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  1. #1
    Join Date
    Dec 2011
    Posts
    5

    Default Amending a Motion

    My question involves court procedures for the state of: NY

    I am not a lawyer, however I have a question about civil procedure in NY Supreme Court. I am unable to find any information on how to amend a motion other than that the provision in CPLR for amending pleadings does not apply to a motion. Is amending a motion allowed at all or at the discretion of the court, are there are rules or cases that apply, and how would a litigant apply to the court to make such a request? Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Amending a Motion

    Depending on the motion and what you mean by "amending" it, you may be able to supplement your existing filing or you may be better served to withdraw your motion and refile it in proper form. If you attempt the former approach you need to review the state and local court rules to determine what you are permitted to file in terms of a supplement, either with or without leave of the court, and whether you will need to change the hearing date to give the opponent adequate time to respond.

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