NYP 8

1 APPLICATION FOR AN ORDER of the court. A motion on NOTICE gives the adversary an OPPORTUNITY TO BE HEARD

2 MUST INCLUDE the following papers

• notice of motion
• affidavits to support necessary factual allegations
• memorandum of law in support of the motion (i.e., the legal argument)

1 MOTION MADE when the required papers (notice, affidavits, motion) are SERVED on the nonmoving parties

2 MOTION HEARD in court on the "RETURN DATE"

3 ADVANCE NOTICE must be given to all parties at least 8 DAYS in advance of the return date

1 AFTER MOTION DECIDED, prevailing party must serve on the losing party

• signed order, AND
• notice of entry of order

2 TO APPEAL the decision, a party must FILE and SERVE a NOTICE OF APPEAL within 30 DAYS from service of the signed order

1 ALTERNATIVE to a motion on notice—It is an order, signed ex parte by the judge, directing the adversary to "show cause" on a specified date why a motion should not be granted.

2 USED to accelerate the "return date," grant an immediate stay or TRO, or comply with statute

3 MADE in the following manner

• Movant drafts order and submits it ex parte to judge
• Includes supporting affidavits and underling motion
• Judge sets return date and method of service on adversary (usually personal delivery)
• Judge signs order
• Order and underlying motion papers served on opponent
• Opponent opposes on "return date"

1 MOTION WITH NO ADVANCED NOTICE to the adversary

2 STATUTORY AUTHORIZATION is required in order to use it

3 AGGRIEVED PARTY must (1) make a motion to vacate the order, and if unsuccessful (2) appeal the denial of the motion to vacate