In addition to motions made orally immediately after decision, verdict or discharge of the jury, there shall be only one motion under this article with respect to any decision by a court, or to a verdict on issues triable of right by a jury; and each party shall raise by the motion or by demand under rule 2215 every ground for post-trial relief then available to him.
R 4406.Single post-trial motion
Article 44. Trial Motions · Last amended 1963 · Last verified July 21, 2026
In one sentenceArticle 44 allows only one post-trial motion after any given decision or jury verdict, so each party must raise every ground for relief, by the motion or by a demand under rule 2215, all at once, aside from an oral motion made right after the verdict.
Full Text of CPLR 4406
Plain-English Summary
CPLR 4406 forces post-trial practice into a single round. Rather than let a party come back with a second or third motion as new arguments occur to it, the rule allows only one motion under article 44 following a given decision or jury verdict.
That single-motion rule cuts both ways: whoever brings the motion has one shot to raise every ground for relief available at the time, and the opposing parties have to respond by raising their own grounds for relief too, through a demand under CPLR 2215, rather than sitting back and waiting for a separate motion of their own. The one exception is an oral motion made immediately after the decision, verdict, or discharge of the jury, which does not count against the single-motion limit and lets a party preserve an issue on the spot without committing to a full written motion before there has been a chance to review the trial.
Frequently Asked Questions
How many post-trial motions can I make under CPLR article 44?
Only one, aside from an oral motion made immediately after the decision, verdict, or discharge of the jury.
Do I have to raise every argument in one post-trial motion?
Yes. CPLR 4406 requires each party to raise every ground for post-trial relief then available, either in the motion or by a demand under rule 2215.
What if I want relief but the other side made the post-trial motion, not me?
You raise your own grounds for relief through a demand under CPLR 2215 in response to that motion, rather than filing a separate motion of your own.
Does an oral motion made right after the verdict count against the one-motion rule?
No. CPLR 4406 exempts an oral motion made immediately after the decision, verdict, or discharge of the jury from the single-motion limit.
If different issues in one case are tried separately before a jury, a referee, and the court, how many post-trial motions are allowed?
One single motion may follow each separate decision or verdict, so a case can have one motion after the jury's verdict, another after the referee to determine's decision, and another after the court's own decision on the issues it decided.
Advisory Committee Notes
This rule is new. It contemplates a single post-trial review of the verdict or decision in which the court has the opportunity to hear and consider all arguments for relief at once. Under former practice, a motion for judgment notwithstanding the verdict under subd 3 of CPA § 457-a might have been made independently of a motion for new trial under § 549. Successive motions for new trial were permitted under §§ 549 and 552 although a ground which had been urged at the trial might not have been raised again at Special Term. Jacquin v Syracuse Auto R. & T. Corp. (1933) 263 NY 53, 188 NE 154.
Under this rule, upon motion by one party, all other parties are required to demand relief under rule 2215 in opposing the motion. Thus, the court has the advantage of having heard all arguments before rendering any decision.
The oral motion at trial is exempted in order that parties will not be forced to present their grounds for relief before they have had an opportunity to review the trial. Extensions of time may be permitted under other provisions where necessary. See, e.g., § 1022 (substitution of parties).
There is a similar provision in Illinois, where all relief must be requested in one post-trial motion. Ill Ann Stat c. 110, §§ 68.1(2), 68.1(3) (Smith-Hurd 1956). However, under the Illinois rule, a party against whom judgment is entered pursuant to such a motion has the opportunity to make another post-trial motion for relief from the new judgment. Under this rule, on granting or denying a motion for judgment the court is required to render a conditional decision as to new trial. Each party could urge such relief on the motion as an alternative to judgment being entered against him. A provision like that of Illinois would, in effect, require the court to reconsider its previous conditional decision.
Where, as is normally the case, all issues are tried by the court or by a jury had as of right, there will be only one post-trial motion in the case. It may be, however, that some issues will be tried by a jury as of right, others by a referee to determine and still others by the court, with or without an advisory jury or referee to report. In such case, one “single motion” may be made after the jury’s verdict, another after the decision of the referee to determine, and still another after the decision of the court on the issues it decides. Indeed, if two separate juries are empanelled successively to try different issues as of right a separate “single motion” will be possible following each verdict.
Amendment History
Formerly § 4406, add, L 1962, ch 308; amd, L 1962, ch 315, § 1, eff Sept 1, 1963.
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: single post-trial motion New Yorkone motion rule CPLRrule 2215 demand for reliefconsolidating post-trial motions