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SEPTEMBER EXTRA 1993
 
Overview of topics...

Lead Note:

THE 1993 DISCLOSURE AND DISCOVERY CHANGES : FIRST MAJOR OVERHAUL OF ARTICLE 31 SINCE CPLR'S 1963 ADOPTION--PART 2

The New Filing System:

 

  • Fees in "Conversion" Divorce
  • Defendants Can Estimate Service Time

Recent Amendments:

 

  • Changes in Service by Mail
  • Re-Noticing Article 78 Hearing

Federal Practice:

 

  • Venue for Arbitrability Applications

... and more

Open Citations:

 

  • International (Issue 2/Page 4): 155 Misc.2d 975.
  • United Kingdom (Issue 6/Page 4): 998 F.2d 68.

 ARTICLE HEADLINES

FEATURE ARTICLE:
THE 1993 DISCLOSURE AND DISCOVERY CHANGES : FIRST MAJOR OVERHAUL OF ARTICLE 31 SINCE CPLR'S 1963 ADOPTION--PART 2

CPLR 3101(b): PRIVILEGED MATTER

CPLR 3101(h) (NEW): THE SUPPLEMENTATION REQUIREMENT

Relationship to Paragraph (1) of Federal Rule 26(e): Updating Requests to Reveal Witnesses

Relationship to Paragraph (2) of Federal Rule 26(e): The Gist of the Supplementation Requirement

Relationship to Paragraph (3) of Federal Rule 26(e): Court Can Order Supplementation; Can Party Demand It?

Form of Amendment or Supplement

CPLR 3102(c): DISPENSING WITH RECORDING OF PRE-ACTION DEPOSITION IN REALTY CASE


 
 THE NEW FILING SYSTEM

FEES IN "CONVERSION" DIVORCE:
If Fee Is Paid Upon Filing Separation Agreement, Need Another One Be Paid Upon Commencing the Divorce Action a Year Later?

FRINGE BENEFIT UNDER NEW SYSTEM?:
Would-Be Defendants Can Estimate When Summons Will Be Served


 RECENT AMENDMENTS

SUMMONS SERVICE BY MAIL:
Amendment Clarifies a Few Points About CPLR 312-a, the Service by Mail Provision

ARTICLE 78 PROCEEDINGS:
Amendment Enables Respondent as Well as Petitioner to Re- Notice Hearing After Dismissal Motion Denied

 
ARTICLE 78 PROCEEDINGS:
Amendment Enables Respondent as Well as Petitioner to Re- Notice Hearing After Dismissal Motion Denied

SILICONE STATUTE OF LIMITATIONS:
New Law Revives Statute of Limitations in Silicone Implant and Intrauterine Device Cases


 FEDERAL PRACTICE

VENUE FOR ARBITRABILITY APPLICATIONS:
Agreeing to Arbitration Through NYSE or NASD Authorizes New York Courts to Resolve Threshold Questions

         
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