For a Motion on Notice, which statement correctly identifies the required advance notice?

For a Motion on Notice, which statement correctly identifies the required advance notice?

• A. When served or dropped in mailbox
• B. The date papers are presented to court
• C. 8 days
• D. The return date

Answer: (C)

The main idea is the minimum lead time required before a Motion on Notice can be heard. For this type of motion, you must give eight days of advance notice by serving the Notice of Motion so that it precedes the motion’s return date. That eight-day window ensures every party has time to prepare a response and the court has a chance to schedule and review materials. The other options relate to when service is considered effective (not the length of the notice) or to the actual date the motion will be heard, rather than how much advance notice is required. In short, eight days is the required notice period, though there can be exceptions for urgent motions or rules about service by mail that may extend the time.

The main idea is the minimum lead time required before a Motion on Notice can be heard. For this type of motion, you must give eight days of advance notice by serving the Notice of Motion so that it precedes the motion’s return date. That eight-day window ensures every party has time to prepare a response and the court has a chance to schedule and review materials. The other options relate to when service is considered effective (not the length of the notice) or to the actual date the motion will be heard, rather than how much advance notice is required. In short, eight days is the required notice period, though there can be exceptions for urgent motions or rules about service by mail that may extend the time.