Affidavit Motion Amend Without Notice In Nassau
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FAQ
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.
Because answering an easy question may raise a more difficult one, a rational judge may delay resolution even if he has perfect information about the correct decision. Furthermore, because otherwise unrelated questions may raise similar follow-ups, he may optimally clump decisions together.
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.
Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
Responding papers are due two days before the motion date. If the motion is served sixteen days in advance instead of eight, then answering papers or a cross motion must be served seven days before the motion date. Any reply is due two days before the return date.
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.
Motions are often used in Small Claims Court trials, where issues arise that need to be resolved before the trial can continue. A Notice of Motion and an Affidavit in Support of Motion (in some cases simply called an Affidavit), available from the court, must be completed then filed with the Small Claims Court office.
It is difficult to provide an exact answer to this question, as the amount of time it takes for a judge to rule on a motion to dismiss can vary depending on a number of factors. Generally, it can take anywhere from a few days to a few weeks for a judge to reach a decision on a motion to dismiss.
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.
