Motion Practice in Partition Actions
Long Island Partition Attorney
By J. Douglas Barics
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.
Motion Practice in New York Partition Actions
What you need to know about Motions in Partitions
What is a motion?
A motion is the method to request an order from the court outside of trial. Motions are made on papers, so that both sides are able to state their position.
Are there official sample forms for a motion?
Yes. The Unified Court System Homepage has a section on motions. 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
Can a motion decide the entire partition action?
Partially. A motion can be used to determine if a trial is necessary to establish of the plaintiff has a right to a partition. But the partition itself is generally held off until the rights and interests of all parties are established which normally requires a trial.
Am I still entitled to a trial in my partition action?
Yes. Due to the nature of partition actions, a hearing is almost always necessary to determine the respective rights and interests of all parties.
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.