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Motion To Modify Temporary Orders Without Oral Hearing In Bronx
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State:
Multi-State
County:
Bronx
Control #:
US-000299
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Word;
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FAQ
The decision of the court shall be rendered within sixty days after the cause or matter is finally submitted or within sixty days after a motion under rule 4403, whichever is later, unless the parties agree to extend the time.
Similar variation across courts was seen in motions to dismiss and motions for summary judgment. Across all cases, the mean time to rule on Rule 12 motions was almost 130 days, but when broken down by district the mean time varied from 63 days in the fastest court to 176 days in the slowest court.
Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
In most U.S. jurisdictions, a writ of mandamus or other similar appeal is how a party may compel a court to rule on a pending motion.
Under CPLR 2214(b), a notice of motion must be served at least eight days in advance of the motion date. Five additional days are added when service by mail is used. Responding papers are due two days before the motion date.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
Where are motions returnable? Motions are returnable to 851 Grand Concourse Bronx, New York 10451 in room 217.
For a non-hearing motion, the court will decide based only on written submissions, such as memoranda or briefs, in legalese. The court also considers supporting affidavits, documents, or other evidence submitted. For a hearing motion, the attorneys must appear before the court and argue the motion.
A motion is a written request made to the court, asking the judge to issue an order. The motion must be supported by evidence.
Is a motion the same as a hearing? No, a motion is a formal request to the court, while a hearing is the proceeding where the court considers and decides on that request.