When a motion to strike is made, the violation of disclosure provisions should be stressed, rather than a failure to file a Note of Issue. To answer a motion, the following steps are taken: Step 1.Write answering papers, also known as opposing papers. No hearing is required. d. New York's Appellate Division, Second Department reversed a trial court decision that granted a defendant's motion to compel acceptance of a late answer. Customer: I have a case in Harris County, (Houston, Texas.) I need help revising my motion to Dismiss Defendant's Counterclaim. A party requesting that a trial be postponed must file a written motion stating why a postponement is necessary. I am filling out an ex parte motion for court in the morning to get a RIT extention because I missed my court date due to illness. In their answer, defendants USA Insurance Companies and Karen Holmes asserted ten affirmative defenses. Motion to compel, and took under advisement the motion to strike.