MOTION and ORDER to APPOINT ATTORNEY Form
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People also ask
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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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What is a motion in lawyer terms?
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 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 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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Why do attorneys 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. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
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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 does it mean when a lawyer is appointed?
An assigned counsel is defined as a lawyer appointed by the court as a representative of any person who cannot afford their own. Assigned counsels are always private lawyers selected to tackle specific cases. They are also known as court or state-appointed attorneys.
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How long do you have to serve cross motion in NY?
However, if you were served with the motion at least 16 days before the hearing date, you must serve the notice of cross-motion at least 7 days prior to the hearing date. If serving by mail, you must add 3 days and serve it at least 10 days prior to the hearing date.
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