This form is a sample letter in Word format covering the subject matter of the title of the form.
Letter To Court Template For Coaches In Bronx
Category:
State:
Multi-State
County:
Bronx
Control #:
US-0015LTR
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Timing of the Motion (CPLR 3212(a)): Any party can move for summary judgment after the issue has been joined in the action. The court may set a specific date after which no such motion can be made, ensuring it's no earlier than thirty days after filing the note of issue.
At least three days prior to the time at which a summary judgment motion is noticed to be heard, or seven days prior to such time if demand is properly made pursuant to CPLR 2214(b), a party may serve upon the moving party a notice of cross-motion demanding relief, with or without supporting papers.
The “one motion rule” for motions to dismiss is based on the principle that, if the defendant is planning on moving to dismiss, since no discovery is necessary, the motion should contain all of the grounds on which the party intends to move. On the other hand, a motion for summary judgment comes after discovery.
However, the judge has 60 days to decide the motion. Some judges will mail you a copy of the decision if you provide a self-addressed stamped envelope. You may find out if a decision has been made by checking calendar information. Otherwise, you can go to the courthouse to get a copy of the decision.
If you and the other side are unable to agree about the relief being requested, the judge will make a decision on the motion. Sometimes, the judge makes a decision immediately. However, the judge has 60 days to decide the motion.
The Order to Show Cause often contains a direction to the parties that they stop some specific activity until the court hears or decides the motion. The Order to Show Cause is supported by an "Affidavit in Support," and copies of any documents that support the request and would help the judge make a decision.
The goal of civil contempt of court charges is to persuade the party subject to the charges to comply with the court order(s) . Unlike other civil penalties, however, civil contempt of court can result in jail time.
The punishment for civil contempt is remedial. It's meant to enforce future compliance to benefit a party in the case. Criminal contempt, on the other hand, is backwards looking. It's meant to punish prior conduct to maintain order and aid in the administration of justice.
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
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.
