For example, a motion to preclude asks the court to ban the testimony or evidence from being used in the case. As to timeliness, every Plaintiff's case must be brought within one of the various deadlines spelled out in the law, which are known as statutes of limitations.This article is for attorneys making a motion for summary judgment in New York state court under Rule 3212 of the Civil Practice Law and Rules. In failing to raise any arguments against Defendants' affirmative defenses in the Opening. If more than one title at same employer, list as separate employment. 2. Violating a rule may cause the court to strike or deny your motion. We can provide you with samples of court forms that are available. • We can provide you with guidance on how to fill out forms. For example, training and caseload may vary greatly. This is an example of how to complete an application notice, for an application to strike out a statement of case for abuse of process under CPR 3.4(2)(b).