Stipulation to Adjourn a Motion
(NY)

Summary

This Stipulation to Adjourn a Motion (NY) is a standard form that attorneys can use to adjourn a motion filed in a civil action in New York Supreme Court. The stipulation notifies the court clerk of the new motion return date and adjusted responsive filing deadlines. This template contains practical guidance and drafting notes. Parties can—and frequently do—agree to extend most deadlines without prior court permission. In practice, attorneys often consent to extensions of time that the court would ordinarily grant, such as extensions for filing an answer, responding to discovery, or responding to a motion. However, do not expect opposing counsel to save you from expired deadlines that are fatal to your case, such as a statute of limitations deadline. If all parties agree to your extension request, you should prepare a stipulation containing all the terms of your agreement, including the new date, any other dates adjusted by the new deadline, and a description of the reasons for needing the extension. Counsel for all parties should promptly sign the stipulation. Note that effective February 1, 2021, no motion may be adjourned on consent more than three times or for a cumulative total of more than 60 days (unless the court orders otherwise). See 22 NYCRR § 202.8-a. As a practical matter, many attorneys file stipulations extending time with the court even if the extension will not interfere with a court-imposed discovery completion, hearing, or trial date. Be sure to consult your court's applicable local rules and your judge's individual rules and standing orders to determine if the court imposes any specific requirements for filing or approving your stipulation. For a full listing of key content covering fundamental civil litigation tasks throughout a New York court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NY). For more information on motion practice in New York Supreme Court, see Motion Practice: Initial Considerations Checklist (NY). For checklists related to motion practice in New York Supreme Court, see Motion Practice Checklist (New York County) (NY); Motion Practice Checklist (Kings County) (NY); and Motion Practice Checklist (Queens County) (NY). For more information on computing and extending time in New York Supreme Court, see Computing and Extending Time in Litigation (NY).