New York Civil Procedure Forms - Nys Civil Service Law


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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 New York Civil Procedure Rules

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 New York State Civil Service Law

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.  


New York Eviction Notices by Type

Eviction notices in New York come in different types, depending on the reason for eviction. One common type is the "Pay Rent or Quit" notice, which is given when a tenant fails to pay rent on time. This notice informs the tenant that they must pay the overdue rent within a specific timeframe or face eviction. Another type is the "Cure or Quit" notice, which is issued when the tenant violates the terms of the lease agreement. This notice allows the tenant to rectify the violation or face eviction. Lastly, there is the "Unconditional Quit" notice, which is given when the tenant commits a serious offense, such as repeated damage to the property or illegal activities. This notice requires the tenant to vacate the premises immediately, without any chance to correct the issue. It's important for both landlords and tenants in New York to understand these different types of eviction notices and the specific laws governing eviction in the state.


What is the Eviction Process in New York?

The eviction process in New York is the legal process of removing a tenant from a rental property. It starts with the landlord serving the tenant with a written notice, which informs them of the reason for eviction and gives them a specific period of time to resolve the issue. If the tenant fails to comply, the landlord can file a petition with the local housing court. Both the landlord and the tenant will attend a hearing, and if the judge rules in favor of the landlord, a warrant of eviction may be issued. The tenant will be given a notice of eviction, which states the date by which they must vacate the property. If the tenant refuses to leave, the landlord can request a city marshal to carry out the eviction, removing the tenant and their belongings from the property. It's important for both landlords and tenants to understand the eviction process in order to protect their rights and fulfill their obligations.


Related Court Forms

Related Court Forms in New York are documents that are used to initiate, respond, or request actions from the court in legal matters. These forms assist individuals and legal professionals in filing lawsuits, responding to lawsuits, and addressing various legal issues. They play a crucial role in providing accurate information and ensuring that the court process runs smoothly. Some common related court forms in New York include summonses, complaints, answers, motions, and affidavits. These forms are important tools in navigating the legal system in New York and are designed to facilitate the efficient handling of legal matters.


Eviction Information for New York Landlords and Tenants

Eviction in New York can be a challenging process for both landlords and tenants. If a tenant fails to pay rent or violates their lease agreement, landlords must follow specific legal procedures to initiate eviction. The landlord must provide a written notice, such as a pay or quit notice, to the tenant, allowing them a chance to rectify the issue. If the tenant does not comply, the landlord can file a lawsuit known as an eviction proceeding. Tenants also have rights and protections under New York law. For example, landlords cannot evict tenants without a court order, and tenants have the right to receive proper notice and appear in court to defend themselves. It's important for both parties to be informed about their rights and responsibilities to ensure a fair and just eviction process.