Subject: Sample Letter for Requesting New York Trial Date Dear [Judge's Name], I hope this letter finds you well. I am writing to request a modification of the trial date assigned in the case of [Plaintiff Name v. Defendant Name] scheduled to take place in the [Court Name] of New York. As per Rule [XYZ] of the New York Civil Practice Laws and Rules, I believe that a change in the current trial date is necessary due to the following reasons. Firstly, [provide a detailed explanation regarding the need for a new trial date]. This unexpected circumstance has made it extremely challenging for both parties and their legal representatives to adequately prepare for the trial within the given timeframe. Secondly, [provide additional relevant details if needed]. The complexities arising from this case require further investigation and examination of evidence, which cannot be accomplished in the limited time before the current trial date. Furthermore, as both parties aim for a just and fair trial, it is crucial to ensure that all necessary documents and witnesses can be brought forward and cross-examined appropriately. This would help to maintain the integrity of the legal process and uphold the principles of justice. In light of the above, I kindly request your favorable consideration to reschedule the trial date from the currently assigned date of [date] to a more suitable date for both parties. We propose the following alternative dates that would allow sufficient time for all parties involved to adequately prepare and present their case: 1. [Proposed Alternative Date 1]: This date would allow for the necessary investigation and preparation, ensuring that the trial proceeds smoothly. 2. [Proposed Alternative Date 2]: Considering the complex nature of this case, this date will grant both sides an adequate period to present their arguments thoroughly. If none of the proposed alternative dates are suitable, we kindly request the court's guidance regarding the selection of a new trial date, taking into account the availability of the court and all parties involved. We sincerely apologize for any inconvenience caused due to this request, and we assure the court that both parties are committed to ensuring a fair trial that upholds the principles of law and justice. Thank you for your attention to this matter. We kindly request a prompt response, allowing us to proceed with the necessary adjustments to our trial preparations accordingly. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
New York Sample Letter for Date of Trial
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FAQ
Notices of appearance are typically filed by counsel for defendants who have not previously responded to the complaint or otherwise appeared in the action.
A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.
If a party wishes to serve notice of entry, it must download the entered judgment or order from NYSCEF, draft a notice of entry cover page, attach the notice of entry cover page to the entered judgment or order as a single PDF/A, and then file the notice of entry on NYSCEF.
A: A party must serve a copy of an order or judgment "and written notice of its entry" (CPLR 5513[b]) to start the time limit for moving for leave to appeal from that order or judgment. The notice of entry does not need to be in any particular format.
If there is a scheduled hearing, the respondent must be served at least 24 hours before the court date.
This Notice of Entry may be used to formally notify the parties of an order or judgment in New York State Supreme Court. This Standard Document has integrated drafting notes with important explanations and drafting tips.
Notice of Entry: Pursuant to the NYSCEF Rules, the Court shall file orders electronically and a notice will go out stating the order is signed but not entered by the county clerk , once approved by the county clerk another notification will go out and such filing shall constitute entry of the order.
Notice of Entry of Judgment or Order (CIV-130) Tells the parties that a judgment has been entered in a case. Service of this notice sets the start date of important deadlines regarding the ability to set-aside or challenge the judgment.