This form is a motion for reconsideration filed by the plaintiff in a personal injury action requesting the court to amend its prior judgment and include in its award pre-judgment interest.
New York Motion for Reconsideration - Personal Injury
State:
Multi-State
Control #:
US-PI-0222
Format:
Word;
Rich Text
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How to fill out Motion For Reconsideration - Personal Injury?
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FAQ
Local Rule 56.1(d) provides as follows: ?Each statement of material fact by a movant or opponent must be fol- lowed by citation to evidence which would be admissi- ble, set forth as required by Federal Rule of Civil Proce- dure 56(e).? 20.
For example, a motion to preclude asks the court to ban the testimony or evidence from being used in the case. A motion to strike asks the court to ban a pleading, like an Answer, from being used. See CPLR 3126. A motion for contempt asks the court to fine and/or jail the other side for ignoring the court's order.
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.
CPLR 3126 permits a court to impose discovery sanctions which include, but are not limited to, the preclusion of evidence, where a party refuses to obey an order for disclosure or willfully and contumaciously fails to disclose information which the court finds ought to have been disclosed (see Galarza v 25 Hope St.
This fundamental principle is reflected in CPLR 3126, which permits the court to sanction a party who ?willfully? fails to participate in discovery. The most extreme and, therefore rarely granted sanction, for discovery dereliction is to strike a party's pleading.
Motion to reargue: A request to a Judge to talk about an issue in a case again. motion to renew: A request to a Judge to reconsider his or her decision based on new proof or additional proof not used the first time around.
Under CPLR 2214(b), a notice of motion must be served at least eight days in advance of the motion date. Five additional days are added when service by mail is used. Responding papers are due two days before the motion date.
Motions to reargue, under CPLR 2221(d), are motions that allege that the Supreme Court in its previous decision misconstrued the facts or the law in its previous decision. A motion to reargue needs to be brought within 30 days from the service of the notice of entry of the order that is being reargued.
A: Rule 500.24 provides that a notice of motion seeking reargument must be served not later than 30 days after the appeal or motion sought to be reargued has been decided, unless otherwise permitted by the Court.