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OCTOBER 1994
 
Overview of topics...

Lead Note:

THE NEW BILL OF PARTICULARS PRACTICE: "PRECLUSION" ROUTINE OUT; MOTIONS REDUCED; PENALTIES INCREASED--PART 2

The New Filing System:

 

  • Not Applicable to Original Proceedings in Appellate Division
  • Premature Filing of Second Action Upheld

General Practice:

 

  • Attorney's Fee Arbitration, Effect on Malpractice Claim
  • Death of Process Server

New Laws:

 

  • Where to Depose Cities, Towns, etc.
  • Fees with Information Subpoenas
  • Synopsis of Other 1994 Laws

Backlog Items:

 

  • Resettlement Doesn't Re-Start Appeal Time
  • Pursuing Debtor's Debtor for Judgment Enforcement

Federal Practice:

 

  • Is Initial Filing of Summons Mandatory?
  • No Subpoena Service by Mail

Open Citation:

 

  • Cacciatore (Issue 21/Page 4): 201 A.D.2d 692.

 ARTICLE HEADLINES

SYNOPSIS OF PART 2 OF BILL OF PARTICULARS TREATMENT

FEATURE ARTICLE:
THE NEW BILL OF PARTICULARS PRACTICE: "PRECLUSION" ROUTINE OUT; MOTIONS REDUCED; PENALTIES INCREASED--PART 2

• Subdivision (b): Amending the Bill of Particulars

• Subdivision (a): The New Procedure

•  Watch Out for the Relettering of Subdivisions

• Subdivision (c): Failure to Respond or Comply


 
THE NEW FILING SYSTEM

WHAT SYSTEM IN APPELLATE DIVISION?:
Filing System Doesn't Apply to Original Proceedings in Appellate Division; Dismissal Is Result

 
PREMATURE FILING OKAY:
Bringing Follow-Up Action Before Expiration of First 120-Day Period Held Permissible


 GENERAL PRACTICE

ARBITRATION OF ATTORNEY'S FEE:
Lawyer's Success in Fee Arbitration Before Bar Committee Precludes Client's Malpractice Action

DEATH OF PROCESS SERVER:
What If Process Server Dies Before Executing Affidavit?


NEW LAWS

DEPOSING PUBLIC CORPORATIONS:
No Longer Need Deposition of Public Corporations (Cities, Towns, Etc.) Take Place in Courthouse

INFORMATION SUBPOENAS:
No Fee for Recipient of Information Subpoena

OTHER 1994 LAWS:
Some Done and Some Need Doing

 
 BACKLOG ITEMS

RESETTLING ORDERS:
Resettlement That Makes No Substantive Change in Order Doesn't Start New Appeal Time

ENFORCEMENT REMEDIES:
Getting Receiver Appointed So That Creditor Can Sue Debtor's Debtor


 FEDERAL PRACTICE

SUMMONS FILING MANDATORY?:
Need Summons Be Filed with Complaint If Waiver of Service Contemplated?

SUBPOENA SERVICE:
Only Personal Service Permissible for Subpoena; Mail Service Quashed

         
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