Motion and Declaration Forms

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Commonly Asked Questions about Motion and Declaration Forms

What does it mean to submit a motion?

A motion is a paper you can file in your case. It asks the court to decide something in your case. For example, if you need more time to answer a complaint against you, you can file a motion to extend the time to answer. If you do not have a case, you cannot file a motion.

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.

What is the real purpose of filing a motion?

A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.

What is a document motion?

A motion is a written request made to the court, asking the judge to issue an order. The motion must be supported by evidence.

What is a notice of motion and declaration for joinder?

Ask the court to decide (order) to make you a party in the family law case. This is commonly used by a grandparent or a step-parent who wants to participate in the case concerning child custody and visitation (parenting time).

What is a summons with notice demand for complaint in NY?

After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.

What does it mean when a motion is granted?

The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence. Diagram of How a Case Moves Through the Courts.