Defendant's Motion Forms

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Commonly Asked Questions about Defendant's Motion Forms

What is the difference between notice of motion and order to show cause in NY?

The major difference between a Motion on Notice and an Order to Show Cause is that the former requires the notice before the move and the latter allows for the notice after the motion. The motion is presented to the court ex parte, which means that both parties are not present at the time.

How to file a motion in NY?

In order to make a motion in the Court of Claims, you must prepare a set of motion papers, serve a copy of the motion papers on the opposing party or the opposing partys attorney, and submit the original and two copies of the motion papers to the Clerk of the Court, with an Affidavit of Service (a sworn statement

What is the purpose of a motion?

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.

How long does a judge have to rule on a motion in NY?

The decision of the court shall be rendered within sixty days after the cause or matter is finally submitted or within sixty days after a motion under rule 4403, whichever is later, unless the parties agree to extend the time.

What is a notice of motion in New York County?

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).

What does it mean to notice a motion?

A notice of motion is simply the form a party files with the court telling the court that all of the parties to a case have been informed that a motion has been filed.

How long does a judge have to answer a motion in NY?

Decisions. If the motion or OSC cant 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.