Pleading Format In Bronx
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Any party may move for judgment with respect to a cause of action or issue upon the ground that the moving party is entitled to judgment as a matter of law, after the close of the evidence presented by an opposing party with respect to such cause of action or issue, or at any time on the basis of admissions.
Pleadings must all follow the same basic structure, beginning with a caption at the top of the page that includes the name of the court, the names of the involved parties, and the docket or case number.
(c) Motions for judgment on the pleadings. A party may file a motion for judgment on the pleadings on the basis that no answer has been filed, or that the pleadings disclose that there are no material issues of fact to be resolved and that party is entitled to judgment as a matter of law.
Summary judgment is appropriate when issues are raised in the answer but are not genuine issues requiring evidence. Judgment on the pleadings is proper when the answer fails to raise any issues by admitting or omitting to address the material allegations.
A motion for judgment on the pleadings under FRCP 12(c) is designed to dispose of cases before trial where the material facts are not in dispute and a judgment on the merits can be rendered by looking to the substance of the pleadings and any judicially noticed facts.
A motion for judgment as a matter of law asks the court to enter a judgment based on the conclusion that no reasonable jury could reach a different conclusion. The motion is made before the case is submitted to the jury but after a party has been fully heard on the issue.
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.
At any time before service of the responsive pleading is required, a party may move on one or more of the grounds set forth in subdivision (a), and no more than one such motion shall be permitted.
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.
(e) Where a party opposing a motion makes a cross-motion, the affidavits, affirmations, briefs, or memoranda submitted by that party shall be limited to 7,000 words each when prepared by use of a computer or to 20 pages each when typewritten or handwritten.
