Ex parte application new york

February 4, 2025

Supreme Court of the State of New York New York County

Overview

An ex parte motion is a motion made without notice, and it is only explicitly authorized in certain limited situations.

An order to show cause is a substitute for a notice of motion and a species of ex parte application. Frequently, orders to show cause request a shortened notice time for a motion to be heard and the issuance of a temporary restraining order.

Ex parte order in criminal case

For more information regarding temporary restraining orders, see New York County Supreme Court SmartRules™ procedural guide: MOTION FOR TEMPORARY RESTRAINING ORDER.

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Timing

At Any Time

The New York Civil Practice Laws and Rules provide that an ex parte motion in a Supreme Court case that may be made without notice, may be made at a motion term or to a Justice out of court in any county in the state.

CPLR 2212 (b).

However, the Uniform Rules state that ex parte motions submitted to a judge outside of the county where the underlying action is venued (or will be venued) must be referred to the appropri

order of show cause

what is order to show cause in court