A motion is a formal a request for the Court to issue an order separate from the main judgment. The statutory basis for motions is found in CPLR 2214.A party can amend a pleading once, as of right, "within twenty days after its service, or at any time before the period for responding to it expires. For the motion, you need to file an affidavit of service reflecting service of the motion papers. Plaintiff also cross-moves to amend the complaint, but fails to submit any proposed amended complaint or affidavit of merit. Plaintiff failed to submit "an affidavit of merits and evidentiary proof that could be considered upon a motion for summary judgment" (id. Plaintiff also cross-moves to amend the complaint, but fails to submit any proposed amended complaint or affidavit of merit. (no affidavit of merit is necessary). Pleading Rules. Particularity. Intheblanks form authorizing a filing agent to efile documents on behalf of an individual attorney.