CPLR 2218 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 2217 Prior motion; ex parte motion; transfer of motion up ARTICLE 22 Stay, Motions, Orders and Mandates next SECTION 2219 Time and form of order Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 2218 Trial of issue raised on motion Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 22 § 2218. Trial of issue raised on motion. The court may order that an issue of fact raised on a motion shall be separately tried by the court or a referee. If the issue is triable of right by jury, the court shall give the parties an opportunity to demand a jury trial of such issue. Failure to make such demand within the time limited by the court, or, if no such time is limited, before trial begins, shall be deemed a waiver of the right to trial by jury. An order under this rule shall specify the issue to be tried.