New York Motions and Preliminary Conferences are legal proceedings held in New York State Courts. These conferences are held prior to a trial to resolve issues, such as discovery disputes or to talk about a settlement. The goal of a motion is to get a court order that will help a party to a case achieve their goals. Preliminary conferences are held to discuss a case in a less formal setting, and can include settlement discussions or other matters. The types of New York Motions and Preliminary Conferences include summary judgment motions, discovery motions, motion to dismiss, motion to compel, motion for summary judgment, motion for a protective order, motion to amend, and motion for sanctions.
New York Motions & Preliminary Conferences
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Motions & Preliminary Conferences
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FAQ
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
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.
We can define motion as the change of position of an object with respect to time. A book falling off a table, water flowing from the tap, rattling windows, etc., all exhibit motion. Even the air that we breathe exhibits motion!
The return date and time of the proposed order must be at A.M. no sooner than either five days from personal service of the proposed order or ten days from service by mail. Proof of timely service on the other parties must accompany the proposed order in a hard copy case.
A notice means the other side is dismissing their own case. A motion means they want to dismiss the other sides case.
Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
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).