In New York County after you file your motion with the court, it is sent to Room 130. On the motion's return date, it will be on the calendar in Room 130 and will either be marked fully submitted or adjourned (your motion can also be withdrawn if you so please).
Essentially the calendar call starts at 9:30 a.m. and the court officer reads through the dozens of cases (usually over 100) on the calendar. If a party wants and adjournment to put in papers, all parties can either stipulate to an adjournment and submit a stip prior to the return date or a party can request an adjournment in person. Adjournments are generally granted unless the motion has been on the calendar greater than 60 days. If you wish to oppose an adjournment, you can request to argue before a judicial referee who will hear argument after the calendar call is complete.
In addition to requesting adjournments, parties may also submit response papers in Room 130.
If no one requests an adjournment or if all papers have been submitted. The matter will be marked submitted and assigned to a part and given a date for oral argument.
No comments:
Post a Comment