New York Motion Form
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What is the difference between an order to show cause and a motion in NY?
Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.
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How to serve a motion in NYS?
In order to make a motion in the Court of Claims, you must prepare a set of "motion papers," serve a copy of the motion papers on the opposing party or the opposing party's attorney, and submit the original and two copies of the motion papers to the Clerk of the Court, with an Affidavit of Service (a sworn statement ...
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How many days notice for a motion in NY?
A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard.
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How do I file a motion in New York?
In order to make a motion in the Court of Claims, you must prepare a set of "motion papers," serve a copy of the motion papers on the opposing party or the opposing party's attorney, and submit the original and two copies of the motion papers to the Clerk of the Court, with an Affidavit of Service (a sworn statement ...
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What is the purpose of a motion?
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.
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How long do you have to make a cross motion in NY?
Timing the Cross-Motion Under rule 2215, the notice may be served at least three days before the date on which the motion is noticed to be heard, or seven days prior to the noticed date if demand is properly made in the originating notice of motion pursuant to the original motion rule, CPLR 2214(b).
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What is a motion for new trial NY?
CPLR 4402. Motion for continuance or new trial during trial. At any time during the trial, the court, on motion of any party, may order a continuance or a new trial in the interest of justice on such terms as may be just.
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What does it mean to notice a motion?
The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.
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