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People also ask
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What does motion case mean in court?
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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When can you make a motion to dismiss in NY?
These motions to dismiss are often made at the earliest stage of the case to defeat or limit a claim, or to stall the case before proceeding to costly and time-consuming discovery. In the context of a motion to dismiss, the court must take the factual allegations in the complaint as true. See Point of Law (POL).
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How long do you have to make a motion to reargue in NY?
Q: Is there a time limit for moving for reargument? A: Rule 500.24 provides that a notice of motion seeking reargument must be served not later than 30 days after the appeal or motion sought to be reargued has been decided, unless otherwise permitted by the Court.
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What is the legal definition of a motion?
A motion is a formal request made by any party for a desired ruling, order, or judgment. The party that makes the motion is known as the movant. A motion can be written or spoken, as the relevant rules require. Various motions can be made throughout a proceeding, but only after the initial complaint has been filed.
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How long does it take to respond to a motion to dismiss in New York?
If a motion to dismiss is denied: Unless another time is set by the court, the defendant must serve its answer within 10 days after service of the notice of entry of the court's order. CPLR § R3211(f); Smart Code.
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What is the return date for a notice of 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.
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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 Clerk's 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.
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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.
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What does motion mean for court?
Share. One of the last steps a prosecutor takes before trial is to respond to or file motions. 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.
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How long do you have to respond to a motion in NY?
Responding papers are due two days before the motion date. If the motion is served sixteen days in advance instead of eight, then answering papers or a cross motion must be served seven days before the motion date. Any reply is due two days before the return date.
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How long do you have to make a motion to reargue in NY?
Q: Is there a time limit for moving for reargument? A: Rule 500.24 provides that a notice of motion seeking reargument must be served not later than 30 days after the appeal or motion sought to be reargued has been decided, unless otherwise permitted by the Court.
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How long does a judge have to rule on a motion in New York?
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.
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How long does a judge have to answer a motion in NY?
Decisions. If the motion or OSC can't 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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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.
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Is a motion the same as a pleading?
A pleading demands that the other party do something, while a motion requests that the judge in the case do something. These documents can be filed with the court before, during, or after the trial, though pleadings are typically filed at or near a case's outset.
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