In the context of a Motion on Notice, what is the return date?

In the context of a Motion on Notice, what is the return date?

• A. The date papers are presented to court
• B. The date the motion papers are served
• C. The date after which the motion expires
• D. The date of the trial

Answer: (B)

In a Motion on Notice, the key moment is when the other party is informed about the motion. The return date is set to the date on which those motion papers are served, because service creates the notice that starts the procedural process. Once the papers are served, the motion is “on notice” and the court expects to hear it on the return date. The date papers are presented to the court, a separate filing step, or a trial date are different milestones, and the notion of a motion expiring after a date is a separate deadline, not the return to court for the hearing. So the return date centers on when the motion papers are served.

In a Motion on Notice, the key moment is when the other party is informed about the motion. The return date is set to the date on which those motion papers are served, because service creates the notice that starts the procedural process. Once the papers are served, the motion is “on notice” and the court expects to hear it on the return date. The date papers are presented to the court, a separate filing step, or a trial date are different milestones, and the notion of a motion expiring after a date is a separate deadline, not the return to court for the hearing. So the return date centers on when the motion papers are served.