Motion Practice in Partition Actions
Motion Practice in Long Island Partitions
Partition Motions Explained
If the parties are unable to reach a resolution in a partition action, nearly all partition cases will have a trial, and partition matters will likely have numerous pre trial motions.
It is rare that a single motion will dispose of a partition action. More often, motions will be used to remedy various problems that occur on the way to the trial.
The best partition lawyers will have a combination of legal knowledge about partitions and the procedural skills to correctly file or respond to any motions made by the opposing side.
Do you need representation in a Partition Action on Long Island or New York City?
Contact us online or at (631) 864-2600.
What you need to know about Motions in Partition Actions
What is a motion in a partition action?
A motion in a partition action is the method to request an order from the court outside of trial. In partition cases, motions are made on papers giving each side the right to state their position. Oral argument may be allowed as well but that will depend on the assigned judge's rules.
Are there official sample forms for a motion?
There are official sample forms available at the Unified Court System Homepage. See the CourtHelp Motions page.
What are some of the more common motions in Partition Actions?
- Motion for a default
- Motion to dismiss
- Motion for summary judgment on the right to a partition
- Motion to reargue
- Motion to renew
- Motion to compel discovery
- Motion to preclude discovery
- Motion to amend pleadings
- Motion to dismiss certain affirmative defenses
- Motion to extend a notice of pendency
- Motion to judicially settle an accounting
Can a motion decide the entire partition action?
A motion has the potential to decide the entire partition action, or a portion of it. A summary judgment motion is the means to decide an issue when there are no disputed facts. In a partition action, summary judgment is available to resolve the two mandatory issues when there is no genuine disagreement on facts.
The Right to Partition. A titled owner has a right to seek a partition, subject to a limited number of defenses. A summary judgment motion can resolve this issue without the need for a trial if there is no genuine factual dispute over the right to a partition.
The Accounting. While rare, it is possible that a summary judgment could resolve an accounting when one side is not disputing the figures. More typically, the accounting would simply be filed and decided without the need for a separate motion for summary judgment.
Contact Our Partition Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any partition, no matter how challenging or complex. With over 20 years of experience in partition actions, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled partition lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.