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I set my return date for 8 days after the defendant was personally served

New York, NY |

is this the day I have to go to court?

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Attorney answers 3


I assume you are talking about a Notice of Motion and the minimum time for the return date (since a summons and complaint commencing a civil action has a 20 day response time and that's done with an Answer being served, not a court appearance)?

The answer to that question is it depends on the individual judge and court it's before. Call the Court clerk and find out which Judge the motion was assigned to or when the actual return date is. Often it's not the same day you set forth on your papers. And in many courts, oral argument is not allowed or required, depending sometimes on whether you asked for it in your motion papers or whether the assigned judge allows or wants it. In those instances, the motions are decided on the papers which are considered "submitted" rather than "argued" in court.

It's complicated, as you can see, and up to the Judge. So call the Motion Clerk tomorrow morning, tell him the Index number and name of the case and he'll tell you what the deal is and whether there's an actual court hearing you must attend and when it is.

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It may be. It may not be. You have to check with the court to see what day its set down for.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -


You can also try ECourts from NYS OCA:

You can usually find the return date (the day you have to go to court) online at ECourts..

Jack Richard Lebowitz

Jack Richard Lebowitz


Good call, forgot about eCourts, but that still probably won't tell the questioner whether he actually has to go to court on that day!