New York Order On Motion is a legal procedure used in the state of New York to speed up the process of a court proceeding. It allows a party to a legal action to make a request of the court, such as for an extension of time, dismissal of the case or any other request that would require an immediate court ruling. In New York, an Order on Motion is typically used to request a temporary restraining order or preliminary injunction. There are two types of New York Order on Motion: ex parte and on notice. An ex parte Order on Motion is one that is made without the other party being present or aware of the motion. An on notice Order on Motion is one that is made after the other party has been given the opportunity to respond or present their argument to the court.
New York Order On Motion
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FAQ
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.
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.
CPLR 2214(b) is the law that says how much time before the court date the papers have to be given to the other side. The amount of time that the other side has to answer your papers depends on the court date you chose.
An order to show cause against a state body or officers must be served in addition to service upon the defendant or respondent state body or officers upon the attorney general by delivery to an assistant attorney general at an office of the attorney general in the county in which venue of the action is designated or if
Parties to a divorce case may make immediate requests from the court for ?Temporary Orders.? These requests are made by filing for a hearing called an ?Order to Show Cause (OSC).? An OSC is simply an appointment to see the judge, wherein the parties ask the judge to make certain orders.
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
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.
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.