on personal knowledge, and supported with exhibits. Place legal analysis in the argument section.

8) Proposed order (if required or preferred)

• Some parts request a proposed order. If so, draft a concise order that mirrors each item of relief as listed in your notice.
• Use the case caption and leave space for the judge’s signature and date. File it separately and reference it in your papers.

9) Signature block on the notice

• Sign and date the notice.
• Include your printed name, address, phone, and email.
• Attorneys should include the firm name and attorney registration number if required.

10) Service on all parties

• Serve all parties, not just the moving party.
• Permissible methods include personal delivery, mail, or other authorized methods. Email service typically requires consent or court authorization; in e-filed cases, serve through the system.
• Meet timing requirements for cross-motions under the applicable rules or part practices. When in doubt, serve early and retain proof.

11) Affidavit of service

• A nonparty adult must sign the affidavit of service, stating:
• Who was served (names and addresses)
• The method of service (personal delivery, mail, e-filing)
• The date, time, and place of service
• Use separate paragraphs or affidavits if methods differ. File the original affidavit (or upload in e-filed cases).

12) Filing with the court

• File the notice, supporting papers, and affidavit(s) of service with the clerk or via e-filing if applicable.
• Pay required fees.
• Provide courtesy copies if the part requires them. For e-filed cases, include the e-filing confirmation page with courtesy copies and tab exhibits.
• Ensure all pages are legible, paginated, and arranged in a logical order.

13) Prepare for the return date

• Calendar the date, time, and location.
• If replies on cross-motions are permitted, track and meet those deadlines.
• Bring or have accessible:
• A complete set of your filed papers and exhibits
• The other side’s motion papers
• A brief outline of your key points with exhibit and page citations
• Be ready to explain which of your requests are mooted or narrowed if the original motion is granted or denied in part. If you reach an agreement before the return date, consider submitting a stipulation narrowing the issues.

Tips for clarity

• Match the caption and index/docket number exactly.
• Number every request and every paragraph in your affidavit or affirmation.
• Label exhibits consistently and makes them readable.
• Redact sensitive data unless disclosure is necessary and allowed.
• Put detailed facts and analysis in your sworn papers, not just in the notice.
• Serve and file early to avoid timing disputes.
• For discovery relief, include a concise good-faith statement.

Filing the form correctly puts your requests before the judge on the scheduled day. Clear, complete, and timely papers help ensure your cross-motion is considered on the merits.

Legal Terms You Might Encounter

• Caption: The heading showing the court, county, parties, and index/docket number; it must match existing case papers.
• Return date: The date, time, and part when the court will consider the pending motion and your cross-motion together.
• Relief sought: The specific orders you want (e.g., dismiss a claim, compel production, extend a deadline, vacate a default).
• Grounds: The essential facts and legal reasons supporting each request. Summarize in the notice and expand in your sworn papers.
• Affidavit: A notarized, sworn factual statement from a person with personal knowledge.
• Affirmation: A sworn factual statement made by an attorney under penalty of perjury without a notary.
• Exhibits: Documents or other evidence attached to your sworn papers to prove facts.
• Service: Formal delivery of your papers to all parties so they have notice and time to respond.
• Affidavit of service: A sworn statement by the server describing who, how, when, and where service occurred.
• Opposition and reply papers: Written responses to your cross-motion and, if permitted, your reply limited to issues raised in opposition.
• Part: The judge’s courtroom or calendar assignment with its own practices.
• Proposed order: A draft order reflecting the relief you seek.
• Stay: A temporary pause on an action (such as enforcement or discovery).

FAQs

Do you have to use the same return date as the original motion?

Yes. A cross-motion is tied to the pending motion and generally must be returnable on the same date and time in the same part. If the original motion is adjourned, your cross-motion usually follows the new date unless the court directs otherwise. Confirm any adjournments and keep all parties informed.

Do you need an affidavit or affirmation with this notice?

Yes. The notice states what you want and the basic grounds, but the court needs sworn facts and exhibits to consider relief. Without sworn support, the cross-motion can be denied or disregarded.

Can you raise new, unrelated issues in a cross-motion?

Limit cross-motions to issues that relate to the pending motion or can be resolved efficiently at the same appearance. Complex or unrelated matters may be deferred or set for separate motion practice. If urgent, consider an order to show cause.

Do you have to serve every party?

Yes. Serve all parties entitled to notice, regardless of who brought the original motion. File an affidavit of service so the court can confirm proper notice.

Can you file a cross-motion while also opposing the original motion?

Yes. Opposition papers address why the initial motion should be denied; your cross-motion requests your own relief. File them as separate, clearly labeled documents so they can be calendared and decided together.

What if you discover a mistake or a missing exhibit after filing?

Act quickly. If allowed, file corrected or supplemental papers and serve them on all parties. If timing is tight, contact the part or clerk for guidance. Do not wait for the return date to raise omissions.

Do you need a proposed order?

Some parts request one. If required—or if it will aid the court—submit a concise proposed order that mirrors your requested relief. If not required, be prepared to settle an order after the decision if directed.

What happens if you miss the service or filing timing?

Your cross-motion may be rejected, adjourned, or not considered. If timing becomes an issue, seek an adjournment by stipulation where appropriate or consult the part. Serving and filing early avoids disputes.

Checklist: Before, During, and After the CIV-GP-125-i – Notice of Cross-Motion

Before signing

Case details:

• Exact caption and index/docket number from prior papers
• Judge’s name, part, and courthouse address
• Return date and time from the pending motion

Your requests:

• Numbered list of relief with practical, enforceable language

Support:

• Draft affidavit/affirmation with numbered paragraphs and “Wherefore” clause
• Labeled, legible exhibits cited in your sworn statement
• Brief good-faith statement for discovery disputes

Calendaring:

• Calendar the return date
• Set internal deadlines for service, filing, and any reply

Service plan:

• Identify a nonparty server
• Select permitted methods and dates
• Confirm addresses and any consented email use

E-filing (if applicable):

• Confirm e-filing status
• Prepare PDFs with bookmarks and manageable file sizes

During signing

Names and numbers:

• Verify the caption, index/docket number, judge, and part

Return date:

• Confirm it matches the pending motion or any adjourned date

Relief list:

• Number each item and include any alternatives

Grounds summary:

• Add concise grounds beneath each request

Attachments:

• Check exhibit labels and legibility
• Include a proposed order if the part prefers one

Signatures:

• Sign and date the notice
• Execute affidavits before a notary and verify notary details
• Add full contact information

After signing

Assemble the packet:

• Notice of Cross-Motion
• Affidavit/affirmation in support

Exhibits

• Memorandum of law (if used)
• Proposed order (if required)

Service:

• Have a qualified nonparty serve all parties by a permitted method
• Keep mailing receipts or delivery confirmations

Affidavit of service:

• Obtain and file properly executed affidavits of service

Filing:

• File with the clerk or via e-filing
• Deliver courtesy copies if required

Confirmation:

• Confirm your cross-motion appears on the same calendar as the pending motion
• Track any adjournments for both motions
• Preparation:
• Organize an argument outline and key exhibit citations
• Be ready to argue both your cross-motion and your opposition
• Recordkeeping:
• Keep stamped copies and complete proof of service and exhibits

Common Mistakes to Avoid CIV-GP-125-i – Notice of Cross-Motion

• Different return date: A cross-motion must share the return date and part of the pending motion unless the court orders otherwise.
• No sworn support: A notice without an affidavit or affirmation (and exhibits) is generally insufficient.
• Vague or bundled requests: List each item separately with specific, actionable language.
• Improper or late service: Follow permitted methods and timing. Keep proof.
• Disorganized exhibits: Label consistently, ensure legibility, and cite exhibits in your sworn statement.
• Ignoring part practices: Missing courtesy-copy, page-limit, or proposed-order requirements can delay consideration.
• No good-faith effort for discovery issues: Courts often expect a concise statement of efforts to resolve disputes informally.
• Unrelated add-ons: Keep cross-relief focused on issues related to the pending motion.

What to Do After Filling Out the Form CIV-GP-125-i – Notice of Cross-Motion

After completing the Notice of Cross-Motion and support:

Serve and file:

• Assemble your packet (notice, sworn support, exhibits, any memorandum, proposed order if used).
• Serve all parties by an approved method and file with the court.
• File affidavits of service so the court can confirm notice.

Calendar and confirm:

• Verify your cross-motion appears on the same calendar as the pending motion.
• If the original motion is adjourned, confirm your cross-motion follows the new date and notify all parties.

Track deadlines:

• Note any opposition and reply deadlines allowed by the party.
• File on time and keep replies limited to issues raised in opposition.

Prepare for oral argument:

• Create a short outline of the exact relief sought.
• Pinpoint where your key facts appear in the record (exhibit letter and page).
• Emphasize the practical reasons your proposed order is appropriate.

Correcting errors:

• If you discover an error or missing exhibit, promptly file corrected or supplemental papers if allowed and serve them.
• If time is short, consult the part or clerk on the preferred process.

Consider stipulations:

• If you resolve some issues, submit a stipulation to narrow or resolve the cross-motion and, if relevant, the original motion.

After the decision:

• Read the decision carefully and comply with directives (e.g., produce documents, amend pleadings, submit a revised proposed order).
• If the court directs settlement of an order, draft it promptly, circulate as required, and file it.
• Calendar compliance dates. Missing them can affect rights and credibility.
• Keep copies of the decision, any notice of entry, and related correspondence.

Next steps if relief is denied or partially granted:

• Consider options such as reargument, renewal, or appeal.
• Track time limits and evaluate whether additional evidence or a refined request would aid further relief.