New York Sharpe Motion Instructions are a set of legal documents which allow parties to a legal dispute to move the case forward quickly. They are used in New York State by attorneys and litigants when they want to bring a motion before the court. There are two types of New York Sharpe Motion Instructions: 1) Summary Judgment Motion Instructions and 2) Motion to Dismiss Motion Instructions. Summary Judgment Motion Instructions are used when a party wants to have a court issue a judgment without a full trial. This type of motion is used when there is no dispute of material facts and the court can make a decision without hearing any testimony. Motion to Dismiss Motion Instructions are used when a party wants the court to dismiss a legal action due to lack of merit or legal standing. The motion must be supported by evidence and legal authority in order to be successful.
New York Sharpe Motion Instructions
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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.
1 Every California judge is familiar with the requirement to issue timely decisions under a constitu- tional provision (Article VI, Section 19) that sets a deadline for judicial decisions: 90 days after the matter is submitted for decision.
Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
The Reply in Support of the Cross Motion. If a cross motion is filed, the party filing the cross motion is authorized to file a reply in response to the affidavit in opposition to the cross motion. It consists of an affidavit, an affirmation, and exhibits, if any.
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).
A cross motion is ?merely a motion by any party against the party who made the original motion, made returnable at the same time as the original motion? (Patrick M. Connors, Practice Commentaries, McKinney's Cons. Laws of N.Y., Book 7B, CPLR C22; see CPLR 2215).
Cross Motions CPLR §2215 a. At least three days before the time the motion is noticed to be heard, or seven days prior if such time demand has been made by the movant per §2214(b) a party may serve upon the moving party a notice of cross-motion.
Definition. A cross-motion is filed by a defendant to add a new claim against the plaintiff in a court case.
Rule 14. Disclosure Disputes. If the court's Part Rules address discovery disputes, those Part Rules will govern discovery disputes in a pending case. If the court's Part Rules are silent with respect to discovery disputes, the following Rule will apply.