Notice Of Trial Or Inquest
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Notice Of Trial Or Inquest Form. This is a New York form and can be use in General.
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NOTICE OF TRIAL OR INQUEST
For use of clerk
Calendar No. (if any)COURT
Index No.
COUNTY OF
:
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF
................................................
:
: Index No.
......................................................
:
:
Plaintiff(s)
-against-
:
:
:
:
:
: UPON APPLICATION FOR
..........................................
:
:
:
:
:
Defendant(s) :
:
......................................................
-against-
COUNTY OF
)
)
)
(Constituting Claim, Default and Amount Due)
Trial by jury demanded
of all issues
of issues specified below
or attached hereto
Trial without jury
:
Plaintiff(s)
:
ss.:
:
:
1.
AFFIDAVIT OF FACTS
DEFAULT JUDGMENT
:
:
STATE OF NEW YORK
:
Filed by attorney(s) for
Date summons served
Date service completed
Date issue joined
being duly sworn, deposes and says:
Nature of Action or Special Proceeding
:
I am the plaintiff in the above captioned action, and I submit this affidavit in support of the instant application
for judgment by default pursuant to CPLR § 3215. Tort:
:
Motor Vehicle Negligence
Medical Malpractice
Other tort
2.
This is an action for
3.
This action was commenced on or about
by
Contract
service of a summons and
upon the defendant(s) herein.
:
:
:
Other (not itemized above)
Defendant(s) :
(specify)
The time for the defendant(s) to answer or move with respect to the
. . . . . . . . . . . . . . . . .defendant(s). has/have. not .answered.or.moved with respect to the
........ ...... .. ...... . ...
4.
has expired, and the
Indicate if this action is brought
5.
The defendant(s)
Special Preference claimed under time to plead has not been extended, and the defendant(s) is/are now in default in pleading.
as a class action
6.
Pursuant to CPLR § 3215(f)(3), additional notice of the default was duly given by *
at least 20
Amount demanded $
on the ground that days before the entry of such judgment, by mailing a copy of the summons by first-class mail to the defendant
at the defendant's place of residence in an envelope bearing Other relief
the legend ''personal and confidential'' and not
indicating on the outside of the envelope that the communication was from an attorney or concerns an alleged
debt. **
Insurance carrier(s), if known:
7.
*** Proof of service of the said additional notice is annexed hereto.
Attorney(s) WHEREFORE, deponent demands judgment against the defendant(s) in the sum of $
for Plaintiff(s)
Attorney(s) for Defendant(s)
with interest from
together with the costs and disbursements of this action.
Dated:
Office and P.O. Address
Office and(Plaintiff must sign above and type name below)
P.O. Address
Sworn to before me on
Telephone No.:
Notary Public
Note:
Telephone No.:
*
Insert ''me'' or ''my attorney(s)'', as the case may be.
**
Insert any other information concerning circumstances of mailing - See CPLR §
3215(f)(3)(i)
The clerk will not accept this Note of Issue unless accompanied by3215(f)(3)(ii), the affidavit of mailing of additional notice
*** Pursuant to CPLR § a Certificate of Readiness.
must be executed by person mailing the notice and filed with the judgment.
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CERTIFICATE OF READINESS FOR TRIAL
(Items 1-5 must be checked)
COURT
1.
COUNTY OF
......................................................
:
Complete
Waived
Not Required
All pleadings served ............................................................... Index No.
:
2.
Bill of Particulars served ........................................................
3.
Physical examinations completed ........................................... AFFIDAVIT OF FACTS
:
UPON APPLICATION FOR
Medical reports exchanged ..................................................... DEFAULT JUDGMENT
Plaintiff(s)
-against-
4.
:
:
5.
6.
There are no outstanding requests for discovery.
(Constituting Claim, Default and Amount Due)
Discovery proceedings now known to be necessary
:
completed ................................................................................
7.
Defendant(s)
:
. . . . . . . . . has .been . . reasonable. opportunity. to. complete. the. foregoing proceedings.
There . . . . . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
STATE OF NEW YORK
8.
:
The case is ready for trial.
COUNTY OF
)
)
)
ss.:
Dated:
being duly sworn, deposes and says:
1.
I am the plaintiff in the above captioned action, and I submit this affidavit in support of the instant application
for judgment by default pursuant to CPLR § 3215.
2.
This is an action for
3.
This action was commenced on or about
by
service of a summons and
upon the defendant(s) herein.
4.
The time for the defendant(s) to answer or move with respect to the
defendant(s) has/have not answered or moved with respect to the
5.
The defendant(s) time to plead has not been extended, and the defendant(s) is/are now in default in pleading.
6.
Pursuant to CPLR § 3215(f)(3), additional notice of the default was duly given by *
at least 20
Office and Post Office Address
days before the entry of such judgment, by mailing a copy of the summons by first-class mail to the defendant
at the defendant's place of residence in an envelope bearing the legend ''personal and confidential'' and not
indicating on the outside of the envelope that the communication was from an attorney or concerns an alleged
debt. **
7.
*** Proof of service of the said additional notice is annexed hereto.
(Attorney must sign above and type name below)
Attorney(s) for:
has expired, and the
Telephone No.:
WHEREFORE, deponent demands judgment against the defendant(s) in the sum of $
with interest from
together with the costs and disbursements of this action.
Dated:
(Plaintiff must sign above and type name below)
Sworn to before me on
*
Notary Public
Insert ''me'' or ''my attorney(s)'', as the case may be.
**
Insert any other information concerning circumstances of mailing - See CPLR §
3215(f)(3)(i)
***
Pursuant to CPLR § 3215(f)(3)(ii), the affidavit of mailing of additional notice
must be executed by person mailing the notice and filed with the judgment.
2003 © American LegalNet, Inc.
American LegalNet, Inc.
www.USCourtForms.com
www.USCourtForms.com