Every day a healthy stream of motions, cross motions and ex parte applications pour into courthouses. These motions seek various forms of relief ranging from the unremarkable to the dispositive. Given the time and effort attorneys must expend to make a motion and the potential stakes of the court’s decisions, attorneys should mind their procedural “Ps and Qs” when preparing and submitting motion papers. This article identifies 10 simple tips that attorneys can use to improve the quality of their motion papers, ensure that the substance of the arguments and evidence are considered by the court, and increase the likelihood that the client obtains a favorable result.1

Tip 1: Make crystal clear the relief the movant is seeking. The purpose of making a motion is to obtain some form of relief. The notice of motion and the body of the affirmation in support (as well as any memorandum of law or reply) should state in clear, unequivocal terms the precise relief the movant wants (see e.g., CPLR 2214[a]). If relief is sought in the alternative, the primary relief should be highlighted and the alternative relief should be clearly identified as such (see Connors, Practice Commentaries, McKinney’s Cons. Laws of N.Y., Book 7B, CPLR 2214, C2214:4). The court should not be left with any doubt about the specific relief the movant wants, as the court may lack the power to afford relief not specifically requested (see New York Cent. Mut. Fire Ins. v. Glider Oil Co. Inc., 90 AD3d 1638 [4th Dept. 2011]), or may, in an exercise of discretion, decline to award unrequested relief (see Arriaga v. Michael Laub Co., 233 AD2d 244 [1st Dept. 1996]).2

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