A New York Notice of Appearance is a document that is filed with the court in New York to inform the court that a person or organization will be representing themselves in a legal matter. The Notice of Appearance is typically used by attorneys, but may also be used by non-attorneys such as parties or other representatives. There are two types of New York Notice of Appearance: a Notice of Appearance for a Party and a Notice of Appearance for an Attorney. The Notice of Appearance for a Party is used by the party themselves to inform the court of their involvement in the case. The Notice of Appearance for an Attorney is used by an attorney to inform the court that they will represent a party in the case. Both types of Notices must include the name and address of the person or organization filing the document, the name of the court, the case number, and the name of the party to be represented.
New York Notice of Appearance
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FAQ
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
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.
A movant requesting an order on an expedited basis must file a motion entitled ?Urgent Motion? and must call to the attention of the clerk of the urgent filing on the day that it is filed.
There is a process for making a motion without giving notice. This type of motion is called an ?Order to Show Cause.? This alternative motion does not have to wait eight days and can be heard at any time the court directs. In real emergencies, the court may even hear a motion in a matter of hours.
Any party may file the note of issue after issue is joined, but the plaintiff typically files it. The note of issue must be accompanied by a certificate of readiness and conform to the requirements of 22 NYCRR § 202.21.
A Proposed Order to Show Cause (OSC) is a request for a court order that can only be made after a lawsuit has been started. The party (plaintiff or defendant) presenting the Proposed Order to Show Cause is known as the movant. - There is a $45 fee to file a Proposed OSC with the court.
If you are the Respondent (a petition was filed against you) and you fail to appear as ordered, the judge may take your default and grant the petition without further hearings. Sometimes the court can have people arrested if they do not come to court when they are told.
Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.