(a) Prior motion. Any motion may be referred to a judge who decided a prior motion in the action.
R 2217.Prior motion; ex parte motion; transfer of motion
Article 22. Stay, Motions, Orders and Mandates · Last amended 1986 · Last verified July 21, 2026
In one sentenceCPLR 2217 lets a motion be referred to the judge who handled an earlier motion in the same case, requires an ex parte motion to disclose the outcome of any prior similar motion, and allows a motion to be transferred to another judge when the original judge can't hear it.
Full Text of CPLR 2217
(b) Affidavit on ex parte motion. An ex parte motion shall be accompanied by an affidavit stating the result of any prior motion for similar relief and specifying the new facts, if any, that were not previously shown.
(c) Transfer of motion. If a motion is made to a judge who is or will be for any reason unable to hear it, it may be transferred by order of such judge or by written stipulation of the parties to any other judge to whom it might originally have been made.
(d) Rules of the chief administrator of the courts. The chief administrator may by rule exclude motions within a department, district or county from the operation of subdivisions (a) and (c) of this rule.
Plain-English Summary
Cases often generate a string of motions, and CPLR 2217 gives courts tools to manage that string efficiently. Any motion may be referred to a judge who already decided a prior motion in the same action, letting that judge build on familiarity with the case rather than starting from scratch each time, though the rule leaves that choice to the discretion of whoever the new motion is brought before.
Ex parte motions get a disclosure requirement, since there's no opposing party in the room to flag a prior attempt at the same relief. The moving party's affidavit has to state the outcome of any earlier motion for similar relief and lay out whatever new facts justify trying again. That keeps a party from quietly re-litigating a request a different judge already turned down.
And when the judge a motion was brought to can't hear it, for any reason, subdivision (c) allows that judge, or a written stipulation between the parties, to transfer the motion to any other judge who could have heard it in the first place. The chief administrator can exclude particular motions from the referral and transfer provisions within a department, district, or county.
Frequently Asked Questions
Can the same judge hear multiple motions in my New York case?
Yes, and CPLR 2217(a) specifically allows any motion to be referred to a judge who already decided a prior motion in the action, at that judge's discretion.
Do I have to disclose an earlier motion when I bring an ex parte motion?
Yes. CPLR 2217(b) requires an affidavit accompanying an ex parte motion to state the result of any prior motion for similar relief and to specify what new facts, if any, weren't shown before.
What happens if the judge my motion was brought to can't hear it?
CPLR 2217(c) allows that judge, or the parties by written stipulation, to transfer the motion to any other judge who could originally have heard it.
Why does CPLR 2217 require disclosure only for ex parte motions?
Because ex parte motions are made without an adversary present to alert the court to a prior similar motion; motions on notice already give the other side a chance to raise that history.
Does CPLR 2217 apply the same way to a motion brought by order to show cause?
Yes. Its referral, disclosure, and transfer provisions apply whether the motion was started by a notice of motion or by an order to show cause.
Advisory Committee Notes
Subd (a) omits the requirements of compulsory referrals of motions seeking relief similar to that sought on a prior motion, and instead leaves referral of any motion to a judge who heard a prior motion within the discretion of the judge before whom it is brought. Subd (b) assures that the judge will be advised of prior motions, for ex parte motions are made without the presence of an adverse party to advise the judge of any prior motions. The provisions of CPA § 118 and of RCP 61 specifying the consequences of noncompliance—i.e., vacatur of the order and contempt–have been omitted. These sanctions are discretionary. Power to cite for contempt and to vacate an order improperly obtained is obviously inherent in the court and need not be specifically mentioned. Subd (c) is derived without change of substance from RCP 67. Like the other rules of this title, it is intended to apply to an order to show cause as well as a motion begun by service of notice, and the explicit reference to an order to show cause in the former rule is omitted. The statement that the order of transfer should be made at or before the time when the motion “is to be made” is apparently based on the old rule that a motion was “made” on the return date, which was changed by a 1941 amendment to CPA § 113. It is in any event omitted as unnecessary since it is understood that the order would have to be made at or before the return date.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963; amd, L 1986, ch 355, § 4, eff July 17, 1986.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: prior motion same judge New Yorkex parte motion disclosure requirement New YorkCPLR 2217 transfer of motionNew York motion reassignment rule