How does a plaintiff obtain adjournment for reply to cross-motion?

Asked over 1 year ago - New York, NY

Whom should the plaintiff ask for the adjournment from, the defendant, or the judge, or both? When should the plaintiff ask for adjourment, at the return date in court, or before the return date? Defendant filed cross-motion 7 days (not including return date) before the return date.

Attorney answers (2)

  1. Eric Edward Rothstein

    Contributor Level 20

    Answered . It is preferable to get the other side to sign a stipulation that you then bring to court. If they won't you ask the court.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. Michael Niels Bruno


    Contributor Level 11

    Answered . See response to other question you asked. As for requesting adjournment - ask the opposing counsel/party if they will consent to adjournment, then contact the judge's chamber noting that the opposing party consents. Do so as far in advance of the appearance date as possible.

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