A notice of motion is simply the form a party files with the court telling the court that all of the parties to a case have been informed that a motion has been filed.
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.
Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at AM.
A Notice of Motion (NOM) can be a request for action regarding any matter relevant to Council and must be moved, seconded and adopted in the same way a Motion is put up to Council to resolve.
A Notice of Motion is like the invitation to the party. It tells the court and the other side what the party is for, the time, date and place, and when to RSVP. This is called the relief sought, the return date and the time for service of answering papers/CPLR 2214(b).
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.
Copies of the notice of motion and supporting papers must be served on all parties at least eight days before the time at which the motion is noticed to be heard by the court. Add an additional 5 days if the motion is served by mail.
The RJI is the mechanism that leads to the assignment of a Justice to the case. This is done randomly. Once the case is assigned, all future proceedings in the case take place in front of the same Justice (unless the Justice leaves the court or is reassigned to a different category of case).
Judicial intervention refers to the act of a court stepping into a legal dispute to enforce rights, protect interests, or address issues that may arise during legal proceedings.
When a party seeks to introduce evidence that is “indisputably true,” one can request that the judge take judicial notice of a particular fact to avoid having to prove it is true. Kilroy v. State of California (2004) 119 Cal.