New York How to Answer Motion is a legal document used in the state of New York. It is used by defendants when they are served with a summons and complaint. The motion includes a statement of the reasons why the defendant believes they should not have to answer the complaint, and is signed by the defendant's attorney. There are three main types of New York How to Answer Motion: a motion to dismiss, a motion to stay, and a motion to transfer venue. A motion to dismiss is used when the defendant believes the complaint fails to state a claim upon which relief can be granted. A motion to stay is used when the defendant believes the court does not have jurisdiction. A motion to transfer venue is used when the defendant believes the court is not the appropriate forum to handle the dispute.
New York How to Answer Motion
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How to fill out New York How To Answer Motion?
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FAQ
An answer to a motion in a civil action is made up of a set of documents, including: ? Answer Brief to Motion; ? Affidavit in Support of Answer Brief; ? Other Supporting Documents; and ? Notice of Hearing on Motion (if the opposing party requests a hearing).
A Response will address the Motion and provide the party's position on the points raised in the Motion. This can include a rebuttal to issues of fact or law raised in the Motion. A Reply will address the points raised in the Response and provide the party's position on the points raised in the Response.
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.
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.
An answer to a motion in a civil action is made up of a set of documents, including: Answer Brief to Motion; ? Affidavit in Support of Answer Brief; ? Other Supporting Documents; and ? Notice of Hearing on Motion (if the opposing party requests a hearing).
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.
You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.
A timely motion to dismiss pursuant to CPLR §3211(a) extends the Defendant's time to serve the answer until 10 days after an order issued by the court has been entered and notice of entry has been provided. Entry means that the court's order on the motion has been signed and filed with the County Clerk.