MOTION for DISCOVERY; DECLARATION; NOTICE of MOTION; CERTIFICATE of SERVICE Form
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People also ask
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What does motion for discovery mean?
In the court system, “discovery” refers to the process of both sides discovering evidence. A motion of discovery is when both sides of a criminal case or a civil case share evidence or information they've discovered. Each side has the right to review all of the information that may be presented in court.
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What does motion mean for court?
What is 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.
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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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Does a motion to dismiss stay discovery in New York?
When Is Discovery Available? In New York Supreme Court actions (other than actions in the Commercial Division) discovery is generally available after the defendant interposes its answer. If the defendant serves a pre-answer motion to dismiss, however, then discovery is generally stayed until that motion is decided.
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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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Which of the following are proper grounds for a motion to dismiss?
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.
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What is the difference between a motion to dismiss and a summary judgment in NY?
– **Motion to Dismiss**: Challenges the legal sufficiency of a complaint. Filed early in the case. – **Motion for Summary Judgment**: Challenges the factual basis of the case after discovery. Aims to resolve the case without going to trial.
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What does motion to stay discovery mean?
In their Motion to Stay, Plaintiffs move to stay all proceedings, including discovery, until the issue of remand and federal question jurisdiction has been resolved.
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