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Affidavit Motion Amend Without Notice In Suffolk

State:
Multi-State
County:
Suffolk
Control #:
US-00003BG-I
Format:
Word; 
PDF; 
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Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse

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FAQ

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.

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.

C. RETURN DATE SUBMISSION PROCEDURE -- ROOM 130. Place of Return and Return Date: All motions/proceedings brought on by notice of motion or notice of petition, in both assigned and unassigned cases, shall be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day at A.M.

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.

If substituted or nail and mail service were used, the affidavit of service must be filed with the County Clerk within 20 days of the date of service.

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.

How to Fill Out an Order to Show Cause Write the county name. Write the Article for your case type. Write the name(s) of the petitioner(s). Write the name(s) of the respondent(s). Write the docket number, if it exists. Write your name. Write the date you signed the affidavit. Write the month you signed the affidavit.

Outlining the required elements of an Order to Show Cause Identify the parties involved in the legal action. Set forth the relief requested. Specify the legal basis for the requested relief. Specify the timely filing of the Order to Show Cause. Identify a date and time for the hearing.

More info

Both a motion and an order to show cause must have an Affidavit attached. This is due largely to the fact that the legislature chose not to amend any of the other 62 provisions in the CPLR that reference an "affidavit.The amendments to Rule 9A are effective as to all motions served on or after November 1, 2018 (Applicable to civil actions) A Practice Note outlining procedures to obtain a default judgment in New York State Court under. Civil Practice Law and Rules (CPLR) 3215. (e) Motions to Strike. Entered without further notice in a specified amount also. When amendment is sought be motion, "leave shall be freely given upon such terms as may be just…. Certificate Correction Form to submit to the Bureau of Vital Records. Fill out a child support modification petition. 2.

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Affidavit Motion Amend Without Notice In Suffolk