Suffolk New York Motion for Continuance

State:
Multi-State
County:
Suffolk
Control #:
US-00872
Format:
Word; 
Rich Text
Instant download

Description

This is a Defendant's Motion for Continuance. This is used to postpone the original court date. It may be modified to suit your particular needs.

A Suffolk New York Motion for Continuance is a legal document filed by a party in a lawsuit or legal proceeding in Suffolk County, New York, requesting the court to postpone or delay the scheduled trial, hearing, or other legal proceedings. This motion is typically filed when the party needs more time to adequately prepare their case, gather evidence, or secure witnesses. The Suffolk New York Motion for Continuance is an essential tool in the legal system, allowing both plaintiffs and defendants to ensure a fair and just process by granting them sufficient time to effectively present their arguments and evidence. Keywords: Suffolk New York, Motion for Continuance, legal document, lawsuit, legal proceeding, Suffolk County, postpone, delay, trial, hearing, preparation, evidence, witnesses, fair, just, process. Types of Suffolk New York Motion for Continuance: 1. Pre-Trial Continuance Motion: This motion is filed by either the plaintiff or defendant before the trial commences, as they require additional time to prepare their case thoroughly. It could be due to unforeseen circumstances, complex legal issues, or the need to gather crucial evidence or expert witnesses. 2. Discovery Continuance Motion: This motion is filed when one party needs an extension to complete the process of discovery, which involves gathering and exchanging evidence relevant to the case. The requesting party may seek additional time to conduct depositions, request documents, or obtain expert opinions. 3. Subpoena Continuance Motion: If a party is facing difficulty in obtaining necessary witnesses or documents before the trial, they can file a subpoena continuance motion. This motion seeks to postpone the proceedings until the requested witnesses or documents are available. 4. Medical Continuance Motion: In cases where a party's physical or mental health is a concern, a medical continuance motion may be filed. This motion provides additional time for the party to recover or seek appropriate medical treatment before the trial or hearing takes place. 5. Emergency Continuance Motion: An emergency continuance motion is filed in urgent situations where proceeding with the scheduled trial or hearing would cause irreparable harm to one of the parties involved. This motion requires demonstrating the immediate need for a delay and justifying the potential harm if a continuance is not granted. It's important to note that these types of motions may vary depending on the specific rules and procedures followed in Suffolk County, New York. It is advisable to consult with an attorney who specializes in Suffolk County law to fully understand the requirements and procedures related to filing a Motion for Continuance.

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FAQ

To bring, carry, or send back; to restore, redeliver, or replace in the custody of someone. Merchandise brought back to a seller for credit or a refund. The profit made on a sale; the income from an investment.

This is sometimes called the return date, or the date the motion is returnable. The party making the motion (moving party) chooses the date the motion will be heard by the court. When you choose the date, you must pick a date that gives the other side at least 8 days of notice.

A Notice of Motion is like the invitation to the party. It tells the court and the other side what the party is for, the time, date and place, and when to RSVP. This is called the relief sought, the return date and the time for service of answering papers/CPLR 2214(b).

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.

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.

A : a day on which the defendant in an action or proceeding is to appear in court (as for arraignment) b : a day on which the defendant in an action must file an answer.

To request a continuance, you (the party seeking the continuance or "the moving party") should submit a written request (a "motion") at least seven (7) days before the event. Your request should include: The reason why (good cause) you need to postpone and how long you have known the good cause.

Definition of returnable (Entry 1 of 2) 1 : legally required to be returned, delivered, or argued at a specified time or place a writ returnable on the date indicated. 2a : capable of returning or of being returned (as for reuse) returnable beer bottles. b : permitted to be returned sale items are not returnable.

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.

More info

Fill out all sections of this form except the Order section and file it with the Clerk of the. Intheblanks form authorizing an individual filing agent to efile documents on behalf of a single attorney.Motion for Continuance. And Instructions for Completing the Form. Law reports, digests, etc3 On the 22d day of October the following motion was filed : Plaintiff's Motion to Amend Declaration .

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Suffolk New York Motion for Continuance