Legal Question in Family Law in New York

Re: Motion to Compel Discovery

Domestic Relations Rules

Rule 6

Time....

a. Identical to Mass.R.Civ.P. 6(a):

b.....

c. For Motions-Affidavits-Proposed Orders. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than seven (7) days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may be made on ex parte application when an emergency justifies the same. An application for ex parte relief from the seven (7) day notice requirement shall be by motion and supported by affidavit setting forth the nature of the emergency. On allowance of the motion, the court shall make a written finding that the emergency exists and setting forth the nature of the emergency. Whenever a motion is supported by an affidavit, the affidavit shall be served with the motion; and except as provided in Rule 59(c), opposing affidavits must be served not later than two (2) business days before the hearing, unless the court permits them to be served at some other time. Every motion shall be accompanied by a proposed order, which shall be served with the motion. The proposed order shall set forth in detailed itemized paragraphs the relief sought from the court. The service and content of all motions, affidavits, and supporting papers shall be subject to the sanctions of Rule 11 of these rules.

d. Identical to the Mass.R.Civ.P. 6(d):

Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other papers upon him and the notice or paper is served upon him by mail, 3 days shall be added to the prescribed period.

Most of the Domestic Relations Rules are similar to Massachusetts Civil Procedure Rules. Domestic Relations Rule 1 gives you the scope of the rules. The entire Rule 6 could not be posted here because of its size. All these rules can be looked up online.

Sincerely, Maria Murber

Re: Motion to Compel Discovery

I APOLOGIZE, I DID NOT NOTICE NY - I ONLY PRACTICE IN MASSACHUSETTS AND GAVE YOU MASSACHUSETTS RULES OF PROCEDURE. HOWEVER, YOU MAY BE ABLE TO FIND NY DOMESTIC PROCEDURES ONLINE. AGAIN, SORRY! Sincerely, Maria Murber