Suffolk New York Motion to Reconsider Judgment

Name: Suffolk New York Motion to Reconsider Judgment
Brand: US Legal Forms
Rating: 4.61 (287 reviews)

Category:

New York Civil Procedure - Judgments

State:

New York

County

Suffolk

Control #:

NY-02517BG

Format:

Instant download

Description

Acceptance of a motion generally is within a trial court's sound discretion, and the court may refuse to hear a motion which is repetitive or is made for an improper purpose such as harassment, unnecessary delay, or needless increase in the cost of litigation.

A Suffolk New York Motion to Reconsider Judgment refers to a legal procedure that allows a party to request a court to review and potentially change a previous judgment or decision made in a case. This motion provides an opportunity for a party to present new evidence, point out errors of law or fact, or argue for a different outcome. In Suffolk County, New York, there are various types of Motions to Reconsider Judgment that can be filed, including: 1. Suffolk New York Civil Motion to Reconsider Judgment: In civil cases, either party can file this motion to ask the court to review its previous decision regarding the judgment. The party must provide legal reasoning, present new evidence, or demonstrate errors made by the court that would warrant a reconsideration. 2. Suffolk New York Criminal Motion to Reconsider Judgment: In criminal cases, the defense or prosecution can file a motion to request the court to reconsider a previously rendered judgment. This type of motion may be filed based on new evidence, errors in the application of the law, or newly discovered information. 3. Suffolk New York Family Court Motion to Reconsider Judgment: In family law matters, such as divorce, child custody, or support cases, a party can file this motion to ask the court to review and potentially change a previous judgment. A change in circumstances or newly discovered evidence may be grounds for seeking reconsideration. 4. Suffolk New York Supreme Court Motion to Reconsider Judgment: The Supreme Court in Suffolk County handles civil cases involving larger financial amounts. Parties involved in such cases can file a motion in this court to request reconsideration of a judgment if they can present valid reasons for doing so. 5. Suffolk New York Surrogate's Court Motion to Reconsider Judgment: Surrogate's Court deals with cases related to wills, estates, and trusts. Parties dissatisfied with a judgment in these matters can file a motion in Suffolk County's Surrogate's Court to challenge the decision based on errors of law, new evidence, or other relevant factors. A Motion to Reconsider Judgment in Suffolk County, New York, is a crucial legal tool that provides parties an opportunity to present their case and argue for a fair outcome. It is essential to consult with an experienced attorney who can guide you through the process and present compelling arguments to support your motion.

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FAQ

The 16-7-1 rule. Provided that the notice of motion demands it, the opposing party then must serve its answering papers at least seven days before the return date. The moving party must serve its reply papers at least one day before the return date.

If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You ?serve? (mail) your motion to the other side.

Submit your motion papers to the assigned Justice, including proof of service upon the other parties; If an order is signed, file the original order and motions papers and the filing fee ($45) in the Clerk's Office (50 East Avenue, Rochester, New York 14604).

Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.

While it is sometimes possible for people to represent themselves in family court, you can be doing yourself and your family a huge disservice if you don't consider at least consulting an attorney before making this decision. There are some things you need to know before representing yourself in New York family court.

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.

G Go to the Ex Parte Office, 60 Centre Street, Room 315, 3rd floor. Give the Clerk the original OSC papers (and original RJI and one copy, if the case is not assigned to a Judge).

How to Persuade a Judge Your arguments must make logical sense.Know your audience. Know your case. Know your adversary's case. Never overstate your case.If possible lead with the strongest argument. Select the most easily defensible position that favors your case. Don't' try to defend the indefensible.

21 A defendant wishing to oppose summary judgment has to invoke the procedure set out in Rule 32 (3) which provides it with the following steps to follow, namely; that: (a) he must provide to the plaintiff security to the satisfaction of the Registrar, for any judgment including costs which may be given2 or (b) he

Making an Order to Show Cause 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.

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And it stands to reason. You can appeal online if.The court may do so on motion or on its own, with or without notice. 10 lists eight wrongs that you may complain about in a motion to vacate judgment.13. Ct. Suffolk County 1968). New York State Supreme Court, Appellate Division, First Department Mikenshina v. Advance Notice of Motions. Thereafter , on June 1 , 1956 , plaintiff moved for an order granting reconsideration of the defendant's motion for summary judgment ( 43-105 ) . Thereafter , on June 1 , 1956 , plaintiff moved for an order granting reconsideration of the defendant's motion for summary judgment ( 43-105 ) . Advance Notice of Motions.

In May 1957, at the time when the case was pending in the first circuit, defendant served plaintiff with an Advance Notice of Motion. It alleged, among other things, that plaintiff's failure to file or serve the summons and complaint by the June 1 deadline was not voluntary: It was made necessary by plaintiff's failure to appear in court, at defendant's request, when requested to do so by the court. It alleged that it had previously obtained an order to enforce a court-ordered summons issued by a court of similar jurisdiction, and that this order was in effect, and that plaintiff's failure to observe it was no longer voluntary. When plaintiff filed an answer in June 1956, defendant failed to serve an answer, and plaintiff thereafter failed to serve an answer. After the parties had been engaged in discovery for approximately two months, defendant served plaintiff with notice of its motion for vacated pursuant to this order, which had been granted by the First Circuit.

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Suffolk New York Motion to Reconsider Judgment

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How long do you have to respond to a motion for summary judgment in New York?

How do I file a motion in court without an attorney?

How do I file a motion in family court ny?

What conditions must be met for a judge to grant a motion for summary judgment?

Can I represent myself in Family Court NY?

How long does a judge have to answer a motion in NY?

How do you file an Order to Show Cause in the New York Supreme court?

How do you get a judge to rule in your favor?

How do you oppose a summary Judgement?

How do I file an Order to Show Cause in NY?

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