A notice of motion and supporting affidavits shall be served at least how many days before the time at which the motion is scheduled, and answering affidavits must be served at least how many days before the return date?

• A. 8 days; 2 days
• B. 10 days; 5 days
• C. 6 days; 2 days
• D. 8 days; 1 day

Answer: (A)

In motion practice, the timelines are set to give both sides a fair opportunity to prepare and respond. The moving papers—the notice of motion and the supporting affidavits—must be served at least eight days before the return date, so the other party has time to read and consider them. The answering affidavits, which respond to what’s in the moving papers, must be served at least two days before the return date, allowing the moving party to review and, if needed, file any replies before the hearing. This eight-day and two-day structure keeps the schedule predictable and ensures proper notice for all involved.