Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2217
Prior motion; ex parte motion; transfer of motion
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 22
Rule 2217. Prior motion; ex parte motion; transfer of motion.

(a) Prior motion. Any motion may be referred to a judge who decided a
prior motion in the action.

(b) Affidavit on ex parte motion. An ex parte motion shall be
accompanied by an affidavit stating the result of any prior motion for
similar relief and specifying the new facts, if any, that were not
previously shown.

(c) Transfer of motion. If a motion is made to a judge who is or will
be for any reason unable to hear it, it may be transferred by order of
such judge or by written stipulation of the parties to any other judge
to whom it might originally have been made.

(d) Rules of the chief administrator of the courts. The chief
administrator may by rule exclude motions within a department, district
or county from the operation of subdivisions (a) and (c) of this rule.