Motion To Strike Answer In Suffolk
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File a response to the motion to strike. In your response, you should argue that your answer to the defendant's motion for summary judgment was not too long and that it added new information to the case. You should also argue that the defendant's motion to strike should be denied.
The Reply in Support of the Cross Motion. If a cross motion is filed, the party filing the cross motion is authorized to file a reply in response to the affidavit in opposition to the cross motion. It consists of an affidavit, an affirmation, and exhibits, if any.
However, if you were served with the motion at least 16 days before the hearing date, you must serve the notice of cross-motion at least 7 days prior to the hearing date. If serving by mail, you must add 3 days and serve it at least 10 days prior to the hearing date.
When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence.
What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.
First, a motion is simply a request to the court that is put into writing. A motion to strike means that we are asking the court to throw out the answer that was submitted by the defense lawyer.
The Reply in Support of the Cross Motion. If a cross motion is filed, the party filing the cross motion is authorized to file a reply in response to the affidavit in opposition to the cross motion. It consists of an affidavit, an affirmation, and exhibits, if any.
The response is sent to the plaintiff's attorney or directly to the plaintiff if the plaintiff is unrepresented. The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete.
When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence.
