What is a special proceeding in New York?

A special proceeding can only be used where it is specifically authorized by a statute. There are a number of these, but generally, they relate to challenging the action or determination of a governmental officer or agency. See, Civil Practice Law and Rules (CPLR for short) Article 78.

What is a special proceeding?

a type of procedure in a court of original jurisdiction. Special proceedings are used in hearing cases in which, unlike suits and cases arising from administrative law relationships, there is no dispute as to a legal right.

What is Cplr in New York?

The New York Civil Practice Law and Rules (CPLR) is chapter 8 of the Consolidated Laws of New York and governs legal procedure in the Unified Court System such as jurisdiction, venue, and pleadings, as well certain areas of substantive law such as the statute of limitations and joint and several liability The CPLR has ...

What does Cplr stand for New York?

CPLR. The abbreviation "CPLR" means the New York State Civil Practice Law and Rules. Decision. The term "decision" means the report that concludes the review by the tribunal commissioners of an administrative law judge's determination.

CPLR 3212(c): Rule Now Authorizes Immediate Trial on Motion for Summary Judgment Where the Motion Is Based on Any of the Grounds.

How many days do you have to answer a complaint in NY?

The answer is thereafter due 20 days from receipt of the complaint (CPLR 3012). When litigation is commenced by either the filing of a summons and complaint or a summons and endorsed complaint, an answer is then to be served.

How is civil action commenced?

Commencement of action is the formal procedure by which legal proceedings are initiated. Commencement of civil lawsuits begins when the plaintiff files the complaint with the court. Criminal proceedings are typically commenced by a government prosecutor.

How is a civil case commenced?

A civil suit is commenced by filing a complaint with the court. ... The summons must state name of the court and parties, name and address of the plaintiff's attorney or plaintiff, the time within which the defendant must appear and defend. The summons must be signed by the clerk and bear the court's seal.

What does civil action mean?

A civil action is an action that is brought to enforce, redress or protect a private or civil right. It is a non criminal litigation. If the action is brought by a private person it is termed as private action. If it brought by the government it is termed as public action.

What are the 6 steps in a civil case?

The main steps in a civil case in the district courts are pleadings, motions, scheduling conference and order, discovery, pretrial conference and order, trial, and appeal. A plaintiff commences a civil case by filing a complaint with the court.

How does a civil suit work?

In a civil lawsuit, an individual or corporation called the plaintiff brings another party, referred to as the defendant, to court. The plaintiff asks a judge to order the defendant either to pay money or perform a specific action. A civil suit may involve family law matters, a contract dispute or a tort.

What is the return date of a motion?

1. The date the motion will be heard by the court. This is sometimes called the u201creturn date, u201d or the date the motion is u201creturnable. u201d The party making the motion (moving party) chooses the date the motion will be heard by the court.

What does it mean for a motion to be returnable?

The party making the motion is called the movant. The Notice of Motion tells the other side the date the motion will be heard by the court. This is sometimes called the return date, or the date the motion is returnable.

What does it mean when a motion is returnable?

The party making the motion is called the movant. The Notice of Motion tells the other side the date the motion will be heard by the court. This is sometimes called the return date, or the date the motion is returnable.

How long do you have to file a response to a motion?

(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.

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Q: What does Cplr stand for New York?

CPLR. The abbreviation &quot;CPLR&quot; means the New York State Civil Practice Law and Rules. Decision. The term &quot;decision&quot; means the report that concludes the review by the tribunal commissioners of an administrative law judge&#039;s determination.

Ing Note: All persons involved in a lawsuit should consult an attorney. This office gives you information, forms and instructions on court procedures. As an office of this court, we cannot give legal advice or act as your advocate. A special proceeding is a variety of lawsuit. It is bought on with the simplicity and speed of a motion. The special proceeding may be used only when authorized by law. One kind of special proceeding is the Article 78 proceeding, which seeks to challenge actions of.

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