New York Affidavit in Support of Motion to Discharge Writ of Garnishment
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How to fill out Affidavit In Support Of Motion To Discharge Writ Of Garnishment?
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FAQ
For example, in New York State Courts, a judge is required to rule on a motion within 60 days after it is ?finally submitted.? This salutary rule allows the parties to predict when a ruling will be issued (smirk) and it enables a party that complains to the Administrative Judge to also predict what the ruling will be.
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.
Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.
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.
An OSC is a court order that must be signed by a Judge before it is served upon the opposing party. - Request an OSC only if your request requires immediate action or you seek a stay. - You may ask for a Temporary Restraining Order (TRO) to stay (stop) an action being taken by a party.
To oppose a motion, you must prepare an affidavit or affirmation. You will title your submission as appropriate, for example: plaintiff s opposition to defendant's motion to dismiss or for summary judgment. A form is attached to these instructions. DO NOT USE THIS FORM AS YOUR AFFIDAVIT OR AFFIRMATION.
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.
Briefing Schedule The moving party can elect one of two briefing schedules: "16-7-1" or "8-2". Under the "16-7-1" briefing schedule, the moving party must serve the notice of motion and motion papers at least 16 days before the return date of the motion.