Mar 17, 2015 · Supreme Court Motion and Application Practice. Most motions and applications made to the Supreme Court involve routine matters of procedure that don’t go to the merits of a case – such as a request for enlargement of a filing deadline or to dispense with the preparation of the joint appendix. Rules 21 and 22 generally govern these submissions.
Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at 9:30 AM. There are some differences in electronically-filed cases, which are noted below and explained in the …
Steps to Requesting a Continuance. 1. Have a Good Reason. The first thing you will need to request a continuance is a valid reason. This reason could be scheduling conflicts or the inability to acquire necessary documents before the assigned date. You will be required to explain your reason in your request.
the motion because the trial court lacks the power to order a new trial on its own motion. CCP §657; Fomco, Inc. v. Joe Maggio, Inc. (1961) 55 Cal.2d 162. The motion for new trial contains so many traps for the unwary that one California Supreme Court justice has called it a "procedural minefield." Sanchez-Corea v.
A motion can be used to ask the court for anything that a party needs in a case. There are many different kinds of motions. This section lists some of the motions that happen in court a lot. To learn how to make a motion, read How to Ask the Court for Something.
In a motion for summary judgment one side asks the court to decide the case based on arguments made in court papers. The moving side argues that there are no facts in dispute and a judgment should be granted without a trial. If the court decides that there is no question of the facts and the law, then the court can grant summary judgment. If the court grants summary judgment on all the claims, then the case is over. If the court finds it needs more information to decide the facts, then the summary judgment motion will be denied and the case will go on to a trial.
This is called a dismissal without prejudice. Other motions to dismiss ask for dismissal with prejudice. This means that the case can’t be started again. For example, if the case is legally time barred by the statute of limitations or the plaintiff or petitioner does not have the right to start the case. Read CPLR 3211.
If the court grants summary judgment on all the claims, then the case is over. If the court finds it needs more information to decide the facts, then the summary judgment motion will be denied and the case will go on to a trial.
Discovery Motions. While both sides are preparing for trial by exchanging information, motions can be used to ask the court to decide any discovery problems. For example, a party can make a motion to ask to allow him or her not to give the other side the discovery that was asked for.
Court cases can be decided in a number of ways. Most cases never have a trial . A motion for summary judgment can decide all or part of a case. Either side can make a motion for summary judgment after an Answer has been filed in the case. In a motion for summary judgment one side asks the court to decide the case based on arguments made in court ...
There are two main reasons when the court can vacate the default judgment: if there was bad service, or if there is both a good reason why the party defaulted and the party has a good reason why the other side should not win the case. For information on how to make this motion, see Vacating a Default Judgment.
When papers have been submitted to the General Clerk's Office in the manner described above for the purpose of calendaring a motion/petition, the staff will review the papers for form (e.g., to be sure that proof of service has been filed in a hard-copy case, that the motion/petition has been made returnable in the Motion Submission Part Courtroom (Room 130) on a business day at 9:30 AM). If any defects in the papers are found, the staff will note those defects for counsel. The papers will not be "rejected" (CPLR 2102 (c)) except as permitted in e-filed cases and as allowed by Uniform Rule 202.5 (d). Defects noted by the clerk but not corrected by counsel may be brought to the attention of the assigned Justice. In e-filed cases, required working copies that do not bear a Confirmation Notice and permitted hard copies that do not bear a Notice of Hard Copy Submission - E-Filed Case will be rejected by the clerk, as provided in the rules.
Attorneys may obtain information on the status of a motion or special proceeding by consulting the Supreme Court Records On-Line Library ("Scroll"). Attorneys may obtain e-mail notification of court developments with regard to a motion or special proceeding -- calendaring, adjournments, argument date, submission date, issuance of decision, issuance of a long form order -- by signing up with the court system's e-Track case notification service. This service will provide the same notification for all other developments -- e.g., conference dates, trial dates -- recorded in the court's case history computer program. Any attorney may list one case with e-Track or all of his or her cases pending in the court, and in other courts as well. The court will not provide notice of the developments by mail and so counsel are strongly encouraged to make use of e-Track. There is no charge for the service. Visit e-Track to sign up.
A motion fee must be paid on motions made in writing by notice of motion, order to show cause or ex parte after the commencement of an action. For this purpose, the term "action" shall mean any application to the court that requires the assignment of an index number, regardless of whether a formal pleading is filed.
An RJI seeking assignment to the Commercial Division shall be filed within 90 days after service of the complaint. Failure to so file generally precludes a party from seeking such an assignment. See Uniform Rule 202.70 (d)and (e).
Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at 9:30 AM. There are some differences in electronically-filed cases, which are noted below and explained in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases on this site (under E-Filing ). E-filing through the New York State Courts Electronic Filing System ("NYSCEF") is mandatory in all cases (except for Article 70 (habeas corpus) proceedings, Article 78 proceedings, and election law, matrimonial, and Mental Hygiene Law matters.) E-filing is consensual in uncontested matrimonial cases and Article 78 proceedings.
Cross-motions, papers in opposition, and reply papers on motions/petitions on notice returnable in Room 130 in a hard-copy case shall be submitted to the Motion Submission Part Courtroom (Room 130) on the final return date of the motion/petition and will not be accepted until that date. Subsequent documents on motions/petitions in e-filed cases shall be e-filed in a timely manner. Working copies when required shall be submitted to Room 130 on the final return date.
Where counsel seeks to make a motion affecting more than one case using a single set of papers, the moving papers should bear only one caption and index number, that of the case in which the motion is being made, which may be the principal case of the group involved.
Another way to continue a hearing is to make a verbal request to the judge, which usually occur s at the beginning of the court session. Obviously, this will only work if you are able to physically attend the hearing, at least briefly.
Steps to Requesting a Continuance. 1. Have a Good Reason. The first thing you will need to request a continuance is a valid reason. This reason could be scheduling conflicts or the inability to acquire necessary documents before the assigned date. You will be required to explain your reason in your request.
The information you require to file a Request for Continuance, including your docket number, can be found on the original subpoena that was issued to you. If you no longer have access to that document, the information can be accessed through the court clerk.
Particularly in family law matters, hearings can be continued via stipulation. This means both parties sign an agreement to continue the hearing to a specific date. This request is then reviewed and signed by the judge, and filed by the court.
People can go to family law court for a variety of reasons, such as: settling property issues in divorce cases, disputing custody schedules, or determining proper spousal or child support arrangements.
Make certain you cannot resolve the scheduling conflict on your own before requesting a continuance. The court will ultimately decide whether or not your request will be granted based on the reason you have provided. Scheduling conflicts can be a valid reason to issue a continuance.
Not only do you need to inform the Plaintiff of your request to continue the hearing, but you'll also need to let the court know that you did so. In most cases, you will file the Proof of Service along with the request.
The Answer is the defendant’s opportunity to admit or deny the specific allegations brought against them in the complaint. Any statements in the complaint that are not denied will be taken as true for the purposes of this case.
With a Motion to Strike, the defendant asks the court to eliminate specific parts of a pleading, including phrases or individual words. In limited jurisdiction cases (under $25,000), parties may only use this motion to attack the “prayer” portion of the complaint, where the plaintiff states the amount of money or relief being requested.
Motion to Change Venue or a Motion to Transfer asks the court to move the case to another court. This can be a court in another county or a different type of court.
Demurrer is used to tell the court that the allegations in the complaint do not provide legally sufficient reason for the defendant to be sued. A Demurrer questions only the legal sufficiency of the allegations, not their truth or the plaintiff’s ability to prove them. In the Demurrer, the defendant must state the ways in which the complaint is legally insufficient.
This means that the other 7. Community Resources ............. 6party wins the case, and the court will not consider anything you have to say. The other party can begin enforcing this judgment by garnishing your wages, placing liens on your property, or levying your bank accounts. For more information, see the Legal Research Guide on Enforcement of Judgments on our website at
If you have a claim that arises out of the same transaction, occurrence, or series of events as the plaintiff’s lawsuit, you must file a Cross-Complaint with your Answer. If your Cross-Complaint is not filed before or at the time you file your Answer, you will need to file complicated paperwork to ask the judge for permission to file your Cross-Complaint.
A motion is essentially a legal request to a judge asking for a decision about a case. This specific request varies depending on the person filing the motion, or moving party's, goals in filing the motion. Typically, your lawyer will file any necessary motions for you.
Write the memorandum using the law and legal precedent to plead your case. This is your opportunity to argue the reason why you are motioning the court. This is the time to explain why the law supports your motion and convince the judge to grant your motion.
Contact the court you are petitioning for information about specific forms you may be required to file with your motion as well as for more information about that particular court's filing process.
Capitalize your title head. Begin the legal motion by writing an appropriate title in all capital letters. The title should clearly explain your motion. For example:
This should include the name of court you are petitioning, the names of the plaintiff and defendant, the case number and name of the judge you are motioning. Here is an example of a header:
If you are representing your own case, then you are not legally required to have an attorney draft a motion for you. Some common legal motions include motion to dismiss, motion to strike and motion for summary judgment.
While you may get a resistant judge to recuse by filing a valid complaint with the Commission on Judicial Tenure and Discipline just prior to your hearing for recusal, the complaint and the recusal must be for valid reasons other than personal dislike for a judge. Judge shopping is strongly frowned upon. Also, be prepared to be shocked to find out how much latitude is given in the area of judicial conduct. Fasten your seatbelt and read this page for examples.
The above mentioned Judge has in the past deliberately violated other litigant's personal liberties and/or has wantonly refused to provide due process and equal protection to all litigants before the court or has behaved in a manner inconsistent with that which is needed for full , fair, impartial hearings.
You bring in a crowd, or at least some people - Public Opinion is all that elected officials fear . In Oregon, there is a statute that "allows" you to recuse two judges "for cause", and you can use this. I think other states are similar. You make a written Motion, and you spell out in a paragraph or two the corrupt things the judge has done, name names, events, etc. Don't go on too long - hit on the judicial rights violations he committed against you like not providing discovery, refusing to allow your witnesses, withholding evidence for your defense, refusing to answer questions, whatever. And go file it in your case number at the court.
The United States Constitution guarantees an unbiased Judge who will always provide litigants with full protection of ALL RIGHTS. Therefore, Petitioner respectfully demands said judge recuse themselves in light of the evidence attached as Exhibit 1 detailing prior unethical and/or illegal conduct or conduct which gives Petitioner good reason to believe the above Judge cannot hear the above case in a fair and impartial manner.
The above is applicable to this court by application of Article VI of the United States Constitution and Stone v Powell, 428 US 465, 483 n. 35, 96 S. Ct. 3037, 49 L. Ed. 2d 1067 (1976).
Those are some of our experiences - the bottom line is that in a way, if you turn it against them, it doesn't matter if they insist on not recusing themselves. It is a definite conflict of interest to stay on a case having a conflict of interest as you spell out in your Motion.
Note: In Rhode Island it is customary for a judge to recuse himself if there is a complaint pending with the state's Commission on Judicial Tenure and Discipline. Check your area and jurisdiction. There are 2 factors to consider.
A Motion to Dismiss is prepared through a Motion to Dismiss form. The Motion to Dismiss form is contains the information about the case and the reason that the defendant is asking for the case at hand to be dismissed. During a pretrial conference called by either party or the judge, a Motion to Dismiss can be presented.
A Motion to Dismiss is often filed with the court at the earliest stages of the lawsuit, typically before either party has conducted their discovery. This is done when the defendant believes a claim in the lawsuit is legally invalid, or there are legitimate grounds for throwing the case out of court. When a Motion to Dismiss is filed, information ...
A sworn, written statement of when, where, and how the documents were delivered must be filed with the court. In the event the defendant is not properly served, he or she can file a Motion to Dismiss based on insufficient service of process.
If the plaintiff fails to provide sufficient facts to, if taken on face value as being true, indicate that the defendant violated a law, or caused harm or loss due to negligence, he has failed to state a claim for which relief can be granted. In other words, if the complaint does not clearly say what the defendant did wrong, the court cannot grant any form of relief, and so the case does not need to be heard. For example, there is a company policy that employees greet one another in a friendly manner at work. Joe files a lawsuit claiming that Bob failed to say hello in passing. Bob can file a Motion to Dismiss, as failing to greet another person is not illegal, therefore there is no claim for which relief can be granted.
In February 2015, comedian Bill Cosby and his legal team filed a Motion to Dismiss a defamation lawsuit brought against him by three women, after he called them “liars” for claiming that he sexually assaulted them. Cosby makes the Motion to Dismiss based on the fact that such comments were made by his publicist and attorneys, not himself. Additionally, Cosby points out that the comments were made in self-defense, and could therefore not be considered defamation.
For example, if state law requires a plaintiff to bring a negligence case within two years of the date of the injury, and the plaintiff waits two years and two weeks, the defendant can file a Motion to Dismiss, asking the entire case be thrown out. If the court grants the motion, the plaintiff cannot be granted relief on the matter.
If a Motion to Dismiss a civil lawsuit is granted by the judge, the lawsuit is immediately ended. Grounds for dismissal upon a motion are governed in each jurisdiction ’s laws. To explore this concept, consider the following Motion to Dismiss definition.