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Motion To Modify Temporary Orders Without Notice In Bronx
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State:
Multi-State
County:
Bronx
Control #:
US-000299
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Word;
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FAQ
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.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.
To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial. These matters include such issues as child endangerment or a parent violating the terms of the order. To modify temporary custody orders, you will need to include your reasoning for filing a motion to modify.
If you wish to oppose an Order to Show Cause, you may prepare an Affidavit in Opposition. If you do not submit opposition papers and/or appear in court to oppose the Order to Show Cause, the judge may decide to grant the relief requested based on the information in the Order to Show Cause.
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.
Copies of the notice of motion and supporting papers must be served on all parties at least eight days before the time at which the motion is noticed to be heard by the court. Add an additional 5 days if the motion is served by mail.
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.
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.
Where are motions returnable? Motions are returnable to 851 Grand Concourse Bronx, New York 10451 in room 217.
An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision. The OSC tells the court and the other side what the movant wants the Judge to do.
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General Forms ; GF-5d. SC-3. CRIM-5. Affirmation In Support Of Modification Of Family Court Order Of Protection Or Temporary Order Of Protection.If you or the other side want to ask the court to do something in a case, you must ask in written court papers called a Motion or an Order to Show Cause. 1. Fill out a child support modification petition. 2. File the petition with the Family Court that most recently established your order. 3. You can file a motion or petition in the court that issued the order of protection asking a Judge to change the terms of the order of protection. The motion for temporary orders does not have valid grounds in the law (in other words, the law does not permit the relief requested). 2. For any other temporary order, you must first file a motion with the Appellate Division asking for permission to appeal. Intheblanks form required for any matter originating and electronically filed in Supreme or Surrogate's Courts in Richmond County. He filed a motion for modification.