New York Reply Affidavit

State:
New York
Control #:
NY-QNS-40
Format:
PDF
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Description

Reply Affidavit

A New York Reply Affidavit is a type of sworn document filed in New York courts in response to a summons or complaint. It is a legal document that allows the responding party to state their defense or explanation in a suit. There are two types of New York Reply Affidavits: an Answer and a Counterclaim. An answer is a response to the plaintiff's allegations, while a counterclaim is a claim made by the defendant against the plaintiff. Both Answer and Counterclaim affidavits must include a sworn statement of truth and must be signed and notarized. The reply affidavit must be filed with the court within twenty days of receiving the summons or complaint.

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FAQ

Submit Written Defense Online or by Mail: You may be able to respond to your summons by submitting your defense online or by mail. Please visit the Hearing Online page and the Hearing by Mail pages to learn if your summons is eligible.

If a motion is filed against you and you do not file a written opposition with the court, the judge could grant the other side's motion automatically. That means the other side could get whatever she is asking for in the motion. It also might mean you lose the case, depending on the motion that was filed.

An affidavit in reply can be defined as an affidavit served in court proceedings in which a deponent responds to another party's evidence where that party's evidence was itself in response to evidence served by the party serving the reply affidavit.

While the synonyms rejoinder and response are close in meaning, rejoinder can be a response to a reply or to an objection.

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.

Write the facts relevant to the motion. At the end of each sentence, write where evidence of that fact can be found. See the Instructions for more detailed information. Explain your response to each of the arguments made in the Motion.

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).

More info

Instructions: You may file a Reply Affidavit only to disagree with something new raised in the opposing affidavit. This affidavit is made for the purpose of obtaining a default judgment against the above named defendant. 3.These instructions explain the steps in more detail and answer common questions, but they are not a full guide to the law. Court Forms do not yet adhere to accessibility standards. To properly respond to a Motion, you will fill out the following forms: a. RESPONSE TO MOTION and an AFFIDAVIT. To satisfy a judgment in whole or partially. After your documents are served, you, or whoever served the documents, must fill out Form 6B: Affidavit of Service. Options for responding to the application served on you. There are a lot of reasons you might need to complete an affidavit.

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New York Reply Affidavit