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In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
(Motion to Compel Discovery) (NY) This Affirmation (Motion to Compel Discovery) is a standard form that attorneys can use to support a motion to compel discovery under New York Civil Practice Law and Rules (C.P.L.R.) 3124 in a civil action in New York state court.
An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision. The OSC tells the court and the other side what the movant wants the Judge to do.
A movant requesting an order on an expedited basis must file a motion entitled ?Urgent Motion? and must call to the attention of the clerk of the urgent filing on the day that it is filed.
An order to show cause against a state body or officers must be served in addition to service upon the defendant or respondent state body or officers upon the attorney general by delivery to an assistant attorney general at an office of the attorney general in the county in which venue of the action is designated or if
In forma pauperis is a Latin term meaning "in the manner of a pauper." A suit brought in forma pauperis allows a poor person to bring suit without incurring the costs of the suit. Proceeding in forma pauperis is not a right, and is subject to the discretion of the court.
IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, , am the petitioner in the above-entitled case. In support of my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay the costs of this case or to give security therefor; and I believe I am entitled to redress. 1.
CPLR 2214(b) is the law that says how much time before the court date the papers have to be given to the other side. The amount of time that the other side has to answer your papers depends on the court date you chose.