The New York Reply Affidavit (CIV-LT-13B) Learn More is a legal document that is typically used in New York civil court proceedings. It is a sworn statement of facts that the respondent (the person responding to the allegations) is making in reply to the allegations made by the petitioner (the plaintiff). The affidavit is used to provide the court with the respondents’ version of the facts in response to the petitioner’s claim and to assist the court in making a decision. Additionally, the affidavit is used to provide evidence to support the respondent’s claims. The types of New York Reply Affidavit (CIV-LT-13B) Learn More are generally categorized by the type of petition and the type of relief sought. For example, a Reply Affidavit in Support of a Motion to Dismiss is used when the respondent is asking the court to dismiss the petitioner’s case. Additionally, a Reply Affidavit in Support of a Motion for Summary Judgment is used when the respondent is seeking a judgment from the court without a trial.
New York Reply Affidavit (CIV-LT-13B) Learn More
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Eviction Proceedings The tenant must answer the petition in person at the Housing Court Clerk's office. The Clerk will then provide a court date to the tenant. On the court date, the tenant has an opportunity to present his or her defense to a Housing Court Judge.
You may answer in writing by using a free Civil Court form, or your own form. You may come to the clerk's office and request a Landlord/Tenant Answer In Writing And Verification form from the clerk at the counter. You will be given two duplicate copies of this form.
If you cannot go to the court date, file an affidavit of unavailability before. Write the reason you cannot be in court and attach proof. At the hearing, the judge will see the affidavit and may adjourn the case. The court will mail a notice of the new date.
A Notice of Petition and Petition initiates an action by a Petitioner and is to be served in the same manner as a Summons and Complaint. A Request for Judicial Intervention must accompany the documents. There is a return court date for Respondents by which they must answer.
(a) Notice of petition. A notice of petition shall specify the time and place of the hearing on the petition and the supporting affidavits, if any, accompanying the petition.
If you cannot go to the court date, file an affidavit of unavailability before. Write the reason you cannot be in court and attach proof. At the hearing, the judge will see the affidavit and may adjourn the case. The court will mail a notice of the new date.
You can answer the petitioner orally or in writing. If you answer orally, you tell the Judge on the court date your answer. You should do this on the first court date because some defenses are waived if not answered on the first appearance.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.