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Put the Calendar No. assigned by the Court, if there is one. G Index No. - put the Index No. assigned by the County Clerk. G Court - put the name of the court where you filed your court action/proceeding. G County - put the name of the county where you filed your court action. G Name of Justice Assigned - put the name of your Judge G Plaintiff/Petitioner- Put your name and the names of any other individuals, business and/or company bringing the action. G Defendant/Respondent- Put the name of th.

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How to fill out the Cplr 3404 online

Filling out the Cplr 3404 form online can be a straightforward process with the right guidance. This step-by-step guide is designed to help you navigate through the form with clarity and ease.

Follow the steps to complete your Cplr 3404 form online.

  1. Click ‘Get Form’ button to obtain the form and open it in the editor.
  2. Fill in the Calendar Number if assigned by the Court. This information helps to uniquely identify your case.
  3. Enter the Index Number assigned by the County Clerk, which also serves to track your case.
  4. Specify the name of the court where you have filed your court action. It's crucial for accuracy.
  5. Indicate the county where your court action is filed to provide jurisdictional clarity.
  6. Enter the name of the Justice assigned to your case, which can often be found in your initial filing documents.
  7. List the names of the plaintiffs or petitioners, including yourself and any other individuals or entities bringing the action.
  8. Identify the defendants or respondents by entering their names, who are the individuals or entities against whom you are bringing the action.
  9. If you are requesting a trial by jury, specify whether it is for all issues or specific ones. If specific, denote those in the provided space.
  10. Indicate whether you are the plaintiff/petitioner or the defendant/respondent to clarify your role in the case.
  11. Record the date when the summons was served on the defendant or respondent, which is important for timeframes.
  12. Note the date service is considered complete, typically 10 days after the filing of the proof of service.
  13. Fill in the date the issue was joined, which is when the defendant filed their answer or response.
  14. Select the nature of the action or proceeding by marking the box that best describes your case.
  15. Enter the amount you are demanding from the other party, which is a critical part of your claim.
  16. Specify any other relief you are seeking aside from the amount demanded.
  17. Indicate any special preference for your case as outlined in CPLR 3403(a), if applicable.
  18. Provide contact information for your attorney or indicate if you are representing yourself (pro se).
  19. Include contact information for the defendant’s attorney or the defendant, if applicable.
  20. Check the items necessary for trial under the Certificate of Readiness section, confirming that all are completed or waived.
  21. Complete the Affidavit of Service by indicating how you served the papers and have it sworn before a notary public.
  22. If applicable, obtain the Admission of Service signature from the other side or their attorney.
  23. Once all sections are filled out, review your form for accuracy. You may then save changes, download, print, or share the document.

Start filling out your Cplr 3404 form online today to streamline your legal processes!

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At any time, the court on its own motion may strike a note of issue if it appears that a material fact in the certificate of readiness is incorrect, or that the certificate of readiness fails to comply with the requirements of this section in some material respect.

In the State of New York, Civil Practice Law and Rule (CPLR) § 3217(a) provides a specific time within which a plaintiff can unilaterally discontinue an action—either the expiration of 20 days after service of the complaint or 20 days from the moment the defendant serves an answer, whichever is soonest.

Although more commonly utilized by a defendant to seek dismissal of some or all of plaintiff's claims, a motion to dismiss may be filed by any party against whom a claim or defense has been asserted.

A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.

NY CPLR RULE RULE 3405. A judgment may be entered upon the arbitration award. The rules shall further provide for the recruitment and qualifications of the arbitrators and for their compensation; except that such rules may authorize use of judicial hearing officers as arbitrators.

CPLR 2214(b) is the law that says how much time before the court date the papers have to be given to the other side. The amount of time that the other side has to answer your papers depends on the court date you chose.

Motions to Dismiss Instead of answering, a defendant or respondent can ask the court to dismiss all or part of the case by making a motion to dismiss. The defendant or respondent should ask the court to let him or her make a late Answer if the motion is denied.

An order to show cause against a state body or officers must be served in addition to service upon the defendant or respondent state body or officers upon the attorney general by delivery to an assistant attorney general at an office of the attorney general in the county in which venue of the action is designated or if ...

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