Document served to set a motion for a hearing and explain the basis for the relief sought?

• A. Affidavit
• B. Summons
• C. Notice of Motion
• D. Order to Show Cause

Answer: (C)

In New York civil practice, to seek relief from the court you must notify the other side that a motion will be heard and when, by serving a Notice of Motion. This notice sets the hearing date and states the relief you’re asking the court to grant. The actual basis for that relief—facts and legal grounds—is explained in the motion papers that accompany the notice, such as affidavits or affirmations and, if needed, a memorandum of law. The other options serve different roles: a summons starts the case; an affidavit alone presents facts but doesn’t schedule a hearing or specify the requested relief; an order to show cause is a special, expedited device used for urgent relief. So the document that both sets the motion for a hearing and signals the relief sought is the Notice of Motion.