Motion Of Temporary Orders In Kings
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FAQ
Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
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.
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.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
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.
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 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.
Motions to reargue an appeal or to resettle an order or to amend a decision shall be made within 30 days after the decision on the appeal, except that for good cause shown, the court may consider any such motion when made at a later date.
