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14 Cards in this Set
- Front
- Back
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You can make a motion by filing
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(1) a notice of motionor (2) an order to show cause, never both
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Deadlines for service of cross motion
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Deadline for service of motion w/ demand
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deadline for service of motion w/o demand
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When filing a motion, must file
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- Motion papers
Notice of motion OR order to show cause Attorney’s affirmation, w/ exhibits Client’s & Witnesses affidavits, w/ exhibits - Memorandum of law - Proof of service - Request for Judicial Intervention + check forRJI filing fee ($95) (if no Judge assigned yet)· Check for motion filing fee ($45) |
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Order to Show Cause
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Serves same purpose of notice of motion EXCEPT canbe used to get the motion decided earlier than the usual notice requirementwould allow
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Order to show cause can be used
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when required by statute or rule
To shorten respondent’s time to respond tomotion; OR When immediate relief is required |
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What if a court's decision says "submit order"
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o Winner draft an order reflecting the decision,serve the other side draft order, copy of decision(?), and deliver to the courtconcurrently.
o The winner of the motion has to file the draftorder W/in 60 days of the decision |
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What if a court's decision says "settle order" or "submit order on notice"
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o Winner drafts order and serves notice ofsettlement, copy of decision, and order to other side, subsequently file order
o Opposing party must be served 5 days beforefiling if personally served, 10 days if mailed o the winner of the motion has to file the draftorder W/in 60 days of the decision |
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What if the party that wins the order fails to draft an order
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the decision may be deemed abandoned (opponent must so move)
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Notice of entry
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o Once order is made, winner serves notice ofentry of order on the other side
o No deadline |
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What if the order does not reflect the decision
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First appeal the original order, then file motion to resettle
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Motion to renew
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must
o Be based upon new facts not offered on the priormotion that would change the prior determination or shall demonstrate thatthere has been a change in the law that would change the prior determination; AND o Contain reasonable justification for the failureto present such facts on the prior motion No deadline Apealable |
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Motion to reargue
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· Basis: Court overlooked something
· Deadline: Within time to appeal original order · Appealable? Only if granted |
