New York Affidavit In Support of Motion For Contempt

State:
New York
Control #:
NY-DPS-1
Format:
PDF
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Description Motion For Contempt

This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.

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FAQ

Complaint. A lawsuit begins when a plaintiff (the party suing) files a complaint against a defendant (the party being sued.) Answer. The answer is the defendant's written response to the plaintiff's complaint. Counterclaim. Cross-claim. Amended Pleadings.

Hearing on a motion is Motion Hearing. A Motion is a request asking a judge to issue a ruling or order on a legal matter.At a motion hearing, each party can argue its position and the judge can ask specific questions about the fact or law. After hearing the judge decides the motion and this is called an order.

The day before the hearing you should prepare an accordion folder or a similar receptacle that includes all of the information that you will want to have with you. You should have a copy of your motion, a copy of the opponent's brief, copies of your chief cases and copies of your opponent's cases.

In effect, in both kinds of cases, the lawyer asks the judge to direct a verdict for the defendant. The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.

A hearing for the purpose of asking a judge to issue a ruling or order. The motion is typically filed by one side and a notice is sent to the opposing attorney who responds in writing.

You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You serve (mail) your motion to the other side.

Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.

A pleading demands that the other party do something, while a motion requests that the judge in the case do something. These documents can be filed with the court before, during, or after the trial, though pleadings are typically filed at or near a case's outset.

A motion is a written request or proposal to the court to obtain an asked-for order, ruling, or direction.Courts usually have specific requirements for filing a motion, so either consult your attorney or look up the local court rules to understand what you will need as you move forward.

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New York Affidavit In Support of Motion For Contempt