Letter Concerning Hearing Without Consent In Bronx
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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.
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.
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.
Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.
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.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
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.
When drafting a show cause letter, it is essential to include the following key elements: Clear and Concise Introduction. Detailed Description of the Concern. Reference to Relevant Policies or Procedures. Employee's Right to Respond. Consequences of Non-Compliance. Contact Information and Signature.
