Notice of motion for a new hearing or to stay, modify, set aside or vacate an order under FCA 763 must be served at least how many days before the return date?

• A. 2 days
• B. 7 days
• C. 1 day
• D. 14 days

Answer: (A)

When a party seeks a new hearing or to stay, modify, set aside, or vacate an order under this provision, the notice of motion must give the other side a brief but real opportunity to prepare for the hearing. The rule sets a two-day lead time before the return date for serving that notice. This shorter notice period reflects the faster pace of Family Court proceedings, where timely relief is often needed but some advance notice is still required so the responding party can respond.

Two days strikes a balance: it helps prevent last-minute filings while avoiding unnecessary delays in urgent family matters. A longer period (like seven or fourteen days) would slow things down, undermining the purpose of the provision, and a shorter period (such as one day) could leave the other party with too little time to prepare.