NY CPLR Rule 2221: Motion Affecting Prior Order

2221 governs motions that seek to revisit a prior order, including motions for leave to reargue and motions for leave to renew, and prescribes their procedural requirements, substantive standards, and filing rules.

Core Structure:

• Reargument (CPLR 2221[d]) corrects errors of law or fact allegedly overlooked or misapprehended by the court; no new evidence permitted; strict 30-day time limit.
• Renewal (CPLR 2221[e]) seeks a new determination based on new facts or a change in the law; requires justification for omission on the prior motion.

Procedural Rule (Subdivision [a]): The motion must be made to the judge who signed the prior order, subject to limited exceptions (default orders; orders issued without notice).

Key Doctrinal Divide:

• Reargument → correction of alleged error on the existing record
• Renewal → new determination based on new matter

Combined Motions (Subdivision [f]): A combined motion must separately identify and substantiate each ground; the court must decide each part independently.

Full Statutory Text

Rule 2221. Motion affecting prior order.

(a) A motion for leave to renew or to reargue a prior motion, for leave to appeal from, or to stay, vacate or modify, an order shall be made, on notice, to the judge who signed the order, unless he or she is for any reason unable to hear it, except that:

1. if the order was made upon a default such motion may be made, on notice, to any judge of the court; and

2. if the order was made without notice such motion may be made, without notice, to the judge who signed it, or, on notice, to any other judge of the court.

(b) 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 subdivision (a) of this rule.

(c) A motion made to other than a proper judge under this rule shall be transferred to the proper judge.

(d) A motion for leave to reargue:

1. shall be identified specifically as such;

2. shall be based upon matters of fact or law allegedly overlooked or misapprehended by the court in determining the prior motion, but shall not include any matters of fact not offered on the prior motion; and

3. shall be made within thirty days after service of a copy of the order determining the prior motion and written notice of its entry. This rule shall not apply to motions to reargue a decision made by the appellate division or the court of appeals.

(e) A motion for leave to renew:

1. shall be identified specifically as such;

2. shall be based upon new facts not offered on the prior motion that would change the prior determination or shall demonstrate that there has been a change in the law that would change the prior determination; and

3. shall contain reasonable justification for the failure to present such facts on the prior motion.

(f) A combined motion for leave to reargue and leave to renew shall identify separately and support separately each item of relief sought. The court, in determining a combined motion for leave to reargue and leave to renew, shall decide each part of the motion as if it were separately made. If a motion for leave to reargue or leave to renew is granted, the court may adhere to the determination on the original motion or may alter that determination.