A New York Motion for Permission to Proceed Ex Parte on Applications for Funds is a legal proceeding that allows a party to request permission from the court to proceed with an application for funds without notifying the opposing party. This type of motion is typically associated with matters relating to financial matters, such as requests for funds held in escrow or joint accounts. In New York, there are different types of Motions for Permission to Proceed Ex Parte on Applications for Funds, including: 1. Motion for Permission to Proceed Ex Parte on Applications for Funds in Probate Matters: This motion is filed in probate cases to request permission from the court to access and use funds that are part of an estate. It may be initiated by an executor or administrator seeking to cover expenses related to the administration of the estate. 2. Motion for Permission to Proceed Ex Parte on Applications for Funds in Divorce Cases: In divorce proceedings, this motion may be filed by one spouse to request access to funds held jointly or by the other spouse. It allows the requesting party to seek immediate access to necessary funds for legal fees, support, or other expenses during the separation or divorce process. 3. Motion for Permission to Proceed Ex Parte on Applications for Funds in Civil Litigation: This type of motion is often employed in civil lawsuits where one party seeks access to funds that are in dispute. It allows the requesting party to demonstrate to the court that immediate access to the funds is necessary for the fair pursuit of the case, such as for payment of legal fees or covering other litigation expenses. 4. Motion for Permission to Proceed Ex Parte on Applications for Funds in Trust Matters: This motion is filed when a trustee seeks permission to access trust funds without notifying the beneficiaries. It is typically utilized when there is an urgent need for funds that can't wait for the regular notice period required by law. In summary, a New York Motion for Permission to Proceed Ex Parte on Applications for Funds authorizes a party to seek court approval to access funds without giving prior notice to the opposing party. Different types of such motions are often utilized in probate, divorce, civil litigation, and trust matters. These motions enable parties to promptly obtain essential funds required for various legal purposes, ensuring the fair progression of their respective cases.
New York Motion for Permission to Proceed Ex Parte on Applications for Funds
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Rule 202.70. 11-a - Interrogatories (a) Interrogatories are limited to 25 in number, including subparts, unless another limit is specified in the preliminary conference order.
An Ex Parte Application is used for one party to ask the Court for an order without providing the other party(ies) the usual amount of notice or opportunity to write an opposition.
A sample certification of word count that counsel practicing in the New York Supreme Court or New York County Court must attach to affidavits, affirmations, and memoranda of law, which are generally limited to 7,000 words for documents in chief and 4,200 words for reply documents.
Specifically, pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice.
Section 202.8-a - Motion in General (a) Form of Motion Papers. The movant shall specify in the notice of motion, order to show cause, and in a concluding section of a memorandum of law, the exact relief sought.
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.
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.