Get NY How to Respond to a Complaint/Motion for Dismissal

(A) Time to file. Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.

Each court has different rules about how long you have to respond to this motion, but usually you will have at least two or three weeks to file an opposition to the defendant's motion to dismiss.

The party filing the motion sets the hearing date when the motion is filed with the clerk of the court. "Reasonable" time is usually 10-21 days, depending on the court's calendar, schedule, and your local court rules.

When a judge denies a defendant's motion to dismiss, the case will continue because defendant did not convince the judge to terminate the case. ... When students read a U.S. court decision where a judge denies a motion to dismiss, it may appear that the judge is ruling that the plaintiff won her case.

To survive a motion to dismiss, a complaint must be plausible on its face. A complaint contains facial plausibility if the allegations allow the court to draw a reasonable inference that the defendant is liable for the alleged misconduct.

A motion to dismiss is usually filed at the very begin of the legal process, right after the plaintiff has filed a complaint. ... If the defendant chooses to file an answer, they usually forfeit their right to file a motion to dismiss.

Every case submitted to a judge of a superior court for his or her decision shall be decided by him or her within ninety days from the submission thereof: PROVIDED, That if within said period of ninety days a rehearing shall have been ordered, then the period within which he or she is to decide shall commence at the ...

It truly depends upon the judge and how long it will take him or her to make a decision. Usually it takes approximately 30-45 days for a decision. It should not be much longer to obtain the judge's decision...

How long the judge takes to decided is up to the judge, but usually the ruling will be given in a week or two. On very complex cases, judges may take months to issue a ruling on a motion, but in California state courts this is rare.

When a judge takes a matter under advisement or under submission, it means they will think about it, possibly do additional research and render a ruling or decision later.

When you file any motion in court, you must set it for hearing in order for the judge to consider it. If the hearing does not go your way, you MAY then have a basis for an appeal or a motion for reconsideration. You may want to consult with an attorney to thoroughly discuss why this judge is "ignoring" your motions.

The cross-motion must be served on all parties at least three days before the motion date, and should be filed with the court as soon as possible to make sure that it is put on the court's calendar.

Some states have a 90 day rule but there is really no set time for a judge to make a decision. If he needs more time it usually means that the case is a very close call and the last thing you want to do is to try to hurry the judge up and anger him. Sometimes judges can take a year or more to render a ruling.

Once a judge receives a motion, he or she can grant or deny the motion based on its contents. In the alternative, the judge can also schedule a hearing. At a motion hearing, each party can argue its position and the judge can ask specific questions about the fact or law.

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