Fill out Form CIV-GP-124-i, Notice of Motion with Instafill.ai

Form CIV-GP-124-i, known as the Notice of Motion, is a legal document used in the Civil Court of the City of New York. It is used by a party to notify the court and the opposing party of their intention to request a specific order or relief. This form is crucial for ensuring that all parties are properly informed and that the motion process adheres to legal standards.
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Form specifications

Form name: Form CIV-GP-124-i, Notice of Motion
Form issued by: Civil Court of the City of New York
Number of fields: 22
Number of pages: 2
Version: 2020
Download form: https://stinstafill.blob.core.windows.net/static/noticeofmotion.pdf
Language: English
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Form CIV-GP-124-i, Notice of Motion free printable template

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Follow these steps to fill out your NOTICE-OF-MOTION-NY form online using Instafill.ai:
  1. 1 Visit instafill.ai site and select CIV-GP-124-i
  2. 2 Enter plaintiff and defendant details
  3. 3 Fill in index number and court details
  4. 4 Specify motion date and requested relief
  5. 5 Check applicable service notice boxes
  6. 6 Sign and date the form electronically
  7. 7 Check for accuracy and submit form

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Frequently Asked Questions About Form CIV-GP-124-i

Form CIV-GP-124-i, Notice of Motion, is used to formally request a court to make a specific order or decision on a matter within a legal proceeding. It is a procedural document that initiates the motion process, outlining the relief or action the filer is seeking from the court.

To fill out the Notice of Motion form, you must provide detailed information about the motion, including the court's name, the case number, the names of the parties involved, and the specific relief or order you are requesting. Additionally, you must include a statement of the grounds for the motion and any supporting facts. It's crucial to be clear and concise to ensure the court understands your request.

The Notice of Motion must be served on all parties involved in the case or their attorneys, if they are represented. Service can be done personally, by mail, or as otherwise permitted by court rules. Proof of service must be filed with the court to confirm that all parties have been properly notified.

The specific number of days before the motion that the papers must be served can vary depending on the court's rules and the type of motion. Generally, it's required to serve the Notice of Motion and supporting papers a certain number of days in advance to allow the other party adequate time to respond. Check the local court rules for the exact timeframe.

The deadline for serving answering papers to a Notice of Motion also depends on the court's rules. Typically, the opposing party has a set number of days after being served with the motion to file and serve their answering papers. This ensures both sides have the opportunity to present their arguments before the motion is heard. Consult the local court rules for specific deadlines.

The specific information required to complete the Notice of Motion form can vary by jurisdiction, but generally, it includes the names of the parties involved, the case number, the court where the case is filed, the specific relief or order being sought, the legal grounds for the motion, and any supporting documents or affidavits. It's important to check the local court rules or consult with a legal professional to ensure all necessary information is included.

The Notice of Motion form can typically be found on the website of the court where the motion is to be filed. Many courts provide forms and instructions online for public use. Alternatively, you can visit the court clerk's office in person to obtain a copy of the form. Some legal aid organizations and law libraries may also have copies available.

Generally, there is no fee to obtain the Notice of Motion form itself, as courts usually provide these forms for free. However, there may be filing fees associated with submitting the motion to the court. The amount of the filing fee can vary depending on the court and the type of motion. Fee waivers may be available for those who qualify based on financial need.

Yes, you can serve a notice of cross-motion in response to a motion filed by the opposing party. The deadlines for filing and serving a cross-motion are typically set by the court's rules of procedure and may depend on the type of motion and the court's schedule. It's crucial to adhere to these deadlines, which often require the cross-motion to be filed and served within a certain number of days before the hearing date. Consult the local court rules or a legal professional for specific deadline information.

If you need to change the date of the motion, you should file a request or stipulation to adjourn the motion with the court as soon as possible. This may require the consent of the opposing party or a showing of good cause to the court. The court will then decide whether to grant the adjournment and set a new date. It's important to notify all parties involved and to follow the court's procedures for requesting a date change.

Failing to serve the Notice of Motion within the required timeframe may result in the motion being dismissed or not considered by the court. It is crucial to adhere to the specified deadlines to ensure your motion is heard.

Yes, serving requirements can vary depending on the type of motion and the jurisdiction. It's important to consult the relevant court rules or a legal professional to determine the specific serving requirements for your motion.

The affidavit annexed to the Notice of Motion provides sworn evidence supporting the motion. It is a critical component as it presents the facts and arguments to the court, helping to substantiate the reasons for the motion.

The form typically includes a section where you can indicate your role in the case, whether you are the plaintiff or defendant. This is usually done by checking a box or filling in the appropriate space provided on the form.

This phrase refers to the consideration of all previous documents filed and actions taken in the case up to that point. It indicates that the motion is based on and should be considered in the context of the entire case history.

Generally, the Notice of Motion should specify all the relief you are seeking. If you need to request additional relief not initially specified, you may need to file an amended Notice of Motion or a separate motion, depending on the court's rules. It's advisable to consult with an attorney or the court clerk for guidance specific to your situation.

Failing to serve answering papers as required can have serious consequences, including the court granting the motion by default, dismissing your case, or imposing other sanctions. It's crucial to adhere to all procedural requirements and deadlines to avoid adverse outcomes.

The Part and Room for your court appearance are typically assigned based on the type of motion and the court's scheduling. You can find this information on the court's website, by contacting the court clerk, or by checking any notices or correspondence you've received from the court regarding your case.

The checkboxes regarding service times are used to indicate how and when the opposing party was served with the Notice of Motion. This information is crucial for ensuring that all parties have adequate notice and time to respond, as required by court rules. Accurate completion helps avoid disputes over service and ensures the motion proceeds smoothly.

If you have questions about filling out Form CIV-GP-124-i, you can seek help from the court clerk's office, a legal aid organization, or a private attorney. Many courts also offer self-help centers or online resources to assist with form completion and procedural questions.

You can download a printable version of Form NOTICE-OF-MOTION-NY here.

Compliance CIV-GP-124-i
Validation Checks by Instafill.ai

1
Verifies that the name of the Civil Court of the City of New York, the part, and the county are correctly entered at the top of the form.
Ensures that the form accurately reflects the jurisdiction by verifying the Civil Court of the City of New York's name, the specific part, and the county at the top. Confirms that these details are correctly entered to maintain the form's legal validity. Checks for any discrepancies or omissions that could affect the form's acceptance. Validates that the court's identity is unmistakably clear for processing.
2
Confirms that the names of the Plaintiff and Defendant, along with the Index No., are accurately filled in.
Verifies the correct entry of the Plaintiff's and Defendant's names to ensure the parties are properly identified. Checks the Index No. for accuracy to link the motion to the correct case file. Ensures that all names are spelled correctly and match official records. Confirms that no fields are left blank, which could delay processing.
3
Ensures that the motion is correctly indicated as being made by either the Plaintiff or Defendant by circling the appropriate option.
Validates that the motion's origin is clearly indicated by circling the correct party, either Plaintiff or Defendant. Confirms that the selection is unambiguous to prevent any confusion regarding the motion's filer. Checks for any marks that could obscure the selection. Ensures the form's instructions for indicating the moving party are followed precisely.
4
Validates that the date the affidavit was sworn to is specified and any exhibits are included.
Ensures the affidavit's sworn date is clearly stated to verify the timeline of the motion. Confirms that all referenced exhibits are attached and properly labeled. Checks for the presence of any required exhibits that support the motion. Validates that the affidavit details are complete for legal scrutiny.
5
Checks that the court location details, including the part, room, date, and time for the motion hearing, are properly indicated.
Verifies the accuracy of the court location details to ensure the motion hearing is scheduled correctly. Confirms that the part, room, date, and time are all specified for proper notice. Checks for any scheduling conflicts or errors in the provided details. Ensures that all parties have clear information for attendance at the hearing.
6
Verifies that the order being sought and any additional relief are clearly described.
Ensures that the motion's purpose is explicitly stated, including any supplementary requests for relief. Confirms that the description is detailed enough to understand the motion's intent without ambiguity. Validates that all legal terms used are appropriate and correctly applied. Checks for completeness and clarity in the description to facilitate judicial review.
7
Ensures that the applicable box regarding the service of papers is checked, with correct notations of the required timelines for serving answering papers and any cross-motion.
Verifies that the service of papers section is accurately completed, including the selection of the correct service method. Confirms that the timelines for serving answering papers and any cross-motion are noted in accordance with legal requirements. Checks for any discrepancies in the service dates that could affect the motion's validity. Ensures compliance with procedural rules to avoid delays or dismissals.
8
Confirms that the form is dated and the sender's information is provided.
Validates the presence of a current date to establish the motion's timeline. Ensures that the sender's full name, address, and contact information are accurately provided. Checks for any missing or incorrect details that could hinder communication or processing. Confirms the form's authenticity and readiness for submission.
9
Validates that no fee has been charged to fill in the form, in compliance with the instructions.
Ensures that the form is provided free of charge, as mandated by the issuing authority. Confirms that no hidden fees or charges are associated with the form's completion or submission. Checks for compliance with the no-fee policy to prevent any financial barriers to access. Validates adherence to official guidelines to maintain the form's integrity.
10
Checks that the form is accessed or downloaded from the official source: http://www.nycourts.gov/courts/nyc/civil/forms.shtml.
Verifies that the form's origin is the official New York Courts website to ensure its validity. Confirms that the form is the most current version available, reflecting any recent updates or changes. Checks for any alterations or unofficial modifications that could affect its acceptance. Ensures users are directed to the correct source for reliable and authoritative forms.

Common Mistakes in Completing CIV-GP-124-i

Filling in the incorrect court name, part, or county at the top of Form CIV-GP-124-i can lead to delays or dismissal of the motion. It is crucial to verify the exact court details before submission. This information is typically found on previous court documents or by contacting the court clerk. Ensuring accuracy here reflects professionalism and respect for the legal process.

Omitting or incorrectly listing the Plaintiff and Defendant names can invalidate the motion. These names must match exactly as they appear in the original filing. Double-checking against the complaint or other relevant documents can prevent this error. Accuracy in naming parties ensures the court can properly identify and process the motion.

Not circling the party making the motion (Plaintiff or Defendant) creates ambiguity and can delay proceedings. This simple step is often overlooked but is essential for clarity. The party making the motion should be clearly indicated to avoid any confusion. Taking a moment to review the form before submission can catch this oversight.

The date the affidavit was sworn to is a critical piece of information that, if missing, can render the motion incomplete. This date establishes the timeline and validity of the affidavit. It should be clearly noted next to the notary's signature. Ensuring this date is present and accurate upholds the document's legal standing.

Failing to include necessary exhibits with the motion can result in the court's inability to consider all relevant evidence. Exhibits should be clearly labeled and attached as referenced in the motion. This oversight can be avoided by reviewing the motion requirements thoroughly. Proper inclusion of exhibits supports the motion's arguments and facilitates a fair review.

Failing to provide complete court location details for the hearing can lead to delays or dismissal of the motion. It is crucial to include the exact courtroom number, floor, and any other specific instructions to ensure all parties can attend without confusion. Always double-check the court's address and any additional details provided by the court clerk. This attention to detail facilitates a smoother process for everyone involved.

A vague description of the order sought can result in the court not fully understanding the relief or action requested, potentially leading to an unfavorable outcome. Be precise and clear in outlining what you are asking the court to do, using specific legal terms where applicable. Drafting a concise yet comprehensive description aids the court in making an informed decision. Consulting with a legal professional can ensure the description meets all necessary legal standards.

Overlooking the service of papers box can invalidate the motion if it's later found that the opposing party was not properly notified. This box confirms that all required documents have been served to the other parties within the stipulated timeframe. Ensure this section is completed accurately to reflect compliance with service requirements. Neglecting this step can lead to unnecessary legal setbacks and delays.

Omitting the timelines for serving answering papers can create confusion and procedural errors, affecting the motion's progress. Clearly state the deadlines by which answering papers must be served to maintain the schedule set by the court. Adhering to these timelines is essential for keeping the legal process on track. Always verify the correct deadlines with the court rules or a legal advisor to avoid mistakes.

Submitting a notice of motion without the date or sender's information can raise questions about the document's validity and origin. Including the date ensures the motion is filed within any applicable deadlines, while the sender's information allows for proper communication. Always fill in these details completely to avoid any administrative issues. This practice also helps in maintaining a clear record for all parties involved.

Charging a fee to fill in Form CIV-GP-124-i, Notice of Motion, is a common mistake that can lead to legal and ethical issues. This form is typically required for court proceedings, and imposing a fee for its completion may be seen as an undue burden on individuals seeking justice. It is important to understand that such forms are meant to be accessible to all parties involved in a case without financial barriers. To avoid this mistake, always ensure that the form is provided and completed free of charge, adhering to the principles of fairness and accessibility in the legal process.
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