Search the Issue Highlights:  

Search Tips

Issue Index About SPR Subscriptions The Author  
 

 

 
     

November, 2003
 

Overview of topics...

Lead Note:

LOGISTICS OF COLLECTING FEES FOR MOTIONS IMPOSE EXPENSE IN TIME ON COURTS AS WELL AS LAWYERS, TO THE POINT EVEN OF OFFSETTING THE FEES COLLECTED

New Law:

  • Copy of Subpoena Must Be Served on Party and So Timed That Party Receives It Before Goods Are Produced

General Practice Points:

  • Federal One-Year for Confirming Arbitration Award Is Mandatory, Not Mere Precatory Period
  • Decade Delay by P's No-Fault Insurer in Paying P's $41,000 Judgment Invokes 2%-Per-Month Penalty and Produces $400,000
  • D's Failure to Answer Complaint's Allegatios on Self-Incrimination Grounds Brings P Summary Judgment
  • Divided Appellate Term Bars Any Small Claims Recovery for Medical Malpractice Plaintiff for Want of Expert Testimony
  • Renewal of 18-Year-Old Judgment Secures New 10-Year Lien on Defendant's Real Property

 ARTICLE HEADLINES


FEATURE ARTICLE:

LOGISTICS OF COLLECTING FEES FOR MOTIONS IMPOSE EXPENSE IN TIME ON COURTS AS WELL AS LAWYERS, TO THE POINT EVEN OF OFFSETTING THE FEES COLLECTED

  • Special Problem for Collection Lawyers
  • Again the Issue of Filing Settlements
  • Guardians and Other Court-Appointed Personnel Exempted from Having to Pay Motion Fees
  • Motion Fee in Addition to Special Proceeding Fee?

 

 


New Laws:

NEW LAW—TIMING SUBPOENA DUCES TECUM
Subpoena Copy Must Be Served on Party Be and So Timed That Party Receives It Before Goods Are Produced

General Practice Points:

FEDERAL v. NEW YORK ARBITRATION
Federal One-Year Period for Confirming Award Is Strict Statute of Limitations, Not Flexible Precatory Period

IMPACT OF 2% MONTHLY INTEREST
Decade Delay by P's No-Fault Insurer in Paying P's $41,000 Judgment Invokes 2%-Per-Month Penalty and Produces $400,000

 

 


SELF-INCRIMINATION
D's Failure to Answer Any of Complaint's Allegations on Self-Incrimination Grounds Brings P Summary Judgment

SMALL CLAIM FRUSTRATION
Divided Appellate Term Bars Any Small Claims Recovery for Medical Malpractice Plaintiff for Want of Expert Testimony

JUDGMENT LIENS
Renewal of 18-Year-Old Judgment Secures New 10-Year Lien on Defendant's Real Property

         
  ©1993 David D. Siegel  All rights reserved.   |   Web design & hosting by Azurelink.   |  Site Comments?