What is the time requirement for serving answering affidavits for a motion?

The correct understanding for serving answering affidavits in relation to a motion is that these must be served at least two days before the hearing. This requirement is established to ensure that all parties involved have a fair opportunity to review the responding documents prior to the court proceeding. Serving affidavits within this timeframe helps facilitate a smoother and more organized hearing, as both sides will have the comparative information needed to present their arguments effectively.

In New York's civil procedure context, the timing of these responses is crucial, especially as it allows the opposing party sufficient preparation time. Options requiring longer timeframes, such as five, three, or ten days, do not align with the established rules governing motions and their corresponding answering affidavits. Thus, the two-day rule is pivotal for compliance with procedural standards and advocating for a timely and efficient judicial process.