Submit Submission Difference In Bronx
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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.
Where are motions returnable? Motions are returnable to 851 Grand Concourse Bronx, New York 10451 in room 217.
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.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.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.
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.
In New York, you must serve the other side and the court with a copy of your motion paperwork eight days (or 13 days if served by mail). In the court's copy of your motion papers, you must include an "affidavit of service," a document where you (or your lawyer) swear that you served the other side with the documents.
Things You Should Know Write your legal argument by stating the rule and explaining how your facts apply to it. Then, add your signature, a Certificate of Service, and a Notice of Hearing. File your motion with the clerk of court overseeing your case. Then, give copies to each defendant.
The moving party must submit with the notice of motion an affidavit, a written statement made under oath and sworn to before a notary public, or other proof that explains the nature of the motion and the reasons therefor and which has attached copies of all papers necessary to understand the motion.