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You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You serve (mail) your motion to the other side.
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.
A person serving papers must be 18 years of age or older and must not be a party to the case (CPLR 2103[a]). Papers may be served by a process server, friend or relative of a party so long as he or she is not a party to the case.
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.
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A motion or order to show cause can be used for many reasons, like: Making one side do what he or she agreed to do; Asking for more time to do what you agreed to do; Fixing mistakes in a Stipulation; Explaining why you missed your court date or didnt file an Answer; Changing the terms of a court order;
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You serve (mail) your motion to the other side.
Process Rules and Fees There is a $52.00 filing fee for each summons. All Family Offense summonses must be served at least 24 hours before the court date. There is no fee for serving these summonses.
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.
Request to a court for a desired ruling or order. A motion can be written or spoken, as the relevant rules require. Various motions can be made throughout a case, but only after the initial complaint has been filed.

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