New York Response To Notice of Motion is a legal document used in New York State court proceedings. It is filed by a party in response to a Notice of Motion, which is a document filed by another party, which outlines their request for a specific order or ruling from the court. The Response To Notice of Motion is the responding party's response to the Notice of Motion, and outlines their arguments for or against the requested order or ruling. There are several types of Responses To Notices of Motion available in New York State, including Motion to Dismiss, Motion to Strike, Motion for Summary Judgment, Motion to Compel Discovery, and Motion to Vacate.
New York Response To Notice of Motion
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New York
Control #:
NY-BKR-135E
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PDF
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Response To Notice of Motion
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Write the facts relevant to the motion. At the end of each sentence, write where evidence of that fact can be found. See the Instructions for more detailed information. Explain your response to each of the arguments made in the Motion.
An answer to a motion in a civil action is made up of a set of documents, including: ? Answer Brief to Motion; ? Affidavit in Support of Answer Brief; ? Other Supporting Documents; and ? Notice of Hearing on Motion (if the opposing party requests a hearing).
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.
A Response will address the Motion and provide the party's position on the points raised in the Motion. This can include a rebuttal to issues of fact or law raised in the Motion. A Reply will address the points raised in the Response and provide the party's position on the points raised in the Response.
If one party to a case has filed a motion with the court, the other side can file an ?opposition.? An ?opposition? is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion.
An answer to a motion in a civil action is made up of a set of documents, including: Answer Brief to Motion; ? Affidavit in Support of Answer Brief; ? Other Supporting Documents; and ? Notice of Hearing on Motion (if the opposing party requests a hearing).
If a motion is filed against you and you do not file a written opposition with the court, the judge could grant the other side's motion automatically. That means the other side could get whatever she is asking for in the motion. It also might mean you lose the case, depending on the motion that was filed.
While the synonyms rejoinder and response are close in meaning, rejoinder can be a response to a reply or to an objection.