For a motion on notice, service must be made at least how many days before the return date?

Prepare for the New York Multistate Bar Exam with comprehensive study resources. Access multiple-choice questions, detailed explanations, and exam tips to boost your preparation and confidence.

Multiple Choice

For a motion on notice, service must be made at least how many days before the return date?

Explanation:
Eight days before the return date. In New York, a motion on notice requires service of the notice of motion and all supporting papers at least eight days before the date set for the motion to be heard. This gives the other party time to respond and lets the court schedule. If service is by mail, you add five days to that period, so thirteen days before the return date. The other options don’t fit the standard timeframe for a motion on notice.

Eight days before the return date. In New York, a motion on notice requires service of the notice of motion and all supporting papers at least eight days before the date set for the motion to be heard. This gives the other party time to respond and lets the court schedule. If service is by mail, you add five days to that period, so thirteen days before the return date. The other options don’t fit the standard timeframe for a motion on notice.

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