Notice Of Motion For Discovery In New York
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(a) Notice of motion. A notice of motion shall specify the time and place of the hearing on the motion, the supporting papers upon which the motion is based, the relief demanded and the grounds therefor. Relief in the alternative or of several different types may be demanded.
Motions are filed by legal teams to initiate different phases of a case or to request the court's action. A motion of discovery, or discovery motion, is one of the first motions filed in a civil or criminal court case. It starts the exchange of evidence between both sides.
Usually, the first thing after you've looked at it is to go over it with your client, the defendant. At least theoretically, the discovery material should show you how to proceed. Sometimes the discovery is enough to convince a client and his attorney that the best choice is to work out the best possible disposition.
The rule acknowledges that victims cannot sue for damages they are unaware of, and it adjusts the legal timeline ingly. This rule, however, is not without its limits. New York law specifies certain conditions under which the discovery rule applies, and understanding these specifics is crucial.
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.
A Notice of Motion is like the invitation to the party. It tells the court and the other side what the party is for, the time, date and place, and when to RSVP. This is called the relief sought, the return date and the time for service of answering papers/CPLR 2214(b).
How Long Does it Take to Get Discovery in a Criminal Case? Generally, the prosecution must provide discovery within a set period after the defense's formal request, often ranging from a few weeks to several months.
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.
A notice of motion is simply the form a party files with the court telling the court that all of the parties to a case have been informed that a motion has been filed.
