A Bronx New York Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is a legal document that is typically filed by one party in a civil lawsuit in the Bronx, New York. This motion requests the court to extend the deadline for completing the discovery phase of the litigation process or, as an alternative, to postpone the ruling on a pending motion for summary judgment. Discovery is the pre-trial phase where each party gathers relevant information and evidence to support their case. This can involve conducting depositions, requesting documents or records, and interrogating the opposing party. However, unexpected obstacles or delays can arise during this process, prompting a party to file a motion for continuance in order to request additional time to complete discovery. A motion for continuance to complete discovery is typically filed when the party requires more time due to the complexity of the case, difficulty in obtaining necessary information, or unavailability of critical witnesses or experts. This motion outlines the reasons for the delay and highlights the importance of gathering all relevant evidence to ensure a fair and just trial. In alternative scenarios, if a party believes that there is enough evidence available to support a summary judgment in their favor based on the current discovery, they may choose to file a motion for summary judgment. This motion argues that there are no disputed facts and that the case should be resolved without going to trial. However, if the opposing party believes that more time is needed to complete discovery and uncover additional evidence, they may file a motion for continuance of the summary judgment motion. It is important to note that different types of motions for continuance or in the alternative motion for summary judgment can be filed based on the specifics of each case. These may include motions for emergency continuance due to unforeseen circumstances, motions for continuance to depose additional witnesses, or motions for summary judgment with additional supporting evidence. The Bronx New York Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion seeks to ensure that the parties have an adequate opportunity to gather all relevant evidence and present their case effectively. By making such a motion, the involved parties hope to uphold the principles of fairness, justice, and a thorough examination of all available facts before reaching any final decisions or conclusions in the case.
Bronx New York Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion
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FAQ
In New York state practice, an order of the Supreme Court denying a motion for summary judgment is immediately appealable to the Appellate Division, as of right, by the unsuccessful movant. Finality is not required.
A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.
Federal appellate courts apply standards of review when examining lower court rulings or determinations from a federal agencies. There are three general standards of review: questions of law, questions of fact, and matters of procedure or discretion.
Stay of Discovery Unless the Court orders otherwise, once a notice of Motion to Dismiss is served, all discovery in the case is stayed until determination of the motion.
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.
Unless the Court orders otherwise, once a notice of Motion for Summary Judgment is served, all discovery in the case is stayed until "determination of the motion." CPLR 3214(b).
Summary Judgment Standard Generally, a trial court deciding whether to grant a motion for summary judgment must view the facts in the light most favorable to the non-moving party, drawing any reasonable inferences in that party's favor.
De novo review occurs when a court decides an issue without deference to a previous court's decision. Trial de novo occurs when a court decides all issues in a case, as if the case was being heard for the first time. For a recent consideration of the use of de novo review, see McLane Co.
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.
1. The date the motion will be heard by the court. 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.
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Failed Indigence Motion. (a) Denial of Application to Dismiss. If, for whatever reason, the applicant does not succeed in his application to discharge the case from indigent status, the indigent status determination may be set aside and the case be reexamined in the proper court for a new proceeding if the court determines that the individual applicant would be an indigent upon the making of an appeal that was not denied. The court may make the ruling of the indigent status determination upon the applicant's failure of the applicable proceeding pursuant to a plea agreement before final disposition of the appeal if the indigent status determination made by the clerk is in error. If, however, the court makes the ruling, the indigent status determination shall be the basis for the denial of an unconditional release or other conditional release from custody, including conditional release under Sec. 54-831 or 54-832. (b) Denial of Application to Defer.
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