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 3214
Motions heard by judge supervising disclosure; stay of disclosure
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 32
Rule. 3214. Motions heard by judge supervising disclosure; stay of
disclosure. (a) Judge supervising disclosure. Unless the chief
administrator of the courts has, by rule, provided otherwise, if a case
has been assigned to a judge to supervise disclosure pursuant to section
3104, all motions preliminary to trial shall be referred to such judge
whenever practicable.

(b) Stay of disclosure. Service of a notice of motion under rule 3211,
3212, or section 3213 stays disclosure until determination of the motion
unless the court orders otherwise. If the motion is based solely on the
defense that the summons and complaint, summons with notice, or notice
of petition and petition was not properly served, disclosure shall not
be stayed unless the court orders otherwise.