§ 355.2 — Motion procedures

New York § 355.2

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: The Dispositional Hearing
• Art. 3: Juvenile Delinquency

Text

§ 355.2. Motion procedures. 1. A motion for relief pursuant to section\n355.1 must be in writing and must state the specific relief requested.\nIf the motion is based upon the existence or occurence of facts, the\nmotion papers must contain sworn allegations thereof; such sworn\nallegations may be based upon personal knowledge of the affiant or upon\ninformation and belief, provided that in the latter event the affidavit\nmust state the sources of such information and the grounds of such\nbelief.\n 2. Notice of such motion, including the court's own motion, shall be\nserved upon the respondent, the presentment agency and the commissioner\nof social services or the division for youth having custody of the\nrespondent. Motions shall be noticed in accordance with the civil\npractice law and rules.\n 3. Each party to the motion shall have the right to oral argument and\nthe court shall conduct a hearing to resolve any material question of\nfact.\n 4. Regardless of whether a hearing is conducted, the court, upon\ndetermining the motion, must set forth on the record its findings of\nfact, its conclusions of law and the reasons for its determination.\n 5. If the motion is denied, a motion requesting the same or similar\nrelief cannot be filed for a period of ninety days after such denial,\nunless the order of denial permits renewal at an earlier time.\n