Which documents are typically filed with a motion on notice?

• A. Notice Of Motion Only
• B. Memorandum Of Law Optional
• C. Notice Of Motion, Supporting Affidavits, And Memorandum Of Law (Optional)
• D. Answer And Counterclaims

Answer: (C)

In New York civil practice, a motion on notice is supported by three things: the notice of motion, the supporting affidavits, and a memorandum of law, which is optional. The notice sets the hearing date and informs the opponent of what is being sought; the supporting affidavits provide the factual basis for the relief requested; the memorandum of law gives the legal argument and authorities. Without the notice and affidavits, the motion lacks proper procedure and a factual record; the memorandum of law, while optional, helps articulate the legal theory. The other options miss one or more essential components: a standalone notice omits the factual support and legal briefing, a memorandum of law alone lacks the required notice and affidavits, and pleadings like an answer and counterclaims pertain to the merits of the underlying controversy, not to the motion on notice.