A New York Instructions: Notice of Motion is a document that initiates the formal process of making a motion in a court of law in the state of New York. It is usually presented to the court by an attorney or party to a legal action. The Notice of Motion must provide the court with the necessary information and facts to consider the motion, as well as the parties involved in the case. It must also include a proposed order that the court should issue if the motion is granted. Types of New York Instructions: Notice of Motion may include Motion to Dismiss, Motion for Summary Judgment, Motion for Reconsideration, Motion to Vacate or Modify a Judgment, and Motion for an Injunction.
New York Instructions: Notice of Motion
State:
New York
Control #:
NY-AD2-40
Format:
PDF
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Instructions: Notice of Motion
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FAQ
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).
Both a motion and an order to show cause are used to ask the court to do something in a case. But, a motion has strict rules about the number of days it can be served before the court date.
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.
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.