New York Affidavit in Opposition (CIV-LT-13A) is a document used in New York Civil Court proceedings to oppose a motion by the opposing party. This form is used to file a legal response to the opposing party's motion. It is typically accompanied by a Notice of Cross Motion (CIV-LT-13B) and/or a Memorandum of Law (CIV-LT-13C). The Affidavit in Opposition should include a statement of facts, legal arguments, and supporting documentation. There are two types of New York Affidavits in Opposition: one for Summary Judgment (CIV-LT-13A-SUMJ) and one for Uncontested Motions (CIV-LT-13A-UNC).
New York Affidavit in Opposition (CIV-LT-13A)
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Affidavit in Opposition (CIV-LT-13A)
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FAQ
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.
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.
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 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.
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.
(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.
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.