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What is the return date for a motion in NY?

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. NYSCEF wants to know the court date and has a calendar button to find the court date you picked.

What is the purpose of a motion?

A motion is a written request for the judge to issue an order or make a decision on a contested issue. You can use this procedural device to request relief on a specific detail of a case, like a hearing date. Under certain circumstances, you can also use it to resolve the whole case before it goes to court.

What does it mean to respond to a motion?

The response may agree with or oppose the action requested. If the response opposes the action requested, it must contain the reasons for opposing the motion and must include supporting evidence. The Court will enter an order in which the judge either grants or denies the motion.

What does it mean when a motion is filed?

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 does it mean to file a motion to compel?

What is a Motion to Compel? A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.

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What does it mean when a motion is granted?

If the motion is granted, a decision is made on the claims involved without holding a trial.

What are the 3 most common post trial motions?

Some of the most common type of post trial motions include a motion for new trial, a motion for judgment notwithstanding the verdict (JNOV), or a motion to amend or nullify the judgment.

What is a motion in a civil case?

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.

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