Motion Practice in New York State Supreme Court: Ex Parte Applications and Orders to Show Cause

by Practical Law Litigation

A Practice Note outlining the considerations and procedures for making a motion ex parte or by order to show cause (OSC) in New York State Supreme Court. This Practice Note explains that while most motions require notice, certain circumstances permit an application to be made without notice to the opposing party. It details when a party can make an ex parte motion, such as in emergencies or when seeking certain provisional remedies like a temporary restraining order (TRO), and when a motion by OSC is appropriate or required. This resource provides guidance on the specific documents needed for these motions, including affidavits or affirmations, memoranda of law, and proposed orders, as well as the procedural steps for filing in both traditionally and electronically filed cases, the associated fees, and the strategic advantages of using an OSC. It also discusses the process for challenging an unfavorable ex parte order, which is not appealable as of right.