New York General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion

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Multi-State
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US-01056BG
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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).

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.

Reargument: "While a modification hearing entails the presentation of evidence of a substantial change in circumstances, a reconsideration hearing involves consideration of the trial evidence in light of outside factors such as new law, a miscalculation or a misapplication of the law." Jaser v.

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.

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 ...

Motion to dismiss. ... Discovery motions. ... Motion to compel. ... Motion to strike. ... Motion for summary judgment. ... Motion for a directed verdict. ... Motion for nolle prosequi. ... Motion in Limine.

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.

The Three Types of Motions: Notice of Motion, Order to Show Cause, Notice of Cross Motion. CPLR 2214 authorizes a moving party to file two kinds of motions. The first is a notice of motion, and the second is an order to show cause. In addition, the non moving party can file a cross motion in response if they so choose.

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New York General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion