You need a Notice of Motion, an affidavit with your arguments, an affidavit of service, and a blueback. You have to serve it on the prosecutor and file the original in court. Technically, you can't do the service because you are a party to the case.
Full Answer
An attorney whose office is located outside the County of New York may submit to the General Clerk's Office by mail or express delivery service the notice of motion/petition, proof of service, and 202.7 affirmation/affidavit and the photocopy thereof, together with the motion fee ($45) in the form of a money order or attorney's check (a law ...
Apr 01, 2022 · This form is used to File a Partial Satisfaction of Judgment. Out of State/In State Subpoena Template (PDF) "Please be advised that it is not the responsibility or obligation of the Nassau County Clerk’s Office or the Nassau County Sheriff’s Office to …
The Nassau County Clerk accepts for filing certain federal, state and county licenses and certificates The office is responsible for: Recording Certificates of Release or Discharge from Active Duty (DD-214) and providing certified copies upon request Veterans Recognition Program - issues Veterans
May 20, 2015 · Before filing a motion in court without an attorney, check the court's website for a fill-in-the-blank form. If they don't offer blank forms, you'll have to draft your own. Once drafted, make 2-3 copies of your motion and supporting materials. Then, take the original motion and attachments to the court clerk to have it filed.
The above forms are either local Nassau County Family Court forms or enhanced versions of official statewide forms for use in Family Court proceedings. The links take you to a step by step computer program that walks you through preparing that particular petition which can …
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).
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.
To commence a special proceeding you need to file the following with the County Clerk's Office: (i) Notice of Petition or Order to Show Cause; (ii) Verified Petition; (iii) Application for Index Number form; and (iv) Request for Judicial Intervention (RJI) form.
In order to make a motion in the Court of Claims, you must prepare a set of "motion papers," serve a copy of the motion papers on the opposing party or the opposing party's attorney, and submit the original and two copies of the motion papers to the Clerk of the Court, with an Affidavit of Service (a sworn statement ...
A motion is a written or oral application to a court in a pending case seeking some sort of ruling or order. A petition, on the other hand, is always in writing, and is considered a pleading, used to commence a proceeding, or initiate a collateral one.
A Notice of Motion is a document that outlines the details of your legal proceedings. It is important that you understand these details and respond correctly. A Notice of Motion will be delivered and explained to you by the Sheriff. You will be asked to sign and confirm you have received and understand the notice.
An Article 78 proceeding is used to appeal the decision of a New York State or local agency to the New York courts. What can I do if I get a decision from a New York agency that I disagree with? If you disagree with an agency decision, you can appeal the decision to the New York courts.
(a) Applications to the court; venue. A special proceeding shall be used to bring before a court the first application arising out of an arbitrable controversy which is not made by motion in a pending action. (i) The proceeding shall be brought in the court and county specified in the agreement.
A special proceeding is a variety of lawsuit. It is bought on with the simplicity and speed of a motion. The special proceeding may be used only when authorized by law. One kind of special proceeding is the Article 78 proceeding, which seeks to challenge actions of administrative agencies and other government bodies.
If you want to file a motion, the process is generally something like this:You write your motion.You file your motion with the court clerk.The court clerk inserts the date and time your motion will be heard by the judge.You “serve” (mail) your motion to the other side.More items...
Decisions. 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.Jul 22, 2019
The initial moving party must file and serve a response to any cross-motion for summary judgment within 15 days after the service of that cross-motion or be deemed to have consented to the cross-motion for summary judgment.
All motions/proceedings brought on by notice of motion or notice of petition, in both assigned and unassigned cases, shall be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day at 9:30 A.M.
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.
On occasion, attorneys may wish to make a motion in more than one case on a single set of papers. In such cases, by definition consolidation will not have been directed since consolidation signifies the combination of more than one case into a single one with a single caption and index number and ending in a single judgment. If more than one case is set down for joint trial, on the other hand, the cases remain separate, will end in separate judgments and are merely tried together. 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. Counsel should not place a series of captions and index numbers on the single set of moving papers since this may lead to confusion and court staff will be unable to determine under which case to record the motion in the court’s computer and in which file to place the papers.
1. Check if the court has blank motion forms. Some courts have "check the boxes" or "fill in the blank" motion forms. Look for these forms on the court's website, or contact the clerk of the court where your case has been assigned. If your court does not have blank motion forms, don't use a blank form from another state.
A motion is a request for a court to do something in a case that is currently open in that court. Therefore, a motion can be filed only in a case that is open and still in progress.
The heading information is called the caption . Typically, the caption includes the name of the court, the name of the parties, and the case number. This information should always remain in the same form in all documents filed in your case, both in content and format.