A Nassau New York Motion for Continuance is a legal document filed by one party in a court case to request a postponement or delay of a scheduled hearing or trial. This motion is typically filed when there are valid reasons that prevent a party from proceeding with the case on the originally scheduled date. There are several types of Nassau New York Motion for Continuance that can be filed, depending on the specific circumstances of the case. These may include: 1. General Motion for Continuance: This type of motion is filed when there is a need for additional time to prepare for the case, gather evidence, or secure witnesses. It is commonly used when a party requires more time to adequately present their position. 2. Medical or Health-Related Motion for Continuance: This motion is used when one of the parties is unable to participate in the scheduled court proceedings due to a medical condition or health-related issue. It may involve providing medical records or a doctor's statement to support the request for a delay. 3. Conflict of Schedule Motion for Continuance: If an attorney or a key participant in the case has a scheduling conflict, such as being involved in another trial or having a prior commitment that prevents their attendance, this type of motion can be filed. It highlights the conflicting dates and requests a new hearing date that accommodates the conflict. 4. Discovery-Related Motion for Continuance: When one party requires additional time to complete the discovery process, which involves gathering evidence and exchanging information with the opposing party, they can file this motion. It may be based on the complexity of the case, the volume of information to be reviewed, or the need for expert analysis. 5. Settlement Negotiation Motion for Continuance: If the parties are actively engaged in settlement negotiations and believe that additional time could lead to a resolution outside of court, this motion can be filed. It emphasizes the importance of attempting to reach an agreement before continuing with the litigation process. When filing a Nassau New York Motion for Continuance, it is crucial to provide a detailed explanation of the reasons behind the request, along with any supporting evidence or documentation. The motion should be submitted to the court well in advance of the scheduled hearing or trial, usually following the guidelines set by the local court rules. The opposing party will have the opportunity to respond to the motion, and ultimately, the decision to grant or deny the motion rests with the presiding judge.
Nassau New York Motion for Continuance
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Nassau County Supreme Court. Expanded mandatory program to include all civil actions and proceedings, (except those specified), to be electronically filed, effective December 22, 2021. This measure was adopted on December 22, 2021, with an effective date of December 22, 2021.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.
File the Motion Papers File in the Motion Support Office of the Nassau County Supreme Court, 100 Supreme Court Drive, Mineola, NY, 11501, Room 186: The motion papers, with proof of service, at least five business days before the original return date.
- If the need arises to file an emergency Order to Show Cause while waiting for the matter to be converted, you can contact the County Clerk's Office to ask for expedited processing (516-571-2660). - All motions and Orders to Show Cause shall be efiled through NYSCEF.
The redelivery of a writ, notice, or other form of legal process to the court after its proper service on the defendant or after it cannot be served. For example, the Federal Rules of Civil Procedure require a plaintiff to begin an action in federal court by preparing a complaint and giving it to the court.
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.
Making an Order to Show Cause 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.
A. A notice of motion is the most common type of written motion and is governed by CPLR 2214(a), (b) and (c). In a "notice of motion" the moving party sets the date of the motion and serves a copy of the motion before its filed with the court.
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. Some Judges will mail you a copy of the decision if you give them a self-addressed stamped envelope.