New York How to Answer a Motion

State:
New York
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NY-6JD-49
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Description

How to Answer a Motion

New York How to Answer a Motion is a legal document used to respond to a motion filed in a New York court. It outlines the reasons why the motion should not be granted and serves as an opportunity for the opposing party to explain why they disagree with the motion. It is important to include relevant legal arguments and case law, as well as facts that support the position of the opposing party. There are three main types of New York How to Answer a Motion: a standard answer, an answer with counterclaims, and an answer with affirmative defenses. A standard answer is a straightforward response to the motion, while an answer with counterclaims contains additional claims against the moving party. An answer with affirmative defenses includes additional defenses against the claims made by the moving party. All New York How to Answer a Motion should include the name of the court, the case number, the name of the moving party, and the response to the motion.

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FAQ

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. Answering affidavits shall be served at least two days before such time.

An answer to a motion in a civil action is made up of a set of documents, including: Answer Brief to Motion; ? Affidavit in Support of Answer Brief; ? Other Supporting Documents; and ? Notice of Hearing on Motion (if the opposing party requests a hearing).

If one party to a case has filed a motion with the court, the other side can file an ?opposition.? An ?opposition? is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion.

A) The RESPONSE TO MOTION tells the Judge what you disagree with in the other side's Motion, Affidavit, and proposed Order; what you would like the Court to do instead; and why you should get what you want.

A Response will address the Motion and provide the party's position on the points raised in the Motion. This can include a rebuttal to issues of fact or law raised in the Motion. A Reply will address the points raised in the Response and provide the party's position on the points raised in the Response.

An answer to a motion in a civil action is made up of a set of documents, including: Answer Brief to Motion; ? Affidavit in Support of Answer Brief; ? Other Supporting Documents; and ? Notice of Hearing on Motion (if the opposing party requests a hearing).

The Reply in Support of the Cross Motion. If a cross motion is filed, the party filing the cross motion is authorized to file a reply in response to the affidavit in opposition to the cross motion. It consists of an affidavit, an affirmation, and exhibits, if any.

More info

An answer to a motion in a civil action is made up of a set of documents, including: Answer Brief to Motion; • Affidavit in Support of Answer Brief; • Other Supporting Documents; and • Notice of Hearing on Motion (if the opposing party requests a hearing). Check the certificate of service, which should be included with the Motion papers.If you need to respond to an Administrative Motion, you have only 4 days. RESPONSE INSTRUCTIONS: o You will complete and file the original Response to Motion and the original. Affidavit with the Clerk of Court. After you complete your motion, you must file it with the court and mail a copy to the other side. Make sure the certificate of service is completed before you file your opposition with the court. If you are typing in your answers, you will check the second box. STEP 3 - Filing Your Forms. File the completed forms with the Clerk if Court.

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New York How to Answer a Motion