A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.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 to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record.
A motion to strike a defense is akin to a motion to dismiss a cause of action for failure to state a claim. This form of motion to strike regards the sufficiency of pleading, as opposed to the merits of the case.
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.
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.
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.
Where are motions returnable? Motions are returnable to 851 Grand Concourse Bronx, New York 10451 in room 217.
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.
A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.