Legal Question in Civil Litigation in New York
filing papers in court
Will the Court hear a cross-motion if the papers were not filed with the Court in advance? I am a plaintiff pro se, and have an out of town opponent who served me, by regular mail, with a Notice of Motion to dismiss. I countered with a Cross-motion for summary judgment which I served on him via certified mail, for which I got a delivery receipt. The Court will not allow the motion papers to be filed since I don't have an affidavit of personal service on the defendant. Do I now have to send somone out there, or will the Court hear it anyway? Please advise. Thank you!
2 Answers from Attorneys
Re: filing papers in court
I would think that what is good for the gander is good for the goose. You could provide the court with an affidavit of mailing, attaching the postal receipt as an exhibit.
If you have to serve him/her, contact the local sheriffs office, and they can serve the papers for you. It is a small amount -probably under 40 dollars.
You can call up the judges law clerk and ask him for the proper procedure.
Sometimes it is better to get an attorney, so that you don't have these problems.
Re: filing papers in court
I would think that what is good for the gander is good for the goose. You could provide the court with an affidavit of mailing, attaching the postal receipt as an exhibit.
If you have to serve him/her, contact the local sheriffs office, and they can serve the papers for you. It is a small amount -probably under 40 dollars.
You can call up the judges law clerk and ask him for the proper procedure.
Sometimes it is better to get an attorney, so that you don't have these problems.
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