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Jury Trial Form With Motion To Dismiss In Nassau
Category:
State:
Multi-State
County:
Nassau
Control #:
US-000287
Format:
Word;
Rich Text
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FAQ
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.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.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.
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.
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.
To oppose dismissal, you should research and draft a “motion in opposition.” Then you must file it with the court and potentially argue the motion before a judge.
To defend against a motion to dismiss for lack of personal jurisdiction, you should be prepared to show the judge that the other party has had “contact” with the state where you have filed the case, s/he was served in the state, or there is some other reason why the court has jurisdiction.
In New York, a motion to dismiss and a motion for summary judgment are two distinct legal procedures used to challenge the validity of a lawsuit, but they serve different purposes. A motion to dismiss is typically filed by a defendant at the outset of a case.
Defendants may move to dismiss on the following grounds: Lack of subject matter jurisdiction (FRCP 12(b)(1)Opens in a new window). Lack of personal jurisdiction (FRCP 12(b)(2)Opens in a new window). Improper venue (FRCP 12(b)(3)Opens in a new window).