Notice Of Motion For Discovery In Kings
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A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.
GENERAL INFORMATION REGARDING CENTRAL COMPLIANCE PART (CCP) Courtroom Phone #: 347-296-1626. Conferences and motions begin at a.m. CCP is the Central Compliance Part in Kings County.
Kings County is the busiest civil term in New York State and we are committed to making it the most user-friendly as well. That commitment is reflected by our courteous and dedicated staff and this user-friendly website.
If discovery is not complete, then ostensibly the court cannot make summary judgments on issues that have not yet been fully explored. However, there is no rule that prevents a party from moving for summary judgment before discovery is complete.
Typically, courts prefer motions for summary judgment to be made at the close of discovery within a certain amount of time after the filing of the note of issue and certificate of readiness for trial.
This is sometimes called the “return date,” or the date the motion is “returnable.” The party making the motion (moving party) chooses the date the motion will be heard by the court. When you choose the date, you must pick a date that gives the other side at least 8 days of notice.
Rule 2214. Motion papers; service; time (b) Time for service of notice and affidavits. A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard. Answering affidavits shall be served at least two days before such time.
The deadline for filing an appeal does not start to run unless you are served with a copy of the Order or Judgment with Notice of Entry. If that happens, you only have 30 days to file your Notice of Appeal, 35 days if you are served by mail! See CPLR 5513.
Motions to reargue a cause or motion, or to resettle or amend a decision and order, shall be made within 30 days after service of a copy of the decision and order determining the cause or motion, with notice of its entry, except that for good cause shown, the court may consider any such motion when made at a later date ...
