This form is a sample letter in Word format covering the subject matter of the title of the form.
Motion Time Form Withdraw In New York
Category:
State:
Multi-State
Control #:
US-0033LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.
A party may move for judgment dismissing one or more causes of action asserted against him on the ground that: a defense is founded upon documentary evidence; or. the court has not jurisdiction of the subject matter of the cause of action; or. the party asserting the cause of action has not legal capacity to sue; or.
If the client whose attorney seeks to withdraw has consented to substitution of new counsel, the attorney who seeks to withdraw must file a document that bears his signature, as well as the signatures of the attorney who is to be substituted as counsel and the client who has consented to this substitution.
In New York Supreme Court actions (other than actions in the Commercial Division) discovery is generally available after the defendant interposes its answer. If the defendant serves a pre-answer motion to dismiss, however, then discovery is generally stayed until that motion is decided.
The response is sent to the plaintiff's attorney or directly to the plaintiff, if the plaintiff is appearing is self represented. The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete.
A motion to dismiss is generally filed at the outset of the case as the first responsive pleading to the plaintiff's complaint. The defendant generally waives their right to file a motion to dismiss once they file an answer to the complaint.
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.
In order to make a motion in the Court of Claims, you must prepare a set of "motion papers," serve a copy of the motion papers on the opposing party or the opposing party's attorney, and submit the original and two copies of the motion papers to the Clerk of the Court, with an Affidavit of Service (a sworn statement ...
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.
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.
