This form is a Defendant's Initial Document Request usable by defendants in cases with claims regarding licensing, patents, or commercial trade secrets.
This form is a Defendant's Initial Document Request usable by defendants in cases with claims regarding licensing, patents, or commercial trade secrets.
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Nassau County Supreme Court. Expanded mandatory program to include all civil actions and proceedings, (except those specified), to be electronically filed, effective December 22, 2021. This measure was adopted on December 22, 2021, with an effective date of December 22, 2021.
Any party may file the note of issue after issue is joined, but the plaintiff typically files it. The note of issue must be accompanied by a certificate of readiness and conform to the requirements of 22 NYCRR § 202.21.
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.
- If the need arises to file an emergency Order to Show Cause while waiting for the matter to be converted, you can contact the County Clerk's Office to ask for expedited processing (516-571-2660). - All motions and Orders to Show Cause shall be efiled through NYSCEF.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.
File the Motion Papers File in the Motion Support Office of the Nassau County Supreme Court, 100 Supreme Court Drive, Mineola, NY, 11501, Room 186: The motion papers, with proof of service, at least five business days before the original return date.
A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.
Vacate Note of Issue According to the rules in New York, the court can vacate a note of issue if it appears or it is demonstrated that a material fact presented in the note or certificate was incorrect.
A note of issue is a form that is filed and served on all parties confirming that the case is ready for trial. CPLR § 3402(a). Although any party may file the note of issue after issue is joined, it is usually the plaintiff who files the form.
In contested divorces, a Note of Issue is used to record the date and filing of the Summons. In contested actions, the Note of Issue must be filed with a Certificate of Readiness, which recapitulates the history of the action and certifies that the case is ready for trial.