Seeing a real example of a NY motion packet helps more than reading rules. This page walks through each document in a complete NY motion filing — a fictional Bronx County case with CPLR 2214(b)-compliant dates.
Quick Answer
A complete New York motion packet typically contains five documents: (1) Notice of Motion, (2) Attorney Affirmation or Affirmation in Support (CPLR 2106 — no notary), (3) Memorandum of Law (legal argument), (4) Proposed Order, and (5) Affidavit of Service. Each document has a specific format and purpose. Courts expect all five. Missing any one of them can get your motion dismissed or denied.
Here is a worked example using a fictional Bronx County case:
CASE: Jane Doe v. John Roe, Index No. 20001/2024, Supreme Court, Bronx County
MOTION: Motion for Reargument of Order dated September 1, 2024
1. NOTICE OF MOTION
This is the formal cover document. It identifies: the court (Supreme Court, Bronx County), the parties, the Index Number, what you are asking for, and the return date. Under CPLR 2214(b), the motion must be served at least 8 days before the return date.
Example return date: October 15, 2024 (a Tuesday)
Service date: October 4, 2024 (11 days before — satisfies the 8-day minimum; if served by mail, add 2 days per CPLR 2103(b)(2), so mail by October 2)
2. AFFIRMATION IN SUPPORT (CPLR 2106 — no notary required)
This is your statement of facts. You tell the court what the original order decided, what fact or law was overlooked or misapprehended, and what the correct outcome should be — in numbered paragraphs. You sign it under penalty of perjury. Exhibits are attached.
3. MEMORANDUM OF LAW
This is your legal argument. It cites CPLR 2221(d) (reargument standard), the specific fact or law the court overlooked, and why the court should grant reargument. Written in formal legal style with headings.
4. PROPOSED ORDER
This is a draft of exactly what you want the judge to sign. It is formatted as a court order — "ORDERED that..." — so the judge can sign it immediately if they grant your motion.
5. AFFIDAVIT OF SERVICE
A statement certifying that you served a complete copy of the packet on all other parties, on a specific date, by a specific method (personal delivery or mail), at specific addresses.
FormaPauper's Document Wizard generates all five documents in a single workflow:
You answer plain-English questions about your case, the relief you are seeking, and the facts involved
FormaPauper structures your input into the correct NY caption format (Supreme Court, County, Index Number)
Each document is generated with the appropriate headings, structure, and CPLR-compliant language
The affirmation uses CPLR 2106 language (no notary required)
Service dates are calculated to comply with CPLR 2214(b) (8-day minimum) and CPLR 2103(b)(2) (2-day mail extension)
You review and edit each document before downloading
The final packet is ready to print, sign, and file
FormaPauper generates draft language. You are responsible for reviewing the content for accuracy, signing the affirmation, and ensuring the documents correctly reflect your facts and legal position.
Know the relief you are seeking
Before drafting anything, write in one sentence exactly what you want the judge to order. This drives every other document.
Identify the legal basis
What CPLR section, statute, or legal principle gives you the right to the relief you want? The Memorandum of Law needs this.
Draft the Affirmation first
Start with your facts under CPLR 2106 (no notary). The affirmation grounds everything else. Once you know your facts, the legal argument almost writes itself.
Draft the Memorandum of Law
Use your affirmed facts and the legal basis you identified. Structure: Introduction → Statement of Facts (by reference) → Legal Argument → Conclusion and Relief Requested.
Prepare the Notice of Motion
Fill in the return date (check your court calendar), the relief you are requesting, and the Index Number. Under CPLR 2214(b), serve at least 8 days before the return date (10 days if by mail per CPLR 2103(b)(2)).
Draft the Proposed Order
Write exactly what you want the judge to sign. Keep it specific: "ORDERED that Defendant shall pay Plaintiff $X on or before [date]."
Complete the Affidavit of Service
After you serve copies on all parties (by the required deadline), complete the affidavit with the date, method, and addresses.
Submitting only a letter or informal request — courts require formal motion documents, not letters.
Including factual argument in the Memorandum of Law instead of citing to the Affirmation.
Writing the Proposed Order too vaguely — the judge needs to be able to sign it as-is.
Failing to check the court calendar for available return dates before scheduling your motion.
Not double-checking the Index Number on every page of every document.
Miscalculating the 8-day service minimum under CPLR 2214(b) — if serving by mail, add 2 days per CPLR 2103(b)(2).
Forgetting to sign the Affirmation under CPLR 2106.
Omitting the Affidavit of Service — without proof of service, the court may reject your motion.
Generally yes, for contested motions. Some courts have simplified procedures for certain types of motions (e.g., uncontested consent orders), but for any disputed motion, all five documents are typically expected.
No. Courts expect them to be separate. Mixing sworn facts with legal argument confuses the record and can undermine your credibility.
Under 22 NYCRR 202.5, papers must be legible. Most courts expect 12-point font on 8.5" x 11" paper with standard margins. Check your court's local rules for any specific requirements.
Under 22 NYCRR 202.8, memoranda of law in civil matters should generally not exceed 7,000 words. Most effective memoranda for typical motions are 5–15 pages.
The return date is the date the judge will consider your motion. Under CPLR 2214(b), a motion on notice must be served at least 8 days before the return date. If served by mail, add 2 additional days per CPLR 2103(b)(2).
Under CPLR 2211(c), a motion is made on notice (you serve the other side in advance). An order to show cause is made without prior notice — you ask the court to direct the other side to appear and show cause. Orders to show cause are used for emergency or expedited relief.
FormaPauper's Document Wizard helps you build a complete, properly formatted NY filing packet — step by step, in plain English.
Important: Not Legal Advice
FormaPauper is not a law firm and does not provide legal advice. The information on this page is provided for general educational purposes only and applies specifically to New York courts. Nothing here creates an attorney-client relationship. Court procedures, fees, and rules change — always verify current requirements with your county courthouse or on nycourts.gov before filing. The legal authorities on this page have been verified against official sources (nysenate.gov / nycourts.gov) but have not been attorney-reviewed. For complex matters, particularly those involving permanent consequences, we strongly recommend consulting a licensed New York attorney. Free legal help is available through LawHelpNY.