The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete. If the defendant fails to respond he or she is in default and plaintiff may be able to obtain a default judgment against the defendant. A.
These deadlines are found in CPLR §320(a) and are 20 or 30 days depending on how service was made. The action to be taken differs depending on whether the case started with a summons with notice or a summons and complaint.
Full
AnswerWhen to file a motion to dismiss a complaint in NY?
A timely motion to dismiss pursuant to CPI-R 3211 (a) extends a defendant's time to serve the answer. If the motion is denied, the case will continue, and the defendant must prepare an answer and have it served within 10 days from the date that the order denying the motion is served by the plaintiff upon the defendant, with notice of entry.
Can a defendant file a motion to dismiss instead of answer?
Jan 29, 2013 · Lawyers from our extensive network are ready to answer your question. 0 /150 Ask a Lawyer. ... How long does the District Attorney in New York State have to indict someone after arrest is made for a class C felony? Asked on Jan 29th, 2013 on Drug Crimes - New York More details to this question:
When does a defendant have to respond to a complaint?
When does a defendant have to respond to a summons?
How long does a judge have to answer a motion?
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.
How long does it take to hear back from a motion?
When will a motion be heard by the Court: A motion is heard on a 24 day cycle, meaning that when you file a motion, you can expect that your case will be scheduled before a judge within approximately 24 days.Mar 17, 2020
Can you file a motion to dismiss after filing an answer in New York?
Instead of responding to the complaint with an answer, the defendant may make a motion to dismiss the complaint. This motion must be made in timely fashion or the defendant will be in default. A timely motion to dismiss pursuant to CPLR 3211(a) extends a defendant's time to serve the answer.
Does a motion to dismiss stay discovery in NY?
Unless the Court orders otherwise, once a notice of Motion to Dismiss is served, all discovery in the case is stayed until “determination of the motion.”Apr 27, 2021
What is a noticed motion?
A noticed motion is a court-compatible document usually served (noticed) on the affected parties, and then entered and stamped by a court clerk. At a hearing, the court later makes its decision to either grant or deny the applicant's motion.Jun 12, 2018
How long does it take for a judge to rule on summary Judgement?
The advantages of Summary Judgment Whilst there is wide divergence from court to court, on average a summary judgment application will be listed approximately six to eight weeks after it is issued whereas most cases will take at least six months and often considerably more, to reach trial.
What happens if a defendant does not respond to a summons?
If you do not respond to a civil summons, the court can grant the other party judgment against you in the underlying case. This means the other side will automatically win. Failing to honor a criminal summons, by contrast, could lead to your arrest and even time in jail.Nov 28, 2018
How long do you have to answer a complaint in New York?
30 daysCPLR §320 prescribes the time periods for when a responsive pleading must be served. This is generally 20 or 30 days from completion of service (20 days when service is by personal delivery to the defendant within New York State, 30 days all other times).Mar 1, 2015
What is an affirmative defense in NY?
In an answer the defendant can deny the allegations of the complaint and, thus, disprove anything the plaintiff is required to prove. But a number of matters are not the plaintiff's burden to prove, but rather the defendant's burden to plead and prove. These are known as affirmative defenses.
When can a motion to dismiss be filed NY?
A motion to dismiss based on the following grounds can be made at any time: Lack of subject matter jurisdiction (CPLR 3211(a)(2)). Failure to state a claim (CPLR 3211(a)(7)). Failure to join an indispensable party (CPLR 3211(a)(10)).
Is a motion to dismiss a responsive pleading in New York?
Based on the statute's language and the legislative history, we conclude that a determination that a motion to dismiss is a responsive pleading is contrary to the statute.Jun 16, 2017
Does a motion for summary judgment stays discovery NY?
Stay of Discovery Unless the Court orders otherwise, once a notice of Motion for Summary Judgment is served, all discovery in the case is stayed until "determination of the motion." CPLR 3214(b).
Commercial Division Pre-Motion Teleconference
- Advance Notice of Motions
Before filing a motion in the Commercial Division, the moving party must--unless the motion is of a type specifically exempted from this requirement--advise the Court in writing, with notice to the opposing party. The "motion notice letter" must be no more than 2 pages long, and must outline …
Rules & Requirements
- Available to Any Plaintiff Or Defendant
> > Read More.. - Grounds For Motion to Dismiss a Claim
Under CPLR 3211, the following grounds will support dismissal of a claim or claim(s). Document Establishes Defense. A defense exists and can be demonstrated using documentary evidence. CPLR 3211(a)(1). No Subject Matter Jurisdiction. The court lacks jurisdiction over the subject m…
Stay of Discovery
- Stay of Discovery
Unless the Court orders otherwise, once a notice of Motion to Dismiss is served, all discovery in the case is stayed until "determination of the motion." CPLR 3214(b). > > Read More.. - Commercial Division-Court Will Determine Whether to Stay Discovery
> > Read More.. Consult Individual Justice's Rules Regarding Stay of Discovery Some judges have standing orders that limit, modify, or cancel the automatic stay of discovery under CPLR 3214 (b). Consult the individual justice's rules to be sure that a Motion to Dismiss stays discovery. Individ…
Filing & Service
- Electronic Filing Electronic Filing is required or permitted for some types of actions in some New York Supreme Courts. For more detailed information regarding electronic and traditional filing and service,seeNew York County Supreme Court SmartRules™ procedural guide: FILING DOCUMENTS and New York County Supreme Court SmartRules™ procedural guide: SERVICE OF PAPERS. > > …
Hearing & Disposition
- Oral Argument
A party seeking oral argument should include the request for oral argument in the Notice of Motion or on the first page of the answering papers. After all papers have been submitted the court may, at its own discretion or in response to a party's request for oral argument, make a det…
Effect on Trial
- Immediate Trial of Issues Raised in Motion
> > Read More.. Copyright © RPCD Holdings LLC 2003-2021 exclusive of the text of government codes. > > Read More..
Grounds
The following grounds will support dismissal of a claim or claim(s): Document Establishes Defense. A defense exists and can be demonstrated using documentary evidence. No Subject Matter Jurisdiction. The court lacks jurisdiction over the subject matter or the cause of action. Plaintiff’s Incapacity. The party ass…
Stay of Discovery
- Unless the Court orders otherwise, once a notice of Motion to Dismiss is served, all discovery in the case is stayed until “determination of the motion.” If the motion to dismiss is based solely on the defense that the summons and complaint, summons with notice, or notice of petition and petition was not properly served, discovery is not stayed unless the Court orders otherwise. In th…
Timing
- Timing requirements are very specific. Staying informed of these requirements is essential to meeting deadlines. Use SmartRules to ensure that you don’t lose a case because of a technicality.
Other Motion to Dismiss Rules
- Although more commonly utilized by a defendant to seek dismissal of some or all of plaintiff’s claims, a motion to dismiss may be filed by any party against whom a claim or defense has been asserted. Whether or not the issue has been joined the court may, after adequate notice to the parties, treat a motion to dismiss as a motion for summary judgment with res judicata effect. A …
SmartRules Motion to Dismiss Guides
- SmartRulesguides cover additional requirements, including: Briefing Schedules Unassigned Case requirements Cross Motions Moving Papers Request for Judicial Intervention Filing & Service Hearing & Disposition Originally posted April 22, 2009
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