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.
Type the Name and Address of the Judge or Court Staff On the next line below the name, include the name of the court in which the judge presides, such as "San Francisco Superior Court" or "United States Court of Appeals, Ninth Circuit." Directly under the name, include the judge's address, city, state and ZIP code.
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.
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.
Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
Your request via email and/or letter will need to include the original filing dates, new proposed filing dates, the number of previous requests (if any), and whether the other party consents to the extension. Email a copy of the letter you file to the other party (usually it's an attorney).
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.
Judges can grant or deny motions from the motion itself, from briefs in support or against the motion, or after a hearing. As long as the argument in favor of the motion provides the court with authority to grant it, then it is typically in the judge's discretion whether to do so.
How Long Will a Name Change Take? StateTime to Complete NV 60 days NY 4-6 weeks OH 4-6 weeks OK 2-8 weeks47 more rows
To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk's office in the proper county and fill out a statement of claim. To find out where the clerk's office is located in your county, click on Locations.