Affidavit Of Regularity With Undertaking

State:
New York
Control #:
NY-UD-5
Format:
PDF
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Description

The Affidavit of Regularity with Undertaking is a legal document commonly used in matrimonial actions within the Supreme Court of the State of New York. It serves as a sworn statement affirming that the summons and any associated documents were properly served to the defendant, who may appear on their own or through legal representation. This affidavit ensures that the court can consider the case even if the defendant has not formally responded, supporting the request to place the action on the undefended matrimonial calendar for trial. Key features of the form include sections to indicate the type of service, the defendant's response, and a declaration of truth under penalty of perjury. Proper completion requires clear identification of the parties involved and the documentation of service details. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form to streamline proceedings in matrimonial cases, ensuring compliance with legal protocols. Filling out the form accurately supports the court's efficiency, especially in situations where a timely response is not received from the defendant.

How to fill out New York Affidavit Of Regularity (form UD-5)?

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FAQ

A Proposed Order to Show Cause (OSC) is a request for a court order that can only be made after a lawsuit has been started. The party (plaintiff or defendant) presenting the Proposed Order to Show Cause is known as the movant. - There is a $45 fee to file a Proposed OSC with the court.

This affirmation of regularity can be used by the plaintiff in an action for the foreclosure of real property in New York to request that the court appoint a referee to compute the amount due in the action.

In an uncontested divorce, the Note of Issue informs the court that either through default or settlement the matter can now proceed to divorce through documents submitted to the court without the necessity of a trial before the court.

Affirmation (Affidavit) of Regularity (UD-5 or A-8) This form tells the court that the defendant received the initial divorce papers and how they responded. If you do not have an attorney, you will need to get it notarized.

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Affidavit Of Regularity With Undertaking