What is the date on which a motion is scheduled to be argued or decided?

• A. Return Date
• B. Affidavit
• C. Counterclaim
• D. Personal Service

Answer: (A)

In New York motion practice, the date a motion is to be argued or decided is the return date. This is the date shown on the notice of motion (or order to show cause) when the court will hear the motion or consider it on submissions. Paper deadlines hinge on this date: the moving papers are served with instructions for responses, and the opposing side must file any affidavits or opposition before the return date so the court has everything it needs to decide. The other terms are not dates: an affidavit is a sworn statement used as evidence, a counterclaim is a defendant’s separate claim against the plaintiff, and personal service is the act of delivering documents to another party.