« PreviousContinue »
Sec. II. Defendant's proceed.
ings as to change..... 1458
III. Proceedings of a third
person to come in... 1475
VII. ISSUES FOR TRIAL BY JURY. XIV. STAY OF PROCEEDINGS IN
V. EXAMINATION OF PARTY
EIGN COMMISSION ......
IV. Trial of all the issues
Sec. 1. Divorce ............
EXECUTING THE JUDGMENT.
ABBOTT'S PRACTICE AND FORMS.
COMMON FORMS. [To save space for a greater variety of Forms throughout the volume, I give here the formal parts of orders, and the affidavits, etc., appended to undertakings, both of which are familiar to every practitioner, so that they can hereafter be simply referred to. A more full treatment of those formal parts is to be found in Volume I.]
FORM No. 815.
Notice of motion - General Form.1 [Title of court and cause.]
Please take notice, that [specify all the papers which the moving party desires to submit upon the motion, as:] upon the annexed affidavits of M. N. and O. P., verified the day of
, 19 , [and if the pleadings or other proceedings filed or served are relied on, mention them, and upon the pleadings and proceedings in this action), the undersigned will move* this court, at a Special Term [in New York City, add, Part I] thereof, to be held [at chambers] at the County Court House [or, City Hall], in the of on the day of 19 , at o'clock in the noon [or, at the opening of the court) on said day or as soon thereafter as counsel can be heard t:[or if the motion is out of court, will move s before Hon. J. K., a justice — or, judge — of the court, at in on the
day of , 19 , at o'clock 'in the noon) for an order [here state the relief sought, indicating ground therefor, unless other papers or the relief sufficiently disclose it; if irregularity is relied on, must specify it),
or for such other or further relief as may be just (with costs of this motion). [Date.]
[Signature and office address of]
Attorney for [moving party). To [address],
Attorney for [adverse party.]
1 See notes in Vol. I, pp. 166, 167, as to general requisites of a notice of motion.