What is a notice of motion in New York?

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.

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Motion of Defendant Requesting Court to Reconsider an Order and...

Nassau New York Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff

Name: Nassau New York Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff
Brand: US Legal Forms
Rating: 4.69 (455 reviews)

Category:

Civil Procedure - Reconsideration

State:

Multi-State

County:

Nassau

Control #:

US-01057BG

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Instant download

Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. A motion may be directed strictly to a procedural defect or matter. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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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.

A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.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.

Related Content. A form that a party files in an action that has not yet been assigned to a judge. The RJI is a request for the court to become involved in the matter and will result in the assignment of a judge, who will then preside over the action until its end.

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.

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.

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.

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 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.

The present rules allow the filing of a Motion to Dismiss on the basis of (a) lack of jurisdiction over the person of the defendant; (b) lack of jurisdiction over the subject matter; (c) improper venue; (d) lack of capacity to sue; (e) pendency of action between the same parties for the same cause; (f) cause of action

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.

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Affidavit of Patrick L. Wynne , Read in Support of Motion to Reconsider and Renew .

Nassau New York Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff

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