The New York Notice of Motion (CIV-GP-124) is a legal form used to initiate a motion in court proceedings in the state of New York. The notice informs the court and all parties in the case of the filing of a motion, including the grounds for the motion and the relief sought. It also serves to set a date for the hearing on the motion and the date by which the other parties must respond. There are three types of New York Notice of Motion (CIV-GP-124): motion for summary judgment, motion to dismiss, and motion to change venue. The notice must be signed by the attorney or party filing the motion, and filed with the court clerk.
New York Notice of Motion (CIV-GP-124)
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Notice of Motion (CIV-GP-124)
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FAQ
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).
If the court grants these motions to dismiss, the case is over, but the plaintiff can correct the problem and start the case again. This is called a dismissal without prejudice. Other motions to dismiss ask for dismissal with prejudice. This means that the case can't be started again.
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 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.
The 16-7-1 rule. Provided that the notice of motion demands it, the opposing party then must serve its answering papers at least seven days before the return date. The moving party must serve its reply papers at least one day before the return date.
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.