Queens New York Generic Motion for Continuance and Notice of Motion

State:
Multi-State
County:
Queens
Control #:
US-01071BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

A notice of petition is a legal document that informs involved parties about a petition being filed in court. It outlines the specifics of the petition and the relief sought, allowing the other party to prepare an appropriate response. Understanding the concept of a notice of petition is crucial, especially when navigating different legal processes, such as the Queens New York Generic Motion for Continuance and Notice of Motion.

Definition of returnable (Entry 1 of 2) 1 : legally required to be returned, delivered, or argued at a specified time or place a writ returnable on the date indicated. 2a : capable of returning or of being returned (as for reuse) returnable beer bottles. b : permitted to be returned sale items are not returnable.

Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at AM.

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).

The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.

RJI/Motions shall be made returnable in Queens Supreme Court with no address designated. The motion will be administratively rescheduled to the proper day of the week based on the judge (once a judge has been assigned).

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.

To bring, carry, or send back; to restore, redeliver, or replace in the custody of someone. Merchandise brought back to a seller for credit or a refund. The profit made on a sale; the income from an investment.

The redelivery of a writ, notice, or other form of legal process to the court after its proper service on the defendant or after it cannot be served. For example, the Federal Rules of Civil Procedure require a plaintiff to begin an action in federal court by preparing a complaint and giving it to the court.

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Queens New York Generic Motion for Continuance and Notice of Motion