Motion Practice in New York | Best Practices

Motion practice in New York refers to the procedural process by which parties in a legal case make formal requests (or "motions") to the court for specific rulings or orders. This practice is an essential part of civil litigation and can involve various types of requests, you will learn about:

1. **Preliminary Motions**: These can include motions to dismiss a case, motions for summary judgment, or motions for more specific pleadings.

2. **Discovery Motions**: These involve requests related to the exchange of evidence, such as motions to compel discovery or to protect certain information from disclosure.

3. **Post-Trial Motions**: After a trial, parties may file motions for judgment notwithstanding the verdict or for a new trial.

Key Aspects of Motion Practice:

– **Written Submissions**: Most motions require written papers, including a notice of motion, supporting affidavits, and a memorandum of law outlining the legal basis for the motion.

– **Oral Argument**: Depending on the court's rules and the nature of the motion, there may be a hearing where parties can present oral arguments.

– **Timeliness**: There are specific time limits for filing motions, which are governed by court rules.

– **Opposition Papers**: The opposing party typically has the right to file papers in response to the motion.

– **Court Rules**: The New York Civil Practice Law and Rules (CPLR) govern motion practice, and specific courts may have additional rules.

Overall, motion practice is a critical component of the litigation process, allowing parties to seek judicial intervention on various issues before or during a trial.

Lecture by:

Burton N. Lipshie

Professor of Practice and Director of Advocacy Skills Training

Managing Attorney, Stroock & Stroock & Lavan

Area of Expertise: Litigation

Burton N. Lipshie has been the Managing Attorney of the Litigation Practice Group since 1977. Prior to joining Stroock, he was an Assistant District Attorney in New York County and a member of the Appeals Bureau. Lipshie also served for six years as Principal Law Clerk to a New York State Supreme Court and Appellate Term Justice.

Widely regarded as an expert on New York procedure, Lipshie has served as both an educator to, and an advocate on behalf of, the New York State Court System. Each year he is invited by the New York State Office of Court Administration, and its Judicial Institute, to teach New York procedure at its annual seminars for Justices and Judges throughout the state, as well as the seminars for Law Clerks and Court Attorneys. As counsel to the Association of Judges of the Supreme Court of the State of New York, Lipshie was called upon to defend the constitutionality of the City's process for selection of judges. He also serves as regular outside counsel to the Association of Law Secretaries to the Justices of the Supreme and Surrogates' Court in New York City.

In 1999, after nine successive graduating classes awarded him "The Outstanding Adjunct Professor" award, the school renamed the award the "Burton N. Lipshie Outstanding Adjunct Professor Award." He has been given the award again by the Classes of 2002, 2003 and 2004. Lipshie is co-author of New York Civil Practice Before Trial published by James Publishing Co., and has written articles and book chapters on procedural issues.