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Overview of topics...
On September 1, 2003, Amendments Take Effect Easing Rules
for Discovery Against Nonparties
NOTE ON NEW LAWS: The unanticipated
complications met by the new requirement -- effective July
14, 2003
-- that fees
be paid for all almost all categories of motions and that
all settlements be filed necessitates a two-part treatment
of the subject and the inclusion of a Schedule of Captions.
Part I, which includes the schedule (below), is done in
this issue; Part II will be done in Issue 137 next
month. The
legislation simplifying nonparty discovery will be treated
in the August Issue, Issue 138, in time for its September
1st effective date.
Lead Note:
AS OF JULY 14, 2003, ADMINISTRATIVE PROBLEMS
FOR COURTS AND PROCEDURAL PITFALLS FOR PARTIES ABOUND AS
FEES ARE IMPOSED FOR MAKING MOTIONS AND CROSS-MOTIONS, AND
FILING OF SETTLEMENTS IS MADE MANDATORY
Treated in Part I (This Issue,
Issue 136)
- Introductory
- Courts Affected
- The New Fees Imposed for Making Motions
- Requiring
Fee to Be Paid "In Advance"
- Nunc Pro Tunc Effect Permissible for Late Payment?
- Fee
Also Imposed for Cross-Motions, Creating Special Problems
- Should Attorneys Keep Open Accounts
with Court?
- Procedural Quandaries on Ex-Parte Motions and
Orders to Show Cause
Treated in Part II in Issue
137 (to come)
- Fee Required in "Pending" Action
Only; What About Pre-Action and Post-Judgment Motions?
- Is Fee Required
for Motion to Reargue, Renew, Etc.?
- What About Motions During
Trial?
- Oral Motions
- Motions Made by Court Sua Sponte
- Is Special Proceeding
Deemed "Motion"?
- Is CPLR 3213 Action Also Deemed "Motion"?
- Appellate
Courts Affected
- All Settlements Must Now Be Filed
- All Discontinuances
Must Be Filed
- Are Lower Courts Affected by Settlement
and Discontinuance Amendments?
- Court Memos Being Circulated;
Implementing Rules Expected
- Effective Date and Retroactivity
Issues
- Many Related Issues
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