Affidavit Motion Amend Without Consent In Nassau
Description
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FAQ
An affidavit in support of a motion is always made by the moving party or the attorney for the moving party. A declaration is a statement under penalty of perjury, not sworn to before a notary. The research for a memorandum of points and authorities is sometimes done by a paralegal.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.
The decision of the court shall be rendered within sixty days after the cause or matter is finally submitted or within sixty days after a motion under rule 4403, whichever is later, unless the parties agree to extend the time.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
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. NYSCEF wants to know the court date and has a calendar button to find the court date you picked.
The Nassau County Supreme Court is a court of general jurisdiction. This means that the court may hear any claim or controversy. The Supreme Court is the only court with the authority to address matters related to the termination of a marriage, including separation, annulment and divorce.
Returnable to Assigned Judge All motions must be made returnable to the judge assigned to the case and all papers related to the motion must be filed on or before the return date.
Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at AM.
