New York Motion to Transfer for Amount in Excess of Court's Jurisdiction

State:
Multi-State
Control #:
US-MOT-01424
Format:
Word; 
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This form is a sample pleading Motion to Transfer for Amount in Excess of Court's Jurisdiction. You may find the language useful in drafting similar pleadings. Adapt to your circumstances as necessary. Available in several standard formats.
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FAQ

Rule 11-f establishes that a party may serve a notice or subpoena on any legal or commercial entity. [10] While, as noted above, a party is not required to identify which matters the deponent will be asked about, if the party chooses to do so, the party must describe the matters with "reasonable particularity."

Subject matter jurisdiction has been defined as the ?power to adjudge concerning the general question involved, ?.? It does not depend upon the existence of a good cause of action. It is the power to deal with the subject involved in the action. Hunt v. Hunt, 72 N.Y.

Title your motion and identify yourself in the introduction. Then, say what you want the court to do and state the facts that back up your request. Write your legal argument by stating the rule and explaining how your facts apply to it. Then, add your signature, a Certificate of Service, and a Notice of Hearing.

Jurisdiction of New York Civil Courts The Civil Court can handle cases involving amounts up to $50,000, including disputes over possession of items (replevin) valued within this limit.

A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.

Your court may have a specific form that needs to be filed for a motion, and you will usually also submit supporting documents like an affidavit in support of the motion, a memorandum of law (if necessary), and exhibits that would be admissible at a hearing.

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.

The moving party must submit with the notice of motion an affidavit, a written statement made under oath and sworn to before a notary public, or other proof that explains the nature of the motion and the reasons therefor and which has attached copies of all papers necessary to understand the motion.

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New York Motion to Transfer for Amount in Excess of Court's Jurisdiction