A New York Notice of Motion (Civil Action-Proceeding)-Long is a document used in civil court proceedings in New York State. It is used to inform a defendant or other party of a pending motion and to inform them of when the motion will be heard. It must include the name of the court, the index number of the case, and the names of all parties involved. Furthermore, it must then include the grounds for the motion, the relief sought, and the proposed date, time, and location for the motion hearing. The two types of New York Notice of Motion (Civil Action-Proceeding)-Long are an Order to Show Cause and an Order for Discovery. An Order to Show Cause is used when a party is requesting an injunction or other temporary relief from the court. An Order for Discovery is used when a party is seeking documents or other evidence from another party.
New York Notice of Motion (Civil Action-Proceeding)-Long
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FAQ
Responding papers are due two days before the motion date. If the motion is served sixteen days in advance instead of eight, then answering papers or a cross motion must be served seven days before the motion date. Any reply is due two days before the return date.
If the court does not set a deadline, summary judgment motions must be made no later than 120 days after a party files the note of issue, unless good cause is shown to extend the deadline.
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).
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.
A notice means the other side is dismissing their own case. A motion means they want to dismiss the other sides case.
A motion is a request for relief from the court. Some typical examples include a motion for permission to file a late claim, a motion that a claim or a defense be dismissed, or a motion requiring the opposing party to disclose information relevant to the claim.
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.