Notice Discovery Template With Calculator In Bronx
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FAQ
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.
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.
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.
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.
An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision. The OSC tells the court and the other side what the movant wants the Judge to do.
The deadline to file a Motion for Reconsideration will be a certain period of time after the judge has issued the order that you would like to have reconsidered or after you are served with the order, often between 14 and 30 days. You may want to speak with a lawyer in your state about the time line to file a motion.
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 Summary Judgment Standard The court will deny summary judgment if any party shows “facts sufficient to require a trial on any issue of fact” unless the case qualifies for immediate trial. Motions for summary judgment in New York state court follow a burden-shifting approach.