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CPLR 2218 · Article 22. Stay, Motions, Orders and Mandates

Trial of issue raised on motion

Verbatim from the official edition

Text — Law content up to date as of July 3, 2026, as published by the New York State Senate (Open Legislation)

§ 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.

Source of truth

Edition
Law content up to date as of July 3, 2026, as published by the New York State Senate (Open Legislation)
Official file
https://legislation.nysenate.gov/pdf/laws/CVP2218
Text hash
sha256 9bbc881e16a38d4eb1cfb65d7e35c6e24709cca9cbbd8f0503cb97e971777770
Composed by
gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.