What is the "two-day rule" concerning motion practice in New York?

The "two-day rule" in New York pertains to the timing of serving responses to motions in relation to the return date of those motions. Specifically, this rule states that any responses to motions must typically be served at least two days before the scheduled return date. This requirement ensures that all parties involved in the motion have sufficient time to review the responses and prepare for any oral arguments or decisions that may be made by the court during the hearing.

This rule promotes fairness and efficiency in the judicial process, as it prevents last-minute submissions that could disrupt the court's schedule or burden the other parties with insufficient time to respond. Adhering to the two-day timeline is crucial for maintaining orderly procedures in motion practice.

In contrast, the other options do not accurately reflect the requirements for serving responses to motions. For example, responses needing to be filed one week prior would not apply to the two-day rule, and serving responses on the day of the hearing would violate the standards set to ensure all parties have an opportunity to prepare appropriately. Additionally, the discretion of the judge typically does not modify the two-day rule but may pertain to specific procedural aspects in other contexts.