If you’re practicing appellate law in New York, understanding the rules governing motion practice is essential. One of the most frequently asked procedural questions is: When and if motions returnable in the New York State Appellate Division?
The answer is straightforward, however overlooking this rule can result in scheduling issues or delays. Here’s what every appellate practitioner should know. Under the Practice Rules of the Appellate Division (22 NYCRR Part 1250), motions are returnable only at 10:00 a.m. on a Monday, unless the court or a justice of the court directs otherwise. Specifically, 22 NYCRR § 1250.4(a)(1) establishes the standard return date for motions in the Appellate Division.
Unlike a trial court appearance, the return date is generally the date on which the court deems the motion submitted for consideration. In most instances, attorneys are not expected to appear unless specifically directed by the court. Instead, the return date serves as the deadline around which all motion papers—including opposition and reply papers—are scheduled to be submitted.
The rules also account for legal holidays. If the Monday return date falls on a legal holiday, the motion is automatically returnable on the next business day, which is typically Tuesday at 10:00 a.m. Attorneys should keep holidays in mind when calculating filing and service deadlines to avoid inadvertently selecting an incorrect return date.
While Monday at 10:00 a.m. is the default return date under 22 NYCRR § 1250.4(a)(1), the court or an individual justice has the authority to direct otherwise. Alternative return dates frequently arise in emergency applications, orders to show cause, expedited proceedings, or other matters requiring prompt judicial attention.
Whenever the court issues an order establishing a different return date, that order controls and supersedes the standard Monday return schedule date. Practitioners should carefully review all scheduling directives to ensure compliance with the court’s instructions.