Nassau New York Order Directing Service of Notice 12-97

State:
New York
County:
Nassau
Control #:
NY-383-C-2
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Description

This form is an official State of New York Family Court sample form, a detailed Order Directing Service of Notice.

Nassau New York Order Directing Service of Notice 12-97 is an important legal document that outlines the process and requirements for serving notice to individuals or entities involved in a legal proceeding in Nassau County, New York. This order is governed by the Nassau County Surrogate's Court and ensures that all parties involved in a case are properly notified and given the opportunity to respond or participate in the legal process. The primary purpose of Nassau New York Order Directing Service of Notice 12-97 is to establish the guidelines for serving notice to interested parties such as beneficiaries, heirs, creditors, or interested parties in a probate or estate administration matter. It is crucial to strictly adhere to the procedures outlined in this order to ensure that all parties entitled to notice are informed of the proceedings and can exercise their rights within the given timeline. The specific types of Nassau New York Order Directing Service of Notice 12-97 may vary depending on the nature of the case or circumstances. Some common variations may include: 1. Nassau New York Order Directing Service of Notice 12-97 (Probate Matter): This type of order is used in probate cases when notifying beneficiaries and interested parties of the probate process, allowing them to participate or contest the validity of a will. 2. Nassau New York Order Directing Service of Notice 12-97 (Estate Administration Matter): This order is utilized in estate administration matters to notify creditors, potential claimants, or interested parties about the administration of an estate, giving them an opportunity to file claims or object to the distribution of assets. 3. Nassau New York Order Directing Service of Notice 12-97 (Guardianship Matter): This type of order may be issued in guardianship matters, where interested parties such as relatives or potential guardians are notified and given a chance to express their opinions regarding the appointment of a guardian for a minor or incapacitated person. In summary, Nassau New York Order Directing Service of Notice 12-97 is a vital legal instrument for ensuring that individuals or entities involved in legal proceedings in Nassau County, New York, are properly notified and can actively participate in the process. The specific type of order will depend on the nature of the case, such as probate, estate administration, or guardianship matters.

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FAQ

Once a summons and complaint or summons with notice have been served, a defendant must respond in writing within a limited period of time. The response is sent to the plaintiff's attorney or directly to the plaintiff, if the plaintiff is appearing is self represented.

If the justice's decision says ?settle order or submit order on notice,? unless otherwise specifically directed by the court, the winning party must prepare the order, attach the order to a notice of settlement and serve it on the other parties to the lawsuit at least five (5) days before its settlement date ten (10)

An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief. For example, if a party requests a restraining order from a judge, the judge may need more information.

There are three ways to deliver legal papers to start a case. Personal delivery. The papers are handed to the defendant or respondent.Substituted delivery. Papers are left with someone else to give to the defendant or respondent and copies of the papers are mailed.Conspicuous delivery.

In the case of service by email, a specified method can be agreed so that the receipt of court documents may be managed and monitored properly. Service of documents by email is 'opt-in'. Simply because correspondence is sent by email between the parties does not mean a court document may be served by email.

An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision. The OSC tells the court and the other side what the movant wants the Judge to do.

It wasn't until 2008 that a case became a precedent for ?e-service? in New York's civil court. So to answer the question of whether it is possible to serve defendants through email, the short answer is yes.

If the justice's decision says ?settle order or submit order on notice,? unless otherwise specifically directed by the court, the winning party must prepare the order, attach the order to a notice of settlement and serve it on the other parties to the lawsuit at least five (5) days before its settlement date ten (10)

The usual way to file a motion in the State of New York is called a Motion on Notice. Before a motion will be heard by a Judge, the Plaintiff must serve Defendant eight days before the motion is heard by a judge. The notice is 13 days when the defendant is served by mail.

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.

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Nassau New York Order Directing Service of Notice 12-97