A Notice of Motion is like the invitation to the party. It tells the court and the other side what the party is for,
the time, date and place, and when to RSVP. This is called the relief sought, the return date and the time for service
of answering papers/CPLR 2214(b).
What the Party is For/Relief Sought
NYSCEF asks for the main relief sought and the secondary relief sought. This just means NYSCEF wants to know what you are asking the court for.
For example, if you are making a motion to cancel or vacate a default judgment because you missed your court date, you use the drop down arrow
to find what fits closest to what you want. You would choose "Vacate – Decision/Order/Judgment/Award." If your motion also asks the court to
stop the other side from enforcing the judgment against you while the court decides the motion, you would use the arrows in the secondary
reliefs sought to choose "Stay." If you are not sure what best matches what you are asking for, you can call the
Resource Center for help.
Time, Date and Place/Return Date
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone
knows when to come to court. NYSCEF wants to know the court date and has a calendar button to find the court date you picked.
RSVP/CPLR 2214(b)
NYSCEF wants to know if you gave the other side extra time to answer your motion papers. CPLR 2214(b) is the law that says how much time
before the court date the papers have to be given to the other side. The amount of time that the other side has to answer your papers depends
on the court date you chose. If you wanted to have more time to review and reply to the other side's answering papers, you chose a court
date that is further away. This is called a CPLR 2214(b)
notice and it goes in the Notice of Motion and tells the other side when papers are due.