New York Sample Letter for Joint Motion of Entry of Second Amended Scheduling Order
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How to fill out Sample Letter For Joint Motion Of Entry Of Second Amended Scheduling Order?
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FAQ
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.
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.
These are minimum times, and are almost always expanded by the Court. Under CPLR 2214(b), a notice of motion must be served at least eight days in advance of the motion date. Five additional days are added when service by mail is used. Responding papers are due two days before the motion date.
CPLR 3212(b) provides for summary judgment in toto if, ?upon all the papers and proof submitted, the cause of action or defense shall be established sufficiently to warrant the court as a matter of law in directing judgment in favor of any party.? CPLR 3212(e) provides for partial summary judgment, or ?summary judgment ...
Rule 56.1 requires movants for summary judgment to submit, with the motion, a ?separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.? E.D.N.Y. Civ. R. 56.1(a) (emphasis in original).
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).?
If you are not able to resolve discovery disputes by discussing them with the other side, Local Civil Rule 37.2 requires that you request a conference with the judge.
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. Answering affidavits shall be served at least two days before such time.
