[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, Zip Code] Plaintiff: [Your Name] Defendant: [Defendant's Name] Case Number: [Case Number] Re: Motion to Continue This Action as a Pending Case Dear [Judge's Name], I hope this letter finds you in good health. I am writing as the plaintiff in the above-mentioned case to request the Court's approval to continue this action as a pending case. This motion is made in accordance with the New York State Civil Practice Law and Rules (CPR) [specific section or rule, if applicable]. I. Introduction and Background: [Provide a brief summary of the case, including the nature of the dispute and parties involved. Mention any relevant facts or legal issues that require continuation of the case.] II. Basis for Continuation: A. Pending Settlement Negotiations: [Demonstrate that both parties have engaged in ongoing settlement negotiations and have made progress towards resolving the dispute. Discuss any settlement offers made, negotiations conducted, or future mediation sessions planned.] B. Unresolved Legal Issues: [Explain any unresolved legal matters or pending motions that remain outstanding, which necessitate the continuation of this case. This could include pending discovery requests, unresolved evidentiary issues, or unresolved legal questions that require court involvement.] C. Availability of Witnesses: [Emphasize the importance of preserving witness testimony by highlighting the necessity for their presence or testimony at trial. Discuss any potential witnesses who may become unavailable or inaccessible if the case is not continued as a pending matter.] D. Interest of Justice: [Demonstrate how the continuation of this case as a pending matter would serve the interest of justice, fairness, and efficiency of the judicial system. Explain any potential harm or prejudice that may occur if the case is unnecessarily dismissed or delayed.] III. Conclusion: Based on the foregoing, I kindly request the Court's approval to continue this action as a pending case. I firmly believe that the reasons stated above establish a strong basis for the continuation of this matter. I also request that the Court schedule a hearing to address this motion at the earliest convenience, allowing the parties an opportunity to present their arguments and any additional information necessary for the court's consideration. Thank you for your attention to this matter. Yours sincerely, [Your Name]
New York Sample Letter for Plaintiff's Motion to Continue This Action as a Pending Case
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How to fill out New York Sample Letter For Plaintiff's Motion To Continue This Action As A Pending Case?
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FAQ
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.
Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.
A request for continuance in a legal setting is a request that court proceedings be postponed until a later date. Writing this request involves explaining your reasoning for needing a continuance as well as details about the continuance request.
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.
As per CPLR 3212(b), a motion for summary judgment must be supported by an affidavit. This affidavit should be from someone with knowledge of the facts, recite all material facts, and demonstrate the absence of a defense or the lack of merit in a cause of action or defense.
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.
All discovery, pending hearings, and motions in the action shall be stayed upon the filing of a motion made pursuant to this section. The stay shall remain in effect until notice of entry of the order ruling on the motion.
Local Rule 56.1(d) provides as follows: ?Each statement of material fact by a movant or opponent must be fol- lowed by citation to evidence which would be admissi- ble, set forth as required by Federal Rule of Civil Proce- dure 56(e).?
