Unless the court orders otherwise, the Notice of a motion for preference must be served with the note of issue by the party or ______ after service of note of issue by any other party.

• A. 5 days
• B. 10 days
• C. 15 days
• D. 20 days

Answer: (B)

In this rule, the key idea is how quickly a party must act to request an expedited trial after others have signaled readiness for trial. A motion for preference is a way to ask the court to move a case onto an earlier trial calendar for reasons like health, age, or other urgent circumstances. The timeline is tied to the notice of issue, which is the formal signal that a case is ready to proceed to trial.

The requirement is that, unless the court says otherwise, the party (or that party’s attorney) must serve the Notice of a motion for preference together with their own note of issue, and this must be done after another party has served their note of issue. The purpose of this timing is to ensure that once someone else has indicated readiness for trial, others have a clear and limited window to seek priority without delaying the overall process. The standard window for completing that service is ten days.

If the court has granted a different schedule, that order would override the default, but in the typical scenario the ten-day period applies. The other choices don’t fit because they would not align with the established prompt window designed to keep the expedited-trial process orderly and predictable.