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Making an Order to Show Cause If the movant wants the Judge to order something right away that can't wait until the court date, the OSC must say this too. For example, the OSC can ask the Judge to stop an eviction until the court date. This is called a stay. The OSC is given to the court for a Judge to review and sign.
If a settlement can't be reached, a “Note of Issue” is filed, which tells the court that the case is ready to go on the trial calendar. After the Note of Issue is filed, you enter the pre-trial stage.
Note of Issue: A document that must be filed with the court in order to place a matter on the trial calendar. See also Certificate of Readiness.
A motion is a written request made to the court, asking the judge to issue an order. The motion must be supported by evidence.
A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.
Comply With the Relevant Federal, State, and Local Rules. Research Before Writing. Allege Subject Matter Jurisdiction, Personal Jurisdiction, and Venue. Jurisdiction. Draft Concise and Plain Statement of the Facts. Factual Allegations. Draft Separate Counts for Each Legal Claim. Plead Facts With Particularity Where Necessary.
You can object if you think the other side's evidence, witness testimony, or question should not be allowed. The rules for what is allowed in court are in the evidence code. If a judge agrees with your objection, the evidence or testimony won't be part of the official court record and can't be used to decide your case.
Opinion - A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court's ruling comes from a majority of judges and forms the majority opinion.
A motion is a written request made to the court, asking the judge to issue an order.
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