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

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.

What is a return date in New Jersey court?

All motions for summary judgment shall be returnable no later than 30 days before the scheduled trial date, unless the court otherwise orders for good cause shown, and if the decision is not communicated to the parties at least 10 days prior to the scheduled trial date, an application for adjournment shall be liberally

How long do you have to respond to a motion for summary judgment in New York?

The 16-7-1 rule. Provided that the notice of motion demands it, the opposing party then must serve its answering papers at least seven days before the return date. The moving party must serve its reply papers at least one day before the return date.

What is a response to a motion called?

If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other sides request.

How do you get a judge to rule in your favor?

How to Persuade a Judge Your arguments must make logical sense. Know your audience. Know your case. Know your adversarys case. Never overstate your case. If possible lead with the strongest argument. Select the most easily defensible position that favors your case. Dont try to defend the indefensible.

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Where are motions returnable in New York County?

Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerks 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 9:30 AM.

When can you file a motion to dismiss in NJ?

A defendant may move to dismiss an action if the plaintiff failed to join a necessary party under N.J. R. 4:28-1. It may also assert this defense on summary judgment or at trial and the court must decide the motion before trial unless good cause exists to defer its decision until trial. (N.J. R.

What is the 5 day rule in NJ?

One of these is the five-day rule. This rule regards the timeline for submitting written evidence to the ALJ for the hearing. It sets a deadline for such evidence. Under it, evidence generally has to be given to the ALJ by five business days before the scheduled hearings date.

What does it mean that a motion is returnable?

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.

How do I respond to a motion for summary judgment in NJ?

A party opposing a motion for summary judgment must file a written responding statement admitting or disputing each of the facts in the moving partys statement. N.J.R. 1:6-2 (a) (amended eff 9/1/22); N.J.R. 4:46-2 (b) (amended eff 9/1/16).

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