How to file a notice of motion

A motion is a request to the state district court to issue an order for a specific purpose. Motions are made after the summons and complaint are filed with the court. Motions cannot be used to start a civil action. The party making the motion is called the moving party. The party answering the motion is called the opposing party. A required, written request to the court for an order. The motion document is a short, plain statement that includes the specific rules and laws that support the request.

A required, written explanation of why the moving party should have the motion granted. A brief takes the specific rules and laws that support the request and explains how they apply to the facts of a particular situation.

Facts referred to in the brief should also appear in the affidavit. A required, written statement of fact of the moving party. Schedule your hearing. While at the clerk's office, ask for a hearing date. If your court has a special method of scheduling motions, then the clerk will let you know.

Once your hearing is scheduled, fill in the blanks on the original and all copies of the Notice of Hearing. Serve your motion. Provide a copy of the motion to each defendant in the same manner that you said you were providing it in the Certificate of Service. Be sure to do this no later than 24 hours after filing your motion. Service by sheriff or by a private process server costs a fee. At the courthouse, you can ask how much service by the sheriff will cost.

Include your email address to get a message when this question is answered. You Might Also Like How to. How to. About This Article. Co-authored by:. Co-authors: 7. Updated: August 11, Categories: Court Practice and Procedure. Article Summary X Before filing a motion in court without an attorney, check the court's website for a fill-in-the-blank form. Thanks to all authors for creating a page that has been read , times.

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Eboni Davis Jan 5, Lee Lassiter Aug 2, Share yours! More success stories Hide success stories. Featured Articles How to. Trending Articles How to. The Notice of Motion tells the other side the date the motion will be heard by the court. This is sometimes called the return date, or the date the motion is returnable. This date is chosen by the movant. Choosing the date is the hardest part of making the motion. The Court Clerk can help you choose the date.

It matters if the papers will be delivered to the other side in person or by mail. This date must give the other side at least 8 days of notice. But, if the motion will be delivered by mail, the date must give the other side at least 13 days of notice.

If the motion will be delivered by mail, the hearing date should be at least 21 days after the motion papers are mailed. The date must be a day of the week that the court is available for motions. Beware, not every court in New York State hears motions every day of the week. The Notice of Motion must also list the full address of the courthouse, the courtroom number and time.

The court locater box can help you contact the court if you have questions about the date, address, courtroom and time. The Notice of Motion must also tell the court and the other side what the movant is asking the court to do. The OSC tells the court and the other side what the movant wants the Judge to do. For example, the OSC can ask the Judge to stop an eviction until the court date. This is called a stay. The OSC is given to the court for a Judge to review and sign. The Judge also fills in how you must deliver the OSC to the other side.

The Judge may cross-out or change the part that asks for help before the next court date. The movant may have to wait for the OSC to be signed, or the Clerk may say to come back. If it can be fixed, the movant can make another OSC. There are also some DIY Form programs that make the court papers. Both a motion and an order to show cause must have an Affidavit attached.

An Affidavit in Support is a sworn statement signed in front of a notary public that tells the court why a motion or order to show cause should be granted. The movant can file as many affidavits from as many people that he or she thinks will help the Judge decide to do what he or she wants.

The Affidavit should say:. Attach copies of any important papers that you talk about in your Affidavit to the motion or OSC. A motion may be made on the basis of written representations and without personal appearance of the parties: Rule This is a less expensive and more convenient option when the parties are in different cities, when the matter is not too complex, or when the parties agree on the outcome of the motion.

The moving party must serve and file a motion record containing, on consecutively numbered pages and arranged in the following order:. The motion record must be served and filed at least 3 days before the day set out in the notice for the hearing of the motion for a motion with personal appearance at a general sitting.

A responding party who objects to the motion being decided in writing may indicate in its written representations or memorandum of fact and law the reasons why the motion should not be dealt with in writing.