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The General Form 14, often referred to as the Notice of Motion, serves as a vital document in family court proceedings in New York. This form is used to inform the involved parties and the court about a formal request for action or relief. Key elements of the General Form 14 include the identification of the case and docket number, ensuring that all proceedings are clearly linked to a specific matter. Additionally, it outlines what the moving party is seeking from the court, whether it's a temporary order or other related requests. It also specifies the date and time for the motion to be heard, emphasizing the importance of timely notifications in legal processes. Moreover, the form must be signed and dated, indicating the responsible party or their attorney. This structure allows for an organized and efficient method of communicating requests within the family court system, promoting a clear understanding among all participants.

General 14 Example

 

 

General Form 14

 

 

(Notice of Motion)

 

 

12/97

FAMILY COURT OF THE STATE OF NEW YORK

 

 

COUNTY OF

 

 

......................................................................................

 

 

In the Matter of a Proceeding under

 

Docket No.

Article of the Family Court Act

 

 

 

 

NOTICE OF MOTION

Respondent.

 

 

.......................................................................................

 

 

To:

 

 

PLEASE TAKE NOTICE, that upon (this Court's own motion)(the annexed affidavit of

sworn to

, 19

, and upon all the proceedings

heretofore had herein, a motion will be made at this Court at

 

on

, 19 , or as soon thereafter as (parties) (counsel) can be heard for an Order

as provided in Article of the Family Court Act, and for such other and further relief as to the Court may seem just and proper.

Dated: 19 .

Yours, etc.

Print or type name

Signature of Attorney, if any

Attorney’s Name (Print or Type)

Attorney’s Address and Telephone Number

Form Characteristics

Fact Name Description
Purpose The General Form 14 serves as a Notice of Motion in Family Court proceedings. It notifies involved parties about upcoming motions regarding family law matters.
Governing Law This form is governed by Article 4 of the Family Court Act in New York. It facilitates the judicial process concerning family law disputes.
Components It includes fields for court details, motion details, and identity of parties involved. The form requires signatures, dates, and contact information for attorneys if applicable.
File Date The form must be correctly dated, ensuring that all parties are aware of the timeline. Filing is critical for the orderly progression of court proceedings.

Guidelines on Utilizing General 14

Filling out the General 14 form is an important step in a legal proceeding. This form is used to notify the court and other parties about a motion that you intend to file. Accurate completion of this form ensures clear communication of your intentions and helps move the process forward smoothly.

  1. Begin by entering the name of the county where the Family Court is located in the designated space.
  2. Enter the docket number for your case in the appropriate field.
  3. Complete the section that corresponds to the article of the Family Court Act relevant to your case. This section usually requires you to specify what legal basis you are invoking.
  4. In the "Respondent" field, write the name of the person to whom the motion is directed.
  5. Choose whether the motion is based on the court’s own motion or an annexed affidavit. Indicate your choice clearly.
  6. Fill in the date of the affidavit being referenced, formatted as sworn to, month day, year.
  7. State the date, time, and location where the motion will be made. This helps in scheduling the hearing.
  8. Identify who will be heard at the motion. You can mention either parties or counsel, depending on who will be involved.
  9. Conclude this section with a brief statement requesting the order and any further relief that the court deems appropriate.
  10. Provide the date you are completing the form in the designated area.
  11. In the “Yours, etc.” section, leave a space for your closing remarks.
  12. Print or type your name in the area specified at the end of the form.
  13. If you have legal representation, the attorney's name must be printed or typed in the appropriate space.
  14. Lastly, fill in the attorney’s address and telephone number. This information is vital for communication regarding the case.

What You Should Know About This Form

What is the General 14 form used for?

The General 14 form, also known as the Notice of Motion, is utilized in family court proceedings in New York State. It serves to notify the court and the opposing party that one party intends to request a specific action or order from the court. This form outlines the details of the motion and is essential for communicating your intentions legally.

How do I complete the General 14 form?

To complete the General 14 form, you will need to fill in several critical details. Start by providing the name of the county where the case is filed and the proper docket number. Indicate the article of the Family Court Act under which the motion is being made. Ensure you include the date of the affidavit, and clearly state the name of the respondent and any relevant information that pertains to your motion. Finally, sign the document and provide your contact details, including the address and telephone number of any attorney involved.

How is the General 14 form submitted to the court?

The completed General 14 form should be filed with the clerk of the court where your case is pending. You may need to provide multiple copies, depending on the court’s requirements. After filing, ensure that you serve a copy of the completed form to the opposing party, typically through personal delivery or mail, so they are informed about the motion being filed.

What happens after filing the General 14 form?

After filing the General 14 form, the court will schedule a date for the hearing. You, along with the other party involved, will be notified of this date. It is important to prepare your arguments and compile any supporting documentation or evidence that may be necessary for the hearing.

Is there a fee for submitting the General 14 form?

Yes, there may be a filing fee associated with submitting the General 14 form, but this can vary depending on the specific court and the nature of the motion. It’s advisable to check with the court’s clerk or visit their website for the most current fee schedule, as some individuals may qualify for fee waivers based on financial need.

Can I change or withdraw a motion after filing the General 14 form?

Yes, you can change or withdraw your motion after filing the General 14 form. If you decide to withdraw it, you will need to notify the court and the other party formally. This action typically involves submitting a request to withdraw the motion in writing and may require a signature from the judge. However, if you wish to modify the motion, you might need to file an amended form that clearly outlines the changes.

What if I need assistance with the General 14 form?

If you require assistance with filling out or submitting the General 14 form, legal aid organizations can provide valuable help. Additionally, some courts offer self-help resources that can guide you through the process. Consider reaching out to a qualified legal professional if the matter is particularly complex or if you have specific questions regarding your case.

Common mistakes

When filling out the General Form 14 (Notice of Motion), individuals often make several common mistakes that can lead to delays or complications in their case. One frequent error is failing to fill in all required fields. Each blank or space on the form needs to be carefully completed. Leaving sections empty can result in the court rejecting the motion or requiring additional time for correction.

Another common mistake involves submitting the form without proper signatures. Ensuring that all necessary parties, including attorneys if applicable, have signed the document is crucial. An unsigned form is generally considered incomplete and may be dismissed by the court.

Additionally, people sometimes neglect to include the correct docket number. This number is essential for the court to process the motion accurately. If the number is incorrect or missing, it can lead to confusion or misplacement of the document.

Submitting the notice without a clear date and time for the hearing is another pitfall. The motion must specify when it will be heard; otherwise, the court may not prioritize it appropriately. Including an ambiguous or vague timeframe can cause scheduling issues.

Individuals often use informal language or non-standard abbreviations in their motions, which can hinder clarity. It is important to remain professional and use clear language throughout the document to ensure that all parties understand the request being made.

Moreover, failing to include relevant supporting documentation is a significant oversight. If the form references additional affidavits or evidence, these must be attached to the motion for it to be fully considered by the court.

Another mistake relates to the organization of the submitted materials. If the General Form 14 is not in the correct order or the pages are not compiled properly, it may create confusion when reviewing the case. Maintaining logical organization is essential for effective communication with the court.

Individuals sometimes forget to double-check the contact information included on the form. Providing up-to-date addresses and telephone numbers is vital, as the court and other parties need to reach out regarding the case.

Lastly, many people overlook the importance of keeping a copy of the filed form for personal records. Having a duplicate is vital in case there are questions or issues in the future regarding the motion that was submitted.

By being mindful of these frequent mistakes, individuals can improve their chances of a smooth process when submitting their General Form 14 (Notice of Motion) in Family Court.

Documents used along the form

When filing a motion in family court, it's important to use several key documents to support your case. The General Form 14 (Notice of Motion) is just one piece of the puzzle. Here are six other forms often used in conjunction with it, each serving a unique function in the legal process.

  • Affidavit: This document contains a sworn statement of facts. It provides essential details to support the motion, ensuring the court understands the context and basis for the request.
  • Order to Show Cause: This form requests that a party appears before the court to explain why a specific order should not be granted. It sets the stage for urgent matters requiring immediate attention.
  • Response to Motion: This is the document through which the opposing party can formally address the motion filed. It allows them to indicate their agreement or disagreement and provide arguments of their own.
  • Proposed Order: After a motion is filed, this document suggests what the court should decide. It helps the judge understand the expected outcome and facilitates a smoother decision-making process.
  • Notice of Appearance: This form signifies that an attorney or party intends to represent themselves in court dealings. It informs all involved parties of their representation.
  • Child Support Worksheet: In cases involving children, this document outlines financial calculations related to child support, ensuring that all necessary information is presented for fair determinations.

Utilizing these forms effectively can enhance your chances of a favorable outcome in family court. Each document plays a critical role in clarifying the issues at hand and streamlining the judicial process.

Similar forms

The General Form 14 (Notice of Motion) serves as an important tool in the family court system, facilitating communication about legal requests. Several other documents share similarities in function and format. Here are four such documents:

  • Notice of Petition: This document initiates a proceeding by notifying the involved parties of the underlying action. Like the General Form 14, it provides essential details about the request, including the date and time when the parties should appear in court.
  • Motion to Dismiss: This form is used to request the court to terminate a case before it goes to trial. It shares structural features with the General Form 14, such as outlining the grounds for dismissal clearly and specifying when the motion will be argued.
  • Order to Show Cause: This document compels a party to appear before the court to explain or justify a particular action. It mirrors the General Form 14 in its formal tone and requirement for clear timing and procedural expectations.
  • Response to Motion: After a motion is filed, this document allows a party to respond formally. It parallels the General Form 14 by requiring similar format and procedural adherence, ensuring that both sides have a chance to present their case.

Dos and Don'ts

When filling out the General Form 14, attention to detail is crucial. Here’s a straightforward guide on what you should and shouldn’t do to ensure your submission is complete and accurate.

  • Do make sure to fill in all required fields. Leaving any mandatory section blank can lead to delays.
  • Do double-check your dates. Ensure all dates are accurate and properly formatted.
  • Do use clear and legible handwriting or typed text. This helps prevent any miscommunication or misunderstanding.
  • Do submit the form on time. Timeliness is essential in legal matters.
  • Don’t forget to sign the form. An unsigned document is often considered incomplete.
  • Don’t use jargon or complex language. Keep your language straightforward to ensure clarity.
  • Don’t forget to keep a copy for your records. Having your own copy will be helpful for any future reference.

Following these guidelines will help smooth the process and increase the likelihood of a positive outcome. Each step counts, so approach the General Form 14 with care and attention.

Misconceptions

Misconceptions about the General 14 form are common. Here are four key misunderstandings:

  • It is only used for divorce cases. The General 14 form is not limited to divorce proceedings. It can be utilized in various family law matters, including custody disputes, child support modifications, and more.
  • You must file it in person. While some people believe that filing the General 14 form requires an in-person appearance, many jurisdictions allow electronic filing. Always check with the local court for their specific procedures.
  • It cannot be changed after submission. After submitting the General 14 form, parties may not be aware that they can amend it if necessary. If changes are needed, it is often possible to file an updated version, though this should be done promptly.
  • Only attorneys can file this form. Many believe that only licensed attorneys can complete and submit the General 14 form. In reality, self-represented individuals also have the right to file this form on their own behalf.

Key takeaways

Filling out and using the General Form 14 (Notice of Motion) can be straightforward. However, certain key aspects are crucial to ensure everything is in order. Here are some important takeaways:

  • The form must be completed with accurate information, including the court and case details.
  • Pay attention to deadlines for filing and serving the notice to all involved parties.
  • Clearly state the purpose of the motion and what outcome you are seeking.
  • Ensure that any affidavits or supporting documents are attached, as they strengthen the motion.
  • Don't forget to sign the form and provide contact information, especially if an attorney is involved.

Completing the General Form 14 correctly helps facilitate your case and ensures your needs are addressed. Always review your work before submission to avoid any delays or issues.