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FORM No. 816. Affidavit to obtain an order to show cause as short notice of motion [Title of court and cause.] [Venue. ]
A. B., being duly sworn, says:
I. That [here insert allegations as to deponent's relation to the cause.]
II. [State, unless shown by other papers, facts in support of the application, etc.]*
III. [State the present condition of the action, for instance, thus: ] That the summons and complaint were served on the defendant Y. Z. on the day of
, 19, and the answer of said defendant was duly served on the day of
, 19 ; that the cause has not yet been put on the calendar and the next Trial Term [or, Special Term) is appointed for
, 19 . IV. [State reason for asking an order to show cause, for instance, thus: 3] That an order to show cause is asked for because there is not sufficient time to give the usual notice of motion before the reference (or other proceeding] [now moved to be set aside, or other relief] which is appointed to be held on the day of , 19 .
V. That no previous application has been made for an order . to show cause herein for this purpose (see next Form]. [Jurat.]
[Signature.] FORM No. 817.
Affidavit for an ex parte application. [Title of cause.] [Venue.]
A. B., being duly sworn, says:
I. That [here insert allegations as to de ponent's relation to tho cause].
II. [State, unless shown by other papers, facts in support of the application, etc.]
2 Required by N. Y. Gen. Rule No. ' 3 For other examples, see Vol. I, 37, second clause, unless the order to p. 171. show cause is allowed by statute.
III. That no previous application has been made for such an order as is now sought [or name the particular relief sought, and if a prior application has been made, state to what court or judge, and what order or decision was made, and what new facts, if any, are now shown, for instance thus: 4] A previous application for an order to show cause herein for the same relief was made to, and granted by, Hon. , a justice of this court, on the day of , 19 , but upon the return thereof before the Special Term of this court, on the day of 19, the relief sought was denied by the court upon the technical and sole ground that the said order to show cause did not specify the irregularity moved against [but such denial was with leave to renew). The application is now made for an order to show cause which specifically sets forth the irregularity complained of. [Jurat.]
[Signature.] FORM No. 818.
Order to show cause) - General Form. [Caption as in Form No. 819 or 820 (below).]
On reading the annexed affidavit of M. N., verified the day of ' , 19 [and specifying other papers, if any, relied on; and, if the motion is made by one not a party, add and on motion of Q. R., attorney for M. N.] :*
ORDERED, that the [defendant] herein show cause f at a [Special] Term of this court, to be held [at chambers] at the , in the
of , on the day of 19 , at o'clock in the noon, or as soon thereafter as counsel can be heard [or, show cause § before me, at on the day of
19 , at o'clock in the noon), why an order should not be made I [here state relief sought, and grounds thereof, specifying irregularity, if any], and why the (plaintiff] should not have such other or further relief as may be just (with costs of this motion].
Service of a copy of this order, and of the papers on which it is granted, made [by mail]"a on the [attorney for the] , on or before the day of , 19, shall be sufficient.
[If a judge's order, date and signature of judge, with initials of official title].
[Or if a court order, substitute Enter, with signature of judge or presiding justice by initials of name and title.]
* See Vol. I, p. 116, paragraph 84.
eral requisites of an order to show cause.
Be See Vol. I, par. 114, p. 133.
FORM No. 819.
Judge's ordere — General Form. [Name of court, including, if Supreme Court, name of county.]
[Names of the plaintiffs]
against [Names of the defendants).
Upon the annexed [here enumerate all the motion papers and insert any necessary recitals; see lol. I, pp. 259-260, for exam ples] and it satisfactorily appearing to me therefrom (here recite such facts as are required by statute or court rule to be shown to the judge upon granting the order]! [and, in a case where security is required, add, and the having duly given the security required by law in the sum of dollars), and upon motion of A. T., Esq., attorney for the for, in case of a contested motion, after hearing A. T., Esq., of counsel for the
in support of the motion, and Z. T., Esq., of counsel — or, and on reading and filing proof of due notice of this motion, and no one appearing — for the in opposition; and, after due deliberation: Now, upon motion of A. T., Esq., attorney for
ORDERED (here insert prorisions of the order). [Date.] [Signature of judge and initials of official title.]
FORM No. 820.
and for the county of , at the County
dar of 19 . [Or, in the first district] At a Special Term,
Part (I) * of the Supreme Court, held in and for the county of New York at the County Court House in the Borough of Manhattan, in said county, on the dar of
* See Vol. I. pp. 303. for requi sites and forms of crders in general See also notes paragrarbs 13-16. PO 013-9:5, as to ea ptices of judge's
T For the force and effect of recitals, re Tol I. paragraphs 2-30, pp. l26.
See Pol I. pp. 206503. for regni sits and forms of orders in general 9 These recitals will not be appropriate in the Appellate Division. See Forms under APPEAL.
at the [city Fourth] Tuof the
[Or, in the Appellate Division] At a term of the
Appellate Division of the Supreme Court of the
the day of , 19 .
the Circuit Court of the United States, for, etc.) Present, Hon. [John Duer), Justice.
[Or, in the Appellate Division: Present: Hon. Peter B. McLennan, Presiding Justice.
[Or, At a day of
Hon. Alfred Spring
[Names of the plaintiffs]
against [Names of the defendants].
On reading and filingo [here enumerate all the motion papers, and insert any necessary recitals; see Vol. I, pp. 259–261, for examples; if security is required, may add, and the having given security required in the sum of dollars), and after hearing A. T., counsel for the [plaintiff], in support of the motion, and Z. T., Esq., of counsel [or, and on reading and filing proof of due notice of this motion upon the defendants attorney and no one appearing] for [defendant), in opposition; and after due deliberation being had thereon: Now, on motion of A. T., attorney for the [plaintiff] :
ORDERED [here insert the provisions of the order].
Enter: [signature of judge or presiding justice by initials of name and title.]
FORM No. 821.
Verification 10 of a petition. (Venue.]
Y. Z., of , being duly sworn, says that he has read [or, heard read] the foregoing petition subscribed by him, and
10 See Vol. I, Article XXVI of Chapter I, p. 485, for the object and requisites of a verification in general.
knows the contents thereof, and that the same is true to his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true. [Jurat.]
[Signature.] FORM No. 822. Certificate of acknowledgmenti1 within the State by signer known to the
officer. (Under N. Y. Statutes.) STATE OF County of
On this day of , in the year 19, before me personally came A. B. [C. D. and E. F.], to me known and known to me to be the person [or, persons — or, one of the persons] described in and who executed the within [or, above — or, annexed] instrument, and acknowledged that he (or if more than one acknowledge, severally acknowledged that they] executed the same.
[Signature and official title.]
FORM No. 823.
Affidavit of sufficiency of undertaking.12 [Venue.]
C. D. above-named, who executed the within [or, foregoing) undertaking [or, bond], being duly sworn, says, that he is a resident of said State of New York,* and a householder13 [or, freeholder] in said State, and is worth † [twice] the sum specified in the above undertaking, over and above all the debts and liabilities he owes or has incurred, and exclusive of property exempt by law from levy and sale under an execution. [Jurat.]
[Signature.] [Under N. Y. Code Civ. Pro., § 812, this must be subjoined to the bond or undertaking, and thus separate title is unnecessary.]
FORM No. 824.
Approval of bond or undertaking.14 The within bond [or, undertaking] * is hereby approved (as to the form and manner of execution and] as to the sufficiency of the sureties [if fractional justification is allowed, add, and the
11 See Vol. I, pp. 2-8, for other Forms.
12 See Vol. I, Article XXV of Chap. ter I, on UNDERTAKINGS, paragraph 28, p. 461.
13 See id., paragraph 12, p. 454, as to qualifications of sureties,
14 To be indorsed. N. Y. Code Civ. Pro., & 812. See, also, Vol. I, Article XXV of Chapter 1, on UNDERTAKINGS, paragraphs 29–31, pp. 462-464.