22.8 - B. Time And Place Of Motion

JurisdictionNew York

B. Time and Place of Motion

A post-trial motion must be made “before the judge who presided at the trial within fifteen days after decision, verdict or discharge of the jury. The court shall have no power to grant relief after argument or submission of an appeal from the final judgment.”3386

Assuming the trial judge is still available, the sole exception to the rule that a post-trial motion must be made before the same judge who presided over the trial is when the motion is based on alleged improprieties of the trial judge. Counsel should bring such a motion before the administrative judge, who will then assign it to a different judge for determination.3387

The 15-day requirement generally governs written motions because oral post-trial motions presumably are made as soon as the verdict is returned. The 15-day time period can be, and frequently is, extended by the trial court when a formal post-trial motion is to be brought.3388 The best practice is simply to request the additional time from the trial justice immediately after the verdict. If the request for an extension is to be denied, it is better to know it on day...

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