A New York Order Extending Defendant's Time to Answer is a document issued by a court in the state of New York that grants additional time for a defendant to answer a complaint or other pleading. This type of order can be issued in civil and criminal cases. There are two types of New York Order Extending Defendant's Time to Answer: an Order to Show Cause and a Stipulation and Order. An Order to Show Cause is an order issued by a court that requires a party to appear before the court and explain why a certain action should or should not be taken. A Stipulation and Order is an agreement between parties to a lawsuit that sets out the conditions and terms of a settlement or other agreement. The New York Order Extending Defendant's Time to Answer is an important document in the legal process and helps ensure that all parties are given the opportunity to respond to a complaint or other legal action in a timely manner.
New York Order Extending Defendant's Time to Answer
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FAQ
This Stipulation to Extend Time to Respond to Complaint (NY) is a standard form that attorneys can use to extend a defendant's time to file a responsive pleading or motion to dismiss in a civil action in New York Supreme Court on consent without prior permission from the court.
Motion for Extension of time is an application requesting the court to extend the time allowed for the completion of some act , when that act may or must be done within a specified time.
The time to answer the summons and complaint is either 10, 20 or 30 days, depending on how you received the papers and whether the case is in a court inside or outside New York City: 10 days - if the summons and complaint were given to you by personal (in hand) delivery within the county.
Request the court for an extension If the plaintiff doesn't agree to the extension, you can go ahead and request the court to grant you an extension by filing a motion to extend time. To do this, submit an affidavit requesting an extension. Ensure the affidavit has the name of the case and the case number at the top.
(1) A motion for continuance, extension, or waiver of the time standards provided by law and found in this rule must be in writing and signed by the requesting party. On a showing of good cause, the court must allow a motion for continuance or extension to be made ore tenus at any time during the proceedings.
You have only 21 days after being served with the Summons and Complaint to file a response. If you need additional time, or have missed the deadline, it is normally best to contact the opposing side's lawyer right away and make arrangements. The Legal Help Centers (see page 1) can explain the process.
A motion to strike means that we are asking the court to throw out the answer that was submitted by the defense lawyer. When a lawsuit is started, we are obligated to file papers known as a 'summons and complaint'. The complaint makes general allegations of wrongdoing against the person you have sued.
A timely motion to dismiss pursuant to CPLR §3211(a) extends the Defendant's time to serve the answer until ten (10) days after an order issued by the court in regard to the motion has been entered and notice of entry has been provided.