New York Notice of Motion

State:
New York
Control #:
NY-6JD-50
Format:
PDF
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Description

Notice of Motion

A New York Notice of Motion is a document filed in New York State court proceedings that is a formal request for a court order or other relief. It is typically used to notify the court and the other parties involved in the case that a particular action is being requested. The motion must include the name of the court, the case number, the name of the party making the request, and the specific relief being requested. There are different types of New York Notice of Motion, including: — Motion for Summary Judgment: This is a motion filed by a party seeking a judgment in their favor without a full trial. — Motion to Dismiss: This is a motion filed by a party seeking to have a lawsuit dismissed without a trial. — Motion for Change of Venue: This is a motion filed by a party seeking to have a case heard in a different court. — Motion to Compel Discovery: This is a motion filed by a party seeking to compel another party to provide requested documents or testimony. — Motion for Contempt: This is a motion filed by a party seeking to have another party held in contempt of court for failure to comply with a court order.

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FAQ

A notice means the other side is dismissing their own case. A motion means they want to dismiss the other sides case.

There is a process for making a motion without giving notice. This type of motion is called an ?Order to Show Cause.? This alternative motion does not have to wait eight days and can be heard at any time the court directs. In real emergencies, the court may even hear a motion in a matter of hours.

In a motion for summary judgment one side asks the court to decide the case based on arguments made in court papers. The moving side argues that there are no facts in dispute and a judgment should be granted without a trial.

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).

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.

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

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New York Notice of Motion