Legal Question in Civil Litigation in New York

Does a stipulation need to be vacated first before a motion can be filed? My civil court case was settled by stipulation but never stricken from the trial calendar. Does a stipulation need to be vacated in order to be able to file a motion? The motion I filed was never mentioned at all in the language of the stipulation which is to say that I never agreed to NOT file a motion after the stipulation but, when I e-filed my motion, I got an email message from the court giving it a sequence number but also saying that a compliance conference was scheduled. What does that mean? Will the judge HAVE to look at my motion or could he decline to do so due to the settlement stipulation?


Asked on 6/14/19, 10:52 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Once a case has been settled that's the end unless there is some thing in the stipulation that needs the judge's attention. Normally, the case will be stricken from the trial calendar as soon as it comes to the attention of the calendaring clerk or the judge.

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Answered on 6/15/19, 3:22 am


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