These sample motions, provided courtesy of the Center for Family Representation (CFR), the Monroe County Conflict Defender's Office (MCCDO), the Monroe County Public Defender’s Office (MCPDO), the Bronx Defenders (BXD), Brooklyn Defender Services (BDS), The Law Office of Alexandra J. Buckley, and the Suffolk County Legal Aid Society, are meant to be used as a guide only. If you choose to use the cut/copy and paste function, please be mindful to adapt the motions to the specific facts and circumstances of your client’s case. Also, some of the motions contain case law; before using it please remember to do your due diligence in making sure the law has not changed, as NYSDA is not responsible for any use of these documents. If you have any questions or concerns, please feel free to reach out to NYSDA’s Family Court Staff Attorney, Kim Bode at Kbode@nysda.org.

Happy writing!


FCA Article 10 Motions:
1) Writ of Habeas Corpus (can be used when alleging that ACS/CPS has illegally detained a child) (BDS)
2) Motion for ACS/CPS to Pay for or Provide Services (BDS)
3) Motion for Contempt Against CPS (can be used to request that a party, including a non-respondent parent be held in civil contempt for failing to facilitate court orders visitation with the respondent parent) (CFR)
4) 1028 Motion (Return of the Child) (can be used to request that a child who has been temporarily removed from their parent be returned home because no imminent risk to the child’s life or health exists) (CFR)
5) Motion to Change Placement to Kinship Placement (can be used when requesting a child who is in foster care be placed with a relative resource) (BDS)
6) Motion for Suspended Judgment (can be used to request that the aid of the court is no longer necessary and the court should retroactively enter a suspended judgment, vacate the neglect finding, and dismiss the case, based on a four factor test) (CFR)
7) Motion for Unsupervised Visits Between a Parent and Child (in ACS/CPS Custody) (BDS)
8) Motion For Trial Discharge (can be used when requesting that a child placed in ACS/CPS custody be placed with the parent on a trial basis - requires a modification of either an order of dispo or permanency hearing order) (BDS)
9) Motion in Limine (can be used to request that all or part of a client’s Progress Notes proffered by DSS as at a fact-finding hearing be deemed inadmissible, on the grounds that it is irrelevant, speculative, an improper opinion, contemporaneousness, or inadmissible hearsay) (CFR)
10) Motion in Limine (request to exclude hearsay evidence and request for a hearing under Frye v. U.S. concerning the admissibility of expert testimony) (BXD)
11) Motion to Dismiss Pre-fact finding (can be used to ask for a neglect petition to be dismissed before a fact finding hearing is conducted, because either a neglect case was not properly pleaded or aid of the court is no longer needed [i.e. the children are living with a grandparent]) (CFR)
12) Motion for testimonial immunity (can be used when the client has concurrent criminal & family court cases arising out of the same act; asking the court to order that any civil testimony won’t be used against them in the criminal case) (MCCDO)
13) Motion to Preclude Evidence (can be used to ask the court to prevent DSS from using evidence at trial that it failed to turn over to the respondent, despite requests. Can be used in addition to or instead of a Motion to Compel) (BXD)
14) OTSC to Preclude Expert Testimony (can be used to ask the court to prevent an expert from testifying when DSS fails to provide an expert disclosure) (BXD)
15) Discovery Demand (can be used to obtain documents and other information from DSS, at the earliest possible time, but preferably well before trial) (BXD)
16) Motion for Disclosure of Private Health Information (can be used to request that the subject child’s therapy or medical records be released to the parent attorney for purposes of preparing for trial, only if the records are reasonably related to the case at hand) (BXD)
17) Qualified Protective Order 1 (can be used to request that the child’s mental health records only be released to necessary individuals involved in connection with the pending case) (BXD)
18) Qualified Protective Order 2 (can be used to request that in compliance with 42 C.F.R. § 2.64 (e), disclosure of client’s sensitive medical information be restricted to only necessary individuals in compliance with a subpoena) (BXD)
19) Motion to Compel Discovery (can be used to ask the court to order DSS to comply with your Discovery Demand, after they fail to either fully or partially comply) (BXD)
20) OTSC Compelling Petitioner to Provide Expert Disclosure in Compliance with Specific Requirements of CPLR 3101(d) (BXD)
21) Motion Pursuant to FCA 1061 (Can be used to request that a neglect finding be dismissed post-fact finding for good cause shown) (SCLAS)

FCA Article 8 Motions:
1) Motion to Dismiss (can be used to request that a family offense (FO) petition be dismissed for failure to allege sufficient pleadings to establish that a FO was committed, and failure to allege that a familial relationship exists between the parties, alternatively asking that certain statements be stricken from the pleadings as they are scandalous and/or prejudicial material unnecessarily inserted into the pleadings which have no bearing on the allegations) (MCPDO)
2) Motion to Dismiss (can be used to ask that a FO petition be dismissed for failure to allege that a designated FO/crime has been committed as proscribed under the NYS Penal Law) (MCCDO)

FCA Article 6 Motions:
1) Motion to Dismiss a Visitation Modification (can be used to request dismissal when the petitioner fails to allege a sufficient change of circumstances as to why the current schedule should be changed)failure to state a cause of action) (MCPDO)
2) Motion to Dismiss a Custody Modification Petition (can be used to ask for the dismissal of a custody petition for failure to allege a change of circumstances. A mere desire for custody is not sufficient) (MCCDO)
3) Motion to Compel Discovery (can be used to either ask for a court order to compel answering of interrogatories or preclude testimony of the party not in compliance) (MCCDO)
4) Memorandum of Law in Support of a Motion to Dismiss a Custody Petition in a Parent v. Non-Parent Case (can be used in support of a motion to dismiss a non-parent's custody petition on the grounds that they have failed to establish standing) (no extraordinary circumstances)
5) Memorandum of Law in Support of a Motion to Dismiss a Visitation Petition brought by a non-parent against a parent (can be used in support of a motion to dismiss for failing to allege facts showing that the grandparent has standing to seek visitation.

FCA Article 5 Motions:
1) Motion to Dismiss a Paternity Petition (can be used to request dismissal based on equitable estoppel)
2) Order to Show Cause with Stay (can be used to request a stay from the appellate division)
3) Order to Show Cause (Vacate, Seal, Stay & Transfer Proceedings)

FCA Article 4 Motions:
1) Motion to Vacate Order of Support (can be used to ask to vacate a default judgment and findings in a child support contempt proceedings, and warrant vacatur) (MCCDO)

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Subpoenas

Sample Judicial Subpoena Duces Tecum (and supporting papers to obtain Medical Records
1) Affirmation in Support for Subpoena to Obtain Medical Records
2) Judicial Subpoena to Obtain Medical Records
3) OTSC - Judicial Subpoena for Medical Records

Sample Judicial Subpoena Duces Tecum (and supporting papers) to compel production of Chemical Dependency Records
1) Affirmation in Support Requesting Judicial Subpoena to Obtain CDR
2) Judicial Subpoena to Obtain DCR
3) Order to Produce CDR Pursuant to Judicial Subpoena
4) OTSC Requesting Judicial Subpoena to Obtain CDR

Sample Judicial Subpoena Duces Tecum (and supporting papers) to obtain CPS Records
1) Affirmation in Support of Motion for Judicial Subpoena Seeking CPS Records
2) Notice of Motion for Judicial Subpoena to Obtain CPS Records
3) Order to Produce CPS Records (Order to Enforce Subpoena)

Sample Judicial Subpoena Duces Tecum (and supporting papers) to obtain Mental Health Records
1) Affirmation in Support of Motion to Obtain Subpoena for MH Records
2) Judicial Subpoena to Obtain MH Records
3) Order to Produce MH Records
4) OTSC for Subpoena to Obtain MH Records

Sample Judicial Subpoena Duces Tecum (and supporting papers) to receive records from a Gov. Agency
1) Affirmation in Support of Motion for Judicial Subpoena to Obtain Records from Gov. Agency
2) Judicial Subpoena to Obtain Records from a Gov. Agency
3) Notice of Motion for Judicial Subpoena to Obtain Records from a Gov. Agency

Sample Subpoena and Business Records Certification (to compel testimony and production of documents generally)
1) Business Record Cert (CPLR 4518)
2) Judicial Subpoena Duces Tecum (signed by a judge)
3) Subpoena Duces Tecum (signed by the attorney)