When to file motion for more definitive statement?
When a complaint is so vague or ambiguous that it is impossible for the respondent to respond, a motion for a more definitive statement is requested, asking the court to request that the filing party re-write the complaint in terms that are clear. To wrap it up, a defendant in a court case is the party to which an action is levied against.
When do I have to file my opposition to a motion?
Do I have a deadline to file my opposition? Yes, you have a deadline. You normally must file your opposition with the court within ten business days after the other side “serves” (delivers) the motion to you. If you receive the motion in the mail, you get an additional three calendar days from the date it is mailed.
What are the requirements for a new facts motion?
The motion must state new facts and be supported by affidavits or other documentary evidence demonstrating your eligibility at the time you filed the underlying application or petition. “New facts” means facts that have not been previously submitted in the proceeding.
When to file a motion to reconsider a decision?
You must submit any motion within 30 days of the decision and indicate if the motion seeks to reopen and/or reconsider. However, an extra 3 days is provided when your decision is mailed to you (for a total of 33 days).
When to file a motion in New Jersey?
(a) Motions Generally. Other than an ex parte motion and except as otherwise provided by R. 4:46-1 (summary judgment) and R. 5:5-4(c) (post judgment motions), a notice of motion shall be filed and served not later than 16 days before the specified return date unless otherwise provided by court order, which may be applied for ex parte.
When to file a motion for new trial?
Except as provided by R. 4:49-1 (b) (motion for new trial), any opposing affidavits, certifications or objections filed pursuant to R. 1:6-2 shall be filed and served not later than 8 days before the return date unless the court relaxes that time.
When do family court motions have to be filed?
The respondent in a summary judgment motion will be given at least 28 days before the motion return date. Post-trial motions must be filed within 20 days of the judgment or verdict. Family Court motions also do not have set calendar dates.
Can a court fix the return date of a cross motion?
The court may, however, on request of the original moving party, or on its own motion, enlarge the time for filing an answer to the cross-motion, or fix a new return date for both. No reply papers may be served or filed by the cross-movant without leave of court.