Bronx New York Generic Motion for Continuance and Notice of Motion

State:
Multi-State
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Bronx
Control #:
US-01071BG
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A continuance is a postponement of a date of a trial, hearing or other court appearance. An order for a continuance may be requested from the court by one of the parties, or the parties may agree to stipulate to a continuance. A court is more likely to decline a continuance if there have been other previous continuances. A continuance may be requested for various reasons, such as unavailability of an attorney or interested party, necessity of extra time to prepare for the matter, and several other grounds.

Bronx, New York is a vibrant borough located in the northern part of New York City. Known for its rich history, diverse communities, and cultural attractions, the Bronx offers a unique blend of urban charm and suburban tranquility. As one of the five boroughs of New York City, it is renowned for its iconic landmarks, renowned Yankee Stadium, the Bronx Zoo, and the New York Botanical Garden. When it comes to the legal realm, a Generic Motion for Continuance and Notice of Motion relates to legal proceedings in Bronx, New York. This motion is typically filed by an attorney on behalf of a party in a case to request an adjournment or postponement of a scheduled court hearing or trial. It is primarily utilized when the party requires additional time to prepare their case adequately or if there are unforeseen circumstances that necessitate the delay. In Bronx, New York, there might be different types of Generic Motion for Continuance and Notice of Motion, based on the nature of the legal proceedings. Some possible variations could include: 1. Motion for Continuance in Criminal Cases: This type of motion may be filed in criminal cases when the defense or prosecution seeks a delay due to reasons such as the unavailability of witnesses, the need for additional evidence, or the preparation of a complex defense strategy. 2. Motion for Continuance in Civil Cases: In civil cases, a motion for continuance may be filed to postpone a court hearing or trial due to factors like the need for more time for discovery, settlement negotiations, or unforeseen circumstances that impact the ability to proceed with the case. 3. Notice of Motion for Continuance: A notice of motion is commonly filed to inform the court and opposing parties about the intent to request a continuance. It typically outlines the reasons for seeking the delay and provides a date for the actual motion to be heard. 4. Motion for Continuance and Change of Venue: In certain cases, a party may file a motion for both a continuance and a change of venue, particularly if they believe that the current location of the trial may affect their ability to receive a fair trial. In summary, the Bronx, New York Generic Motion for Continuance and Notice of Motion is a legal document filed to request a postponement of a court hearing or trial due to various reasons. Different types of motions may exist depending on the specific circumstances of the case, such as criminal or civil proceedings, or the need for a change of venue.

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A Notice of Motion should contain the following details: What court you must appear in. The date of your hearing. The date by which you need to file Opposing Papers. By when and to whom you must submit your opposing papers.

A motion hearing is a hearing that is held in front of the judge after one of the lawyers in the case has filed a written request for the judge to do something. At the hearing, the lawyers will orally argue for or against the request, and in some cases, testimony will be taken regarding the issue.

There are three ways to deliver legal papers to start a case. Personal delivery. The papers are handed to the defendant or respondent.Substituted delivery. Papers are left with someone else to give to the defendant or respondent and copies of the papers are mailed.Conspicuous delivery.

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. Some Judges will mail you a copy of the decision if you give them a self-addressed stamped envelope.

A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk. After service of process, the person who served the papers must fill out a statement, called an affidavit of service, which is sworn to and signed in front of a notary.

A formal notice to participants in litigation of an intent to seek specific relief in an action. An advisory in writing, usually in a prescribed form, to all parties in litigation of an intent, at some specified or future time, of asking the Court to order specified relief.

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 Order to Show Cause is supported by an "Affidavit in Support," and copies of any documents that support the request and would help the judge make a decision. The papers must be served on all the parties in the manner directed in the Order to Show Cause.

Motion papers must be served on all the parties. The person serving the papers must fill out an Affidavit of Service, which must be filed together with the motion papers to place the motion on the court's calendar. A party served with motion papers may prepare papers to oppose the motion.

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).

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In the Matter of the Petition by: ) ) DORETHA CAPERS ) 880 Colgate Avenue ) ) at ) ) Bronx, NY 10473-4814 ) P. S. Docket No. DCA-144. Includes general forms, notices and motions to show cause, stipulations, and appeals.Peter Coddington, Esq. With the general 30. Y.)One Hundred and Fifty - eighth street with a line 8 domes , complete .

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Bronx New York Generic Motion for Continuance and Notice of Motion