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New York Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion

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Multi-State
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US-MOT-01427
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This is a multi-state form covering the subject matter of the title.

A New York Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is a legal document that seeks additional time to gather evidence or request an extension for the completion of discovery before trial. This motion can also serve as an alternative request to extend the deadline for filing a summary judgment motion. It is important to note that different types of New York Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion may vary based on the specific legal matter or court proceedings. However, some common keywords associated with this motion may include: 1. Motion for Continuance: This keyword highlights the main purpose of seeking an extension or delay in the legal proceedings, often due to unforeseen circumstances or the need for additional time. 2. Complete Discovery: This phrase emphasizes the intention to gather all relevant evidence, witness statements, expert testimonies, and other related information necessary for the trial preparation. 3. Summary Judgment Motion: This term refers to a request made by one party to the court to rule in their favor based on the lack of genuine disputes of material facts in the case, arguing that there is no need for a trial. 4. Alternative Continuance: This keyword signifies that the motion requests a continuance as an alternative option if the court decides against granting summary judgment, allowing for further discovery before proceeding to trial. 5. Extension of Time: This phrase highlights the need for additional time to complete the required tasks, such as collecting evidence, conducting depositions, or responding to discovery requests. 6. Deadline: Refers to the specific date or time by which the discovery phase or summary judgment motion must be completed. 7. Legal Proceedings: This keyword encompasses all legal actions, hearings, or trials related to the case. 8. Unforeseen Circumstances: This phrase signifies unexpected events that may impact the ability to complete the discovery process on time, such as the unavailability of witnesses, new evidence surfacing, or other significant factors. 9. Trial Preparation: This term refers to the actions taken to gather evidence, interviews, testimonies, expert reports, and legal research in order to prepare for the trial. 10. Court Order: This phrase indicates that the motion seeks the court's approval or decision to grant the requested continuance. Different types of New York Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion may vary depending on the specific case or legal matter being addressed. It is advisable to consult with an attorney or legal professional to determine what specific types of motions may be applicable to your case.

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Unless the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery. presented in a form that would be admissible in evidence. (3) Materials Not Cited.

All discovery, pending hearings, and motions in the action shall be stayed upon the filing of a motion made pursuant to this section.

Stay of Discovery Unless the Court orders otherwise, once a notice of Motion for Summary Judgment is served, all discovery in the case is stayed until "determination of the motion." CPLR 3214(b).

Under the rules of federal courts, unless a different time is set by local rule or a court orders it, the party seeking summary judgment may file a motion at any time until 30 days after the close of discovery.

Replies should be succinctly stated. If the response to a fact is ?undisputed,? the reply should also state ?undisputed.? If you contend that despite a response of ?disputed,? the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.

HOW TO OPPOSE THE MOTION: (1) State the legal reasons why the court should not enter judgment against you, including your defenses. (2) State the facts that support your defenses. (3) Attach affidavits and/or exhibits to support the facts you assert.

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.

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.

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In the alternative, a party may serve a copy of the order or judgment and written notice of its entry in hard copy by any method set forth in CPLR ... Apr 1, 2013 — A motion for summary judgment shall be supported by affidavit, by a copy of the pleadings and by other available proof, such as depositions and ...by JF Lapham · 1990 · Cited by 14 — Only by forcing parties facing summary judgment motions to show a reasonable factual basis for their claims can courts insure that judicial resources are ... Sep 9, 2009 — setting forth the need for additional discovery; or (2) file a verified motion for continuance. Tenneco Inc. v. Enterprise Prods. Co., 925 ... Oct 20, 2020 — The 16-7-1 rule. If the moving party wants to file a reply brief, it must serve the initial motion papers at least 16 days before the date the ... The County Clerk will enter a judgment when an order on a motion directs him to do so, or when ... A New York court may enter a judgment only in United States ... Dec 30, 2022 — On November 9, 2022, petitioners filed an ex parte application to specially set a hearing date for the motion for summary judgment, or in the ... Oct 16, 2018 — The defendant's objection stated simply that he needed time to complete discovery necessary to oppose the motion for summary judgment. It permits a party opposing summary judgment or adjudication to ask to continue the motion to obtain evidence essential to the opposition; to deny the motion, ... Oct 29, 2018 — (b) The papers opposing a motion for summary judgment shall include a correspondingly ... Any represented party moving for summary judgment ...

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New York Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion