Filing A Motion For Temporary Orders In Nassau
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In order to make a motion in the Court of Claims, you must prepare a set of "motion papers," serve a copy of the motion papers on the opposing party or the opposing party's attorney, and submit the original and two copies of the motion papers to the Clerk of the Court, with an Affidavit of Service (a sworn statement ...
Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
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.
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.
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.
You must fill out the Order to Show Cause along with an Affidavit in Support. If there is not already a pending or active case in court, you most likely will have to include a separate petition to start a case.
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.
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.
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.
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.
