New York Civil Procedure Forms


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Affidavit Stating Facts on Information and Belief

This form is an affidavit in which the affiant is swearing to facts based on information and belief. This form is an affidavit in which the affiant is swearing to facts based on information and belief.

Civil Procedure Categories

We offer many different types of Civil Procedure forms. Some of them offered are listed by area below. For others, please use our search engine.

Civil Procedure Forms FAQ

What is civil procedure? 

Civil procedure is the body of law governing the methods and practices used in civil litigation. It can be enacted by the legislature or the courts. It can be the rules that are used in handling a civil case from the time the initial complaint is filed through the pretrial discovery, the trial and any subsequent appeal. In a nutshell, it can taken as the methods, procedures, and practices used in civil cases.

How do I know which rules apply to my case? 

State and federal courts have different procedure codes. Each state has its own rules of civil procedure which is set out in a separate code of civil procedure. Many of the state civil procedure codes are modeled on the Federal Rules of Civil Procedure. Generally, if the claim is brought in a state court, state procedural rules apply, and federal procedural rules apply to claims brought in federal court.

Certain types of claims are governed by a separate set of procedural rules. For example, bankruptcy claims are governed by Federal Rules of Bankruptcy Procedure, and appeals are governed by state or federal rules of appellate procedure. Specific courts may also have their own set of local court rules which must be followed, in addition to the applicable state or federal rules. The clerk of courts at a particular court may be asked to direct you to the local court rules.

What happens if I fail to follow a rule of civil procedure? 

Failure to follow the requirements of the applicable rules can result in the case being dismissed on procedural grounds. Such failure may also lead to rulings and denials which can harm your case, such as the exclusion of important evidence or the inability to file an important pleading in a case. A failure to comply with the rules may even lead to the imposition of attorney and court fees and sanctions.  

Top Questions about New York Civil Procedure Forms

  • What is a DIY form?

    A DIY form is a template or document designed for individuals to complete legal processes independently. These forms guide users through the necessary steps, helping them fill in essential information accurately. Utilizing New York Civil Procedure Forms as DIY forms makes legal procedures more manageable for everyone.

  • How do I petition for modification of order of protection in NY?

    To petition for modification of an order of protection in New York, submit a request to the court that issued the order, explaining your reasons for the modification. Include any relevant evidence to support your claims, such as changes in living situations or behavior. The New York Civil Procedure Forms provide a structured way to file your petition, ensuring you follow the necessary legal guidelines.

  • How do you remove an order of protection in NY?

    To remove an order of protection in New York, you must file a petition with the court, demonstrating that the circumstances justifying the order have changed. This typically requires evidence that the situation has improved since the order was issued. Utilizing New York Civil Procedure Forms can streamline this process, making it easier to present your case to the judge.

  • What is an example of a substantial change in circumstances in NY?

    A substantial change in circumstances in New York may refer to new evidence that significantly affects the safety or welfare of individuals involved. For instance, if the respondent engages in new acts of harassment, this could warrant a re-evaluation of the existing protection order. Documenting these changes is essential, and utilizing New York Civil Procedure Forms can help you present your case effectively.

  • What is a modified order of protection?

    A modified order of protection is a legal adjustment made to an existing order, often due to changes in circumstances. In New York, this could involve altering restrictions or extending the duration of the order. You would typically need to use New York Civil Procedure Forms to properly submit your request for modification.

  • How do you amend an order of protection petition?

    To amend an order of protection petition in New York, you must file a new petition along with your proposed changes. Ensure you include a clear explanation of why you are making amendments. It is crucial to follow the New York Civil Procedure Forms that guide this process to avoid delays or complications.

  • Do I need a lawyer to respond to a summons?

    You do not need a lawyer to respond to a summons in New York, though it can be beneficial. With the right New York Civil Procedure Forms, you can competently prepare your answer and represent yourself. That said, if you feel overwhelmed or unsure, consulting one might be a wise choice. You can find helpful information and templates on our platform to ease the process.

  • How do you respond to being summoned?

    When you are summoned, it’s important to take prompt action by carefully reviewing the details of the summons. You can respond using the New York Civil Procedure Forms, clearly stating your position on the claims being made. Make sure to file your response within the time allowed to ensure your rights are protected. Our platform provides resources to help you navigate this challenge.

  • How do I answer a summons without a lawyer in NY?

    To answer a summons without a lawyer in New York, first read the summons carefully and understand the claims against you. Make use of the New York Civil Procedure Forms to draft your answer clearly, outlining your defenses and counterclaims. File your answer with the court by the deadline and serve it on the plaintiff. Our website offers guidance and necessary forms to assist you.

  • How do I file an answer in New York civil court?

    Filing an answer in New York civil court requires you to complete the necessary New York Civil Procedure Forms accurately. After drafting your answer, you should file it with the appropriate court where your case is pending. You must also serve a copy to the opposing party. For detailed instructions and access to forms, visit our platform.