22.25 - 3. Form Of Motion
Jurisdiction | New York |
3. Form of Motion
The post-trial motion is made by means of the standard notice of motion, supporting affidavit of counsel and memorandum of law. The motion should be made returnable before the trial justice at the trial term or part where the case was tried. The papers should be delivered pursuant to the rules of the particular court where the case was tried and the rule of the assigned judge. Some judges desire courtesy copies of the papers filed with the clerk; others do not.
The motion should be made...
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- 22.0 - I. Introduction
- 22.1 - II. General Considerations
- 22.2 - A. Post-Trial Motion Not For Preserving Appeal Issues
- 22.3 - B. Strategic Considerations
- 22.4 - 1. Consider Whether Appropriate
- 22.5 - 2. Consider Issues To Be Raised
- 22.6 - III. New York State Court Practice Governing Post-Trial Motions
- 22.7 - A. Post-Trial Motions In Jury And Nonjury Trials
- 22.8 - B. Time And Place Of Motion
- 22.9 - C. Oral Motions After Verdict
- 22.10 - 1. Motion To Set Aside Verdict
- 22.11 - 2. Stay Of Execution Of Judgment
- 22.12 - D. One Motion Only
- 22.13 - E. Possible Post-Trial Motion Relief
- 22.14 - 1. Judgment Notwithstanding The Verdict
- 22.15 - 2. New Trial
- 22.16 - A. Weight Of Evidence
- 22.17 - B. Excessiveness Or Inadequacy Of Award
- 22.18 - C. Inconsistent Or Compromise Verdict
- 22.19 - D. Jury Misconduct
- 22.20 - E. Misconduct Of Counsel, Party Or Judge
- 22.21 - F. Evidentiary Or Charge Errors
- 22.22 - F. Miscellaneous Matters
- 22.23 - 1. Use Of Trial Minutes
- 22.24 - 2. Time To Move
- 22.25 - 3. Form Of Motion
- 22.26 - G. Annuitized Payments; Reduction Of Judgment
- 22.27 - IV. Federal Practice Compared
- 22.28 - A. Post-Trial Motions Generally; Time To Move; Form Of Motions
- 22.29 - B. Motion For Judgment Notwithstanding The Verdict
- 22.30 - C. Motion For New Trial Or To Amend Judgment
- 22.31 - D. Motion To Amend Or Make Additional Findings
- 22.32 - E. Motion For Stay Of Execution
- 22.33 - F. Motion For Relief From Judgment
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