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.
A motion to vacate for lack of service is a legal procedure taken in the Rochester, New York court system in response to a lack of proper service in a lawsuit. When a complaint is filed, the plaintiff is required to serve the defendant with a copy of the complaint and a summons to appear in court. If the defendant was not served properly, they can file a motion to vacate, asking the court to nullify any previous rulings due to the lack of proper service. In Rochester, New York, there are different types of orders on motion to vacate for lack of service that can be issued by the court. These include: 1. Order to Show Cause: This type of order requires the defendant to appear in court and provide convincing evidence to support their claim that they were not served properly. The court will then decide whether to vacate any previous rulings based on the evidence presented. 2. Temporary Order of Stay: In some cases, the court may issue a temporary order of stay, which suspends any further proceedings until the issue of lack of service is resolved. This allows time for the defendant to file a motion to vacate and for the court to make a decision. 3. Order of Vacated: If the court determines that there was indeed a lack of proper service, they may issue an order of vacated. This order nullifies any previous rulings, such as default judgments, that were based on the lack of response from the defendant. 4. Order for Alternative Service: If the court finds that there was a lack of proper service but still wants to proceed with the case, they may issue an order for alternative service. This order specifies alternative methods for serving the defendant, such as through publication in a local newspaper or via certified mail. It's important to note that the specific procedures and terminology may vary depending on the jurisdiction within Rochester, New York. It's crucial for individuals involved in a motion to vacate for lack of service to consult with an experienced attorney familiar with Rochester's local rules and practices ensuring proper procedures are followed and their rights are protected.A motion to vacate for lack of service is a legal procedure taken in the Rochester, New York court system in response to a lack of proper service in a lawsuit. When a complaint is filed, the plaintiff is required to serve the defendant with a copy of the complaint and a summons to appear in court. If the defendant was not served properly, they can file a motion to vacate, asking the court to nullify any previous rulings due to the lack of proper service. In Rochester, New York, there are different types of orders on motion to vacate for lack of service that can be issued by the court. These include: 1. Order to Show Cause: This type of order requires the defendant to appear in court and provide convincing evidence to support their claim that they were not served properly. The court will then decide whether to vacate any previous rulings based on the evidence presented. 2. Temporary Order of Stay: In some cases, the court may issue a temporary order of stay, which suspends any further proceedings until the issue of lack of service is resolved. This allows time for the defendant to file a motion to vacate and for the court to make a decision. 3. Order of Vacated: If the court determines that there was indeed a lack of proper service, they may issue an order of vacated. This order nullifies any previous rulings, such as default judgments, that were based on the lack of response from the defendant. 4. Order for Alternative Service: If the court finds that there was a lack of proper service but still wants to proceed with the case, they may issue an order for alternative service. This order specifies alternative methods for serving the defendant, such as through publication in a local newspaper or via certified mail. It's important to note that the specific procedures and terminology may vary depending on the jurisdiction within Rochester, New York. It's crucial for individuals involved in a motion to vacate for lack of service to consult with an experienced attorney familiar with Rochester's local rules and practices ensuring proper procedures are followed and their rights are protected.
