Affidavit Move Page
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What does it mean when a motion is returnable?
The party making the motion is called the movant. The Notice of Motion tells the other side the date the motion will be heard by the court. This is sometimes called the return date, or the date the motion is returnable.
What does it mean for a motion to be returnable?
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.
What does making a motion mean in court?
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case.
How many days do you have to respond to a motion?
(A) Time to file. Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.
What is a return date in court?
The term Return date means the day named in a writ or other form of legal process as the date when the response to that paper must be made. Return date, in case of divorce cases is the date on which the stipulated waiting period for a divorce begins. It is also the date by which the defendant should file an appearance.
What is a motion return date?
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. ... If you are serving the motion by mail, the hearing date should be at least 21 days after the motion papers are mailed.
How long does a judge have to rule on a motion New York?
The cross-motion must be served on all parties at least three days before the motion date, and should be filed with the court as soon as possible to make sure that it is put on the court's calendar.
What CPLR 3212?
110 CPLR 3212(b) (Supp. 1979) provides: A motion for summary judgment shall be supported by affidavit, by a copy of the. pleadings and by other available proof, such as depositions and written admissions.
What is a motion record?
A Motion Record shall contain a table of contents, a copy of the notice of motion, all affidavits, relevant examination transcripts, and any other material in the court file that is necessary for the hearing of the motion. A sample Motion Record is attached as Appendix B.
What is an affidavit to show cause?
An Order to Show Cause must be supported by an Affidavit. An Affidavit is a sworn statement made before the clerk or notary public which explains to the court why your request should be granted.
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