Bronx New York General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

State:
Multi-State
County:
Bronx
Control #:
US-01058BG
Format:
Word; 
Rich Text
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion
  • Preview General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion
  • Preview General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

How to fill out General Form Of A Motion Of Defendant And Notice To Plaintiff Of Hearing On Motion?

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FAQ

The main purpose of a motion is to ask the court to make a specific ruling or order. This could relate to various facets of a case, from procedural issues to substantive rights. Utilizing the Bronx New York General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion allows you to clearly articulate your request and supports your argument effectively.

Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.

The new rule allows a party to move for summary judgment at any time, even as early as the commencement of the action. If the motion seems premature both subdivision (c)(1) and Rule 6(b) allow the court to extend the time to respond. The rule does set a presumptive deadline at 30 days after the close of all discovery.

Supreme Court cases are not assigned to a Judge until one of the parties files a Request for Judicial Intervention (RJI) form and pays the filing fee.

This is sometimes called the return date, or the date the motion is returnable. The party making the motion (moving party) chooses the date the motion will be heard by the court. When you choose the date, you must pick a date that gives the other side at least 8 days of notice.

A Notice of Motion is like the invitation to the party. It tells the court and the other side what the party is for, the time, date and place, and when to RSVP. This is called the relief sought, the return date and the time for service of answering papers/CPLR 2214(b).

1) RJIs Generally The fee for filing an RJI (UCS 840, revised 2012) is paid to the County Clerk via the New York State Courts Electronic Filing System (NYSCEF) in e-filed cases and to the County Clerk's cashier's office, Room 160, in paper cases. A "fillable" form RJI is available on-line.

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 court will not accept motions, orders to show cause, requests for court conferences, or any other papers until an RJI is filed. An RJI may be filed at any time after service of process and must conform to the requirements of 22 NYCRR § 202.6.

A form that a party files in an action that has not yet been assigned to a judge. The RJI is a request for the court to become involved in the matter and will result in the assignment of a judge, who will then preside over the action until its end.

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Bronx New York General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion