New York Notice of Motion (Civil Action-Proceeding)

State:
New York
Control #:
NY-QNS-26
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PDF
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Description

Notice of Motion

A New York Notice of Motion (Civil Action-Proceeding) is a legal document used to initiate a civil action or proceeding in New York. It is a written request to the court to take some kind of action. The Notice of Motion must include the names of the parties involved, the relief sought, the grounds upon which the motion is based, and the date and time of the motion hearing. There are two types of New York Notice of Motion (Civil Action-Proceeding): Order to Show Cause and Notice of Motion. An Order to Show Cause is a document that requires a party to appear in court and explain why the requested relief should not be granted. A Notice of Motion is a document requesting the court to take some action, such as granting a temporary restraining order or granting summary judgment.

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FAQ

22 CRR-NY 202.8-CRR (1) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each; (2) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.

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 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).

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.

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

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).

(2) Motion Service Requirements under CPLR 2214(b) Under CPLR 2214(b), a notice of motion must be served at least eight days in advance of the motion date. Five additional days are added when service by mail is used. Responding papers are due two days before the motion date.

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New York Notice of Motion (Civil Action-Proceeding)