The "No Appearance" Rule for E-Filed Cases
If your motion is e-filed through NYSCEF, you likely don't need to appear in Room 130 on the return date. This is one of the most important procedural distinctions in New York County Supreme Court practice.
How It Works
- Automatic Placement: NYSCEF cases are automatically placed on the Room 130 calendar by the Motion Support Office.
- No Appearance Required: For e-filed motions, there is typically no requirement to appear on the return date.
- Working Copies: Some Justices still require "working copies" of motion papers. Always check the individual Part Rules for your assigned Judge.
- No Oral Argument: Room 130 does not conduct oral argument. If oral argument is needed, the Judge will notify the parties of a future date.
This no-appearance rule saves time and expense for busy attorneys. However, you must verify the specific Judge's requirements, as some Justices have particular practices regarding working copies.
When Appearance Is Required
Not all motion submissions follow the no-appearance rule. There are important exceptions:
Hard-Copy (Paper) Cases
If your case has not been e-filed and involves physical paper documents, you must appear in person:
- Appear between 9:30 AM and 10:30 AM on the return date
- Submit your physical motion papers to the Room 130 Clerk
- Papers must be properly bound and tabbed per local rules
Contested Adjournments
If all parties have not agreed to an adjournment:
- You must appear to argue your position before the Clerk
- Be prepared to explain why an adjournment is needed
- The Clerk will determine whether the motion may be adjourned
Adjournment Procedures
If you need to adjourn a motion to a later date, follow this process:
Step-by-Step Process
- Get Written Stipulation: Obtain a written stipulation signed by all parties (or their counsel) agreeing to the adjournment.
- E-File the Stipulation: File the stipulation through NYSCEF using the "Stipulation to Adjourn Motion" tag.
- File Early: Complete this process at least one business day before the scheduled return date.
Filing a stipulation with sufficient notice allows the motion to be automatically adjourned without your appearance. This streamlined process prevents unnecessary Court appearances and keeps cases moving efficiently.
Services Offered
The Law Office of Frederic R. Abramson provides specialized per diem attorney services for Room 130 motion submissions:
Working Copy Delivery
We prepare and deliver professionally tabbed and bound working copies of motion papers in compliance with local rules. This ensures your submissions meet all formatting requirements and are presented professionally to the Court.
Contested Adjournment Representation
If an adjournment is contested, we appear on your behalf to argue before the Clerk and advocate for the relief you need.
Motion Appearance Coverage
For matters requiring appearance, we provide experienced in-Court representation, handling all procedural aspects of the motion submission process.
Pricing and Booking
| Service | Standard Rate |
|---|---|
| Per Diem Appearance (per session) | $250 |
Additional fees may apply for working copy preparation, bound copy delivery, or extended services. Contact us for a detailed estimate.
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New York, NY 10038