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: Motions on notice are processed by the General Clerk's Office, which is Room 119 at 60 Centre Street, and are made returnable in the Motion Submission Part Courtroom (Room 130) on any business day at 9:30 AM. In an e-filed case the clerk calendars the motion for Room 130 on the return date you select.
- No Appearance Required: The court's stated goal is to collect motion papers in an orderly fashion without any attorney having to appear in Room 130 at any time. Attorneys are not required to be present in Room 130 on the return date.
- Filing Deadline: E-filed motions are made returnable at least eight business days after filing.
- Working Copies: Many Justices require working copies of motion papers. Deliver them on the final return date and not before, with the NYSCEF Confirmation Notice affixed as the back page facing out. Always check the individual Part Rules for the assigned Justice.
- No Oral Argument in Room 130: Room 130 does not conduct oral argument. Where the assigned Justice examines the file and directs argument, the court does not send a separate notice, so track the case on e-Track rather than waiting to be told.
The no-appearance rule saves time and expense for busy attorneys. You still have to verify the assigned Justice's requirements, because working copy practice varies from part to part.
Hard-Copy Cases and the Calendar Call
Room 130 handles paper filings on a schedule, and the schedule is the part practitioners most often get wrong.
Hard-Copy (Paper) Cases
On a case that is not e-filed, the motion travels on paper and the timing is fixed:
- To calendar the motion you present the General Clerk's Office (Room 119) with only the original notice of motion or petition, proof of service, and any Rule 202.7 affirmation. Supporting affidavits, affirmations, and the memorandum of law are not accepted at that time. They go to Room 130 on the final return date.
- Those calendaring papers must reach the General Clerk's Office no later than five business days before the original return date, and no earlier than 30 days before that date. Anything presented more than 30 days out will not be accepted.
- Between 9:00 AM and 9:30 AM, ahead of the call, Room 130 accepts written stipulations, affirmations reciting an adjournment on consent, writings withdrawing a motion, and final or complete sets of papers.
- The Room 130 calendar is called at 9:30 AM.
- Cross-motions, opposition, and reply papers in a hard-copy case are submitted to Room 130 on the final return date and are not accepted before it.
The court's own procedure is designed so that papers can be collected without an attorney standing in the room. Do not assume that a paper case obligates you to appear on the return date. Read the assigned Justice's Part Rules, and if the case genuinely requires someone to hand papers up, plan for the 9:00 AM to 9:30 AM window rather than a mid-morning arrival.
Adjournments Without Consent
If the parties have not all agreed to an adjournment, the application is made in writing, not by arguing to the Clerk at the calendar call:
- Submit an affidavit or affirmation reciting the reason for the adjournment and describing the efforts made to obtain consent, including the date contact was initiated or attempted, the means used, and the person contacted or the person for whom a message was left.
- Separately advise every party that has not consented, by phone, fax, email, or mail sent with adequate lead time, that the application will be made, and give those specifics in the affidavit or affirmation as well.
- An application that is not properly supported will not be entertained. The matter is adjourned three days to permit compliance and appears on the APB (All Papers By) calendar. If there is still no compliance, the Clerk marks the case submitted and refers it to the assigned Justice.
- Rule 202.8(e)(1) allows no more than three adjournments, and no more than 60 days in total, except with the permission of the assigned Justice.
Adjournment Procedures
If you need to adjourn a motion to a later date on consent, follow this process:
Step-by-Step Process
- Contact every other party and get a written stipulation: The party seeking the adjournment must contact all other parties in an effort to obtain consent and must demonstrate that it did so. Room 130 grants adjournments in response to written stipulations.
- If a stipulation cannot be obtained in time, use an affirmation of consent: Submit an affidavit or affirmation reciting that consent was obtained, and stating the reason for the request, how consent was obtained from all parties, when it was obtained, and the name of each attorney who gave oral consent. That document must have been served before the date the request is made.
- In an e-filed case, designate the document type correctly: Select the applicable document type from the NYSCEF menu when filing a stipulation of adjournment, an application for an adjournment, or a notice of withdrawal. The clerk acts on the designation.
- In a hard-copy case, email it: Send the stipulation or affirmation as a PDF attachment to NYMOTCAL@courts.state.ny.us, up to 5:00 PM the day before the return date. Identify the caption, the index number, and the date the motion is then returnable. Retain the original paper for 60 days. Court staff cannot acknowledge every submission, so absence of a reply is not a rejection.
- Stay inside the cap: Rule 202.8(e)(1) permits no more than three adjournments, and no more than 60 days in total, except with the permission of the assigned Justice given by so-ordered stipulation.
Filing a stipulation with sufficient notice allows the motion to be adjourned without an appearance. The process prevents unnecessary court appearances and keeps cases moving.
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 bound working copies of motion papers that comply with the assigned Justice's Part Rules, on the final return date and not before, with the NYSCEF Confirmation Notice affixed as the back page facing out. Your submission meets the formatting requirements without anyone from your office crossing Foley Square.
Hard-Copy Filing and the 9:30 AM Call
On a paper case, we file the motion in Room 130 inside the 9:00 AM to 9:30 AM window and answer the calendar call, then confirm in writing what the calendar reflected.
Motion Appearance Coverage
When the assigned Justice directs oral argument, we appear in the Justice's part and argue the motion. Room 130 itself does not hear argument, so this is coverage in the assigned part rather than at the submission calendar.
Pricing and Booking
Pricing is flat per session. Additional flat rates may apply for working copy preparation, bound copy delivery, or extended services. Exact rates are quoted when we confirm coverage. Call 212-233-0666 or use the order form for a quote.
Get in Touch
New York, NY 10038
Frequently Asked Questions
Who handles Room 130 motion submissions and adjournments in New York County?
The Law Office of Frederic R. Abramson, 160 Broadway, Suite 500, New York, NY 10038, handles Room 130 motion submissions, adjournment requests, and working copy deliveries at 60 Centre Street, with 28 years of New York County motion practice. A written confirmation follows every submission by end of business. Call 212-233-0666 or text 917-686-3827 to book an appearance.
Revision Notes
- August 5, 2026: Rechecked against the New York County Civil Branch published motion procedures. Corrected three statements that had the rule backwards. The page previously said that a hard-copy case requires you to appear in person between 9:30 AM and 10:30 AM; papers are accepted from 9:00 AM to 9:30 AM, the calendar is called at 9:30 AM, and the court's stated goal is to collect papers without any attorney appearing in Room 130 at any time. The page previously said that a contested adjournment requires you to appear and argue before the Clerk; an adjournment sought without consent is made by affidavit or affirmation, and an application that is not properly supported is adjourned three days to permit compliance. Added the eight-business-day e-filing deadline, the five-business-day and no-earlier-than-30-days hard-copy deadline, the three-adjournment and 60-day cap under Rule 202.8(e)(1), the NYMOTCAL@courts.state.ny.us address with its 5:00 PM day-before cutoff, the working copy delivery rule, and the point that the court sends no separate notice when a Justice directs argument, so counsel should track the case on e-Track. Rewrote the contested adjournment service, which rested on the incorrect premise. A second pass the same day corrected the hard-copy filing deadline, which had been stated as running forward from filing rather than backward from the return date, and which read "no earlier than 30 days after filing" when the rule is that papers are not accepted more than 30 days before the return date. Expanded APB correctly as the All Papers By calendar; the page had called it "Adjourned Pending Basis," which is not the court's term. Removed the statement that papers must be bound and assembled under local rules, which is not in the published procedure. Restored the fact that the General Clerk's Office accepts only the notice of motion, proof of service, and Rule 202.7 affirmation to calendar a hard-copy motion. Added the affirmation-of-consent alternative, the requirement that a party seeking an adjournment without consent notify the non-consenting parties directly, and the NYSCEF document-type designation requirement.
- July 2026: Added frequently asked questions covering per diem coverage and appearance procedure.
- March 2026: Documented the no-appearance-required rule, adjournment procedure, and working-copy submission requirements.
Frequently Asked Questions
Do I need to appear in Room 130 if my motion is e-filed through NYSCEF?
If your motion is e-filed through NYSCEF, you typically do not need to appear in Room 130 on the return date. NYSCEF cases are automatically placed on the calendar. However, some Justices still require working copies of motion papers, so always verify your Judge's specific requirements.
How do I adjourn a motion in Room 130 at 60 Centre Street?
Obtain a written stipulation signed by all parties agreeing to the adjournment and naming the new return date, then e-file it through NYSCEF using the Stipulation to Adjourn Motion tag. Requests can be emailed to NYMOTCAL@courts.state.ny.us up to 5:00 PM on the day before the return date. Rule 202.8(e)(1) permits no more than three adjournments and no more than 60 days in total without leave of the court. A stipulation filed with sufficient notice adjourns the motion without a court appearance.
When must I appear in person for motion submissions in Room 130?
Rarely. The court's stated goal is to collect motion papers without any attorney having to appear in Room 130 at any time, and attorneys are not required to be present on the return date. On a hard-copy case, papers are accepted from 9:00 AM to 9:30 AM and the calendar is called at 9:30 AM. An adjournment sought without the consent of all parties is applied for by affidavit or affirmation rather than by appearing to argue before the Clerk, and an application that is not properly supported is placed on the three-day Adjourned Pending Basis calendar.