My question involves court procedures for the state of: New York
I have a motion for summary judgment asking the court to declare a hefty invoice presented for collection by petitioner as invalid. I presented so far technical evidence. Petitioner presented a photo copy of the invoice certified as having been copied from the original. It shows the original invoice was issued in 2014, and the certification made in 2020. I know that the invoice is a fabrication. But as it is provided by a foreign company located overseas, it would be very difficult and time consuming to have an overseas expert make an affidavit as to its validity. So I relied on presenting evidence that the website (including the domain name) and other markings shown on the original invoice did not exist before 2019. In his response the petitioner says that my evidence is inadmissible and that I must rely on a forensic expert witness to prove same. Before I make a reply and allow the motion to be marked submitted, I am asking as follows:
1. If I withdraw the motion without prejudice until I can get admissible evidence, how does that hurt me?
2. If I simply withdraw the motion, what happens next? Will I still have the benefit of having a trial or an evidentiary hearing, or is that forfeited?
3. What are my options under the circumstances? I know that the invoice is invalid.
4. Need I explicitly demand a trial on the issue to have a jury make a decision?
I would really appreciate some helpful insight.
I forgot to ask one more question: If I withdraw the motion, can the court decide right away to allow the invoice as valid? if so, how can I prevent this from happening?