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This entry was published on 2014-09-22
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SECTION 405
Correction of defects in papers
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 4
§ 405. Correction of defects in papers. (a) Motion to correct. Either
party may move to cure a defect or omission in the record, or to strike
scandalous or prejudicial matter unnecessarily inserted in a pleading,
or for a more definite statement of a pleading which is so vague or
ambiguous that he cannot reasonably be required to frame a response.

(b) Time limits; pleading after disposition. A party shall make a
motion under this section by serving a notice of motion or order to show
cause within the time allowed for his responsive pleading. Unless the
court so orders on motion made without notice on the ground that the
party is unable to plead until the papers are corrected, the motion
shall not extend the time for such responsive pleading. If the motion is
granted, the party who made the motion shall serve and file his
responsive pleading within five days after service of the amended
pleading. If the motion is denied and the time to serve a responsive
pleading has been extended, the party shall serve and file his
responsive pleading within two days after service of the order denying
the motion with notice of entry, unless the order specifies otherwise. A
party may re-notice the matter for hearing upon two days' notice.

(c) Petitioner's motion. The petitioner may raise the objections
specified in subdivision (a) in his reply or by motion on the day on
which the petition has been noticed or re-noticed to be heard.