Motions in State Court
7 days prior to the return date.
What is the timing for answering a "16 day motion"?
Local Rule 6.1 indicates 14 days.
What is the time period given to answer a motion?
CPLR 2214
What is the main rule that governs motion timing in State Court.
Making at least 3 attempts when trying to effectuate service of process.
What is due diligence that must be carried out before resorting to substituted service?
Complaint, Answer, Counterclaim, Crossclaim and Reply.
What are the pleadings?
When you need a judge assigned to your case.
What is when do you file an RJI (Request for Judicial Intervention).
When the material you want to file is confidential.
When would you apply for a sealing order?
SDNY/EDNY Local Rule 6.1
What is the main local rule that governs motion timing in Federal Court?
When a process server gives the papers to a responsible person other than the intended recipient.
What is "suitable age and discretion service"?
If no prejudice is shown, then it should be freely granted.
What is the ability (standard) to amend your pleading?
Move the date to the next business day.
What do you do when the return date of a motion falls on a holiday or weekend?
SDNY/EDNY Local Rule 11.1 or your Judges Individual Rules.
What is the rule(s) that governs the form of motion papers?
CPLR 308.
What is the rule that governs service of process in State Court?
10 days after the affidavit of service is filed.
When is service "complete" in a substituted service situation?
These are permissive in State Court but not in Federal Court.
What are counterclaims?
When the period of time to be counted is 2 days or less.
When would you not count a weekend or holiday when computing response time?
A motion whose disposition will end the case.
What is a dispositive motion?
Civil Practice Law and Rules.
What does CPLR stand for?
30 days after the summons and complaint is served.
What is how much time you have to answer a complaint that was served outside of New York State?
What are Personal, Subject Matter, and In Rem.
What are the 3 types of jurisdictions?
An application to the court for an order.
What is a motion?
An Individual Judge's Rule that requires motion papers to be filed only after the motion is fully briefed.
What is the bundling rule?
Where you will find specific preferences/rules for a particular Judge.
What is the Judge's Individual Rules.
Service on a Sunday and sometimes on a Saturday.
What is when service of process is void?
Where a corporation's ties to the State are so constant and pervasive as to render it essentially at home in the foreign state.
What is the "At Home" Doctrine?