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New York Notice to Pro Se Litigants Re: Rule 56 Motion for Summary Judgment

State:
New York
Control #:
NY-WD-153
Format:
PDF
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Notice to Pro Se Litigants Re: Rule 56 Motion for Summary Judgment

New York Notice to Pro Se Litigants Re: Rule 56 Motion for Summary Judgment is a document provided by the New York State Court System to inform self-represented litigants of the legal procedures and requirements associated with filing a motion for summary judgment. A motion for summary judgment is a request to the court to decide a dispute without the need for a trial, based on the facts presented in the pleadings and other evidence. This document provides information on the legal standards for summary judgment, the procedures for filing and responding to a motion for summary judgment, and deadlines for filing motions and responses. There are three types of New York Notice to Pro Se Litigants Re: Rule 56 Motion for Summary Judgment: 1. Motion for Summary Judgment: This is the most common type of motion for summary judgment, and is used to ask the court to decide a case without a trial. 2. Cross-Motion for Summary Judgment: This is a motion for summary judgment made by the defendant in response to a motion for summary judgment made by the plaintiff. 3. Counter-Motion for Summary Judgment: This is a motion for summary judgment made by the plaintiff in response to a motion for summary judgment made by the defendant.

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FAQ

Summary judgment shall not be entered based on defendant's failure to oppose the motion unless there has been compliance with this section and at least fourteen days have elapsed from the date of mailing by the clerk or nineteen days if the plaintiff's notice of motion demands additional time under subdivision (b) of

If the defendant moves to summary judgment, the burden of proof moves from the plaintiff to the defendant. Rather than the plaintiff proving that they were injured, the defendant must prove that the plaintiff can't obtain evidence at all.

The brief shall contain a ?Statement of Material Facts in Dispute? identifying: (1) the material facts which preclude summary judgment and/or (2) disputed material facts which do so. Like movant's Statement, the non-movant's Statement should not contain mere background facts or be argumentative.

If you do not respond to the motion for summary judgment on time with affidavits or documentary evidence contradicting the material facts asserted by the defendant, the court may accept defendant's factual assertions as true. Judgment may then be entered in defendant's favor without a trial.

The Summary Judgment Standard Any party may move for summary judgment in any action. A court will grant summary judgment if, upon review of the record, the moving party sufficiently establishes the cause of action or defense at issue to warrant judgment in its favor as a matter of law.

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.

Rule 56.1 statement (1) should contain factual asser- tions, with citations to the record; (2) should not contain. conclusions; and (3) ?should neither be the source nor.

In a motion for summary judgment one side asks the court to decide the case based on arguments made in court papers. The moving side argues that there are no facts in dispute and a judgment should be granted without a trial.

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New York Notice to Pro Se Litigants Re: Rule 56 Motion for Summary Judgment