Motion For Declaratory Judgment Sample In Suffolk
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The Civil Court has monetary jurisdiction up to $50,000.00, including replevin when the value of the chattel does not exceed that amount.
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
A motion for summary judgment must be supported by affidavit, a copy of the pleadings, and any other available proof, such as depositions and written admissions.
You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.
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.
As the person who filed the Motion for Contempt, you will have to prove: that there is a valid court order; that the other party violated or disobeyed the order (Be prepared to say exactly how you think the order was disobeyed. that the other parent violated (or disobeyed) the court order on purpose.
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
If you are convicted of any degree of this crime, your outlook is bleak in terms of sentencing. Second Degree is an “A” misdemeanor while a First Degree conviction is an “E” felony. These crimes are punishable with sentences up to one year in jail and four years in state prison respectively.
Once the summary judgement is granted, the case ends there, and neither party will have to deal with the stresses of a full trial. At times, the winning party can ask for an award of costs or attorney fees from the other party unless those terms were already established in the summary judgment.
