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.
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 ...
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 to dismiss” is typically filed in response to a complaint and is made in lieu of filing an “answer.” Technically, a plaintiff can move to “strike” a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.
File a response to the motion to strike. In your response, you should argue that your answer to the defendant's motion for summary judgment was not too long and that it added new information to the case. You should also argue that the defendant's motion to strike should be denied.
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.
First, a motion is simply a request to the court that is put into writing. A motion to strike means that we are asking the court to throw out the answer that was submitted by the defense lawyer.