The Kings County Supreme Court Civil Term handles civil matters, including name changes, matrimonial cases, foreclosures, mental hygiene applications, and elder law cases; while the Criminal Term handles felony criminal matters.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
Motion papers must be filed with the E-file/Motion Support Office located in Room 227, Ex Parte Office located on the 10th Floor, Foreclosure Part Office located Room 295, OR in the Guardianship/Mental Hygiene Office located in Room 285 (see Note #2), at 360 Adams Street at least five (5) business days before the ...
Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.