This form is a generic motion requesting additional time to respond to a motion for summary judgment.
Title: New York Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion: Explained in Detail Introduction: In legal proceedings, a New York Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion is commonly filed to seek an extension of time to fully respond to a Motion for Summary Judgment. This request is crucial as it allows the responding party to gather further evidence or conduct additional research, ensuring a fair and just decision. This article provides a comprehensive overview of this motion, addressing its purpose, typical scenarios, and potential types. 1. The Purpose of the Motion: The New York Motion Requesting Additional Time to Respond to Motion for Summary Judgment is primarily filed to request an extension for the due date of filing a response to a Motion for Summary Judgment. This additional time is typically sought to adequately prepare a thorough and well-supported response, allowing the responding party to present all relevant facts, evidence, and legal arguments. 2. Scenarios in Which the Motion is Filed: This motion may be filed for various reasons, such as: a) Complex Cases: When a legal matter is highly intricate and involves a multitude of facts or complicated legal issues, requesting additional time becomes essential to ensure a complete and well-formulated response. b) Newly Discovered Evidence: The discovery of new evidence, whether it changes the course of the case or reinforces a party's position, may warrant a request for additional time to incorporate this evidence into the response to the Motion for Summary Judgment. c) Legal Research: In cases where novel or complex legal questions arise, requesting additional time can allow ample opportunity for in-depth research and the presentation of persuasive legal arguments in response to the motion. 3. Types of New York Motion Requesting Additional Time to Respond to Motion for Summary Judgment: a) Ex Parte Motion: An ex parte motion is filed when the responding party urgently needs additional time, even before the original scheduled deadline. This motion is usually accompanied by a declaration outlining the reasons for the emergency request. b) Stipulated Motion: A stipulated motion occurs when both parties involved in the case mutually agree to extend the deadline to respond to the Motion for Summary Judgment. The motion includes a joint agreement signed by all involved parties, acknowledging and requesting an extension. c) Standard Motion: Filed in situations where one party seeks additional time without the mutual agreement or consent of the opposing party. The motion lays out proper legal grounds supporting the request and is typically accompanied by an affidavit outlining the reasons necessitating the extension. Conclusion: The New York Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion is an essential tool within the legal framework, enabling parties to garner a fair opportunity to present their case adequately. Understanding the purpose, scenarios, and potential types of this motion helps legal professionals navigate the complexities of the New York judicial system efficiently.
