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 Generic Motion for Continuance and Notice of Motion
Category:
State:
Multi-State
County:
Bronx
Control #:
US-01071BG
Format:
Word;
Rich Text
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FAQ
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).