Search the Issue Highlights:  

Search Tips

Issue Index About SPR Subscriptions The Author  
 

 

 
     

OCTOBER 1993
 
Overview of topics...

Lead Note:

THE 1993 DISCLOSURE AND DISCOVERY CHANGES : FIRST MAJOR OVERHAUL OF ARTICLE 31 SINCE CPLR'S 1963 ADOPTION PART 3

The New Filing System:

 

  • Bringing Follow-Up Special Proceeding
  • Nunc Pro Tunc Order in Second Action? Late Notice of Claim Motion Attorney's Liability for Restraint Violation

Federal Practice:

 

  • Disclosure in Aid of Foreign Action

... and more

Open Citation:

 

  • Park (Issue 4/Page 3): 156 Misc.2d 352.

 ARTICLE HEADLINES

FEATURE ARTICLE:
THE 1993 DISCLOSURE AND DISCOVERY CHANGES : FIRST MAJOR OVERHAUL OF ARTICLE 31 SINCE CPLR'S 1963 ADOPTION PART 3

CPLR 3102(f): INTERROGATORIES AND REQUESTS TO ADMIT NOW OKAY AGAINST STATE

CPLR 3103(a): PROTECTIVE ORDER ON MOTION OF NONPARTY

CPLR 3113(a)(2): OFFICERS WHO MAY TAKE DEPOSITIONS

CPLR 3116(a): DISPENSING WITH SIGNING OF DEPOSITION BY OFFICER

CPLR 3120(a): DISCOVERY NOW ALLOWED BY "CATEGORY" OF DOCUMENTS



 
 THE NEW FILING SYSTEM

SPECIAL PROCEEDINGS:
Complications in Measuring Time for Second Proceeding When Service Fails in First One

FILING PROOF OF SERVICE:
Is Nunc Pro Tunc Order Permissible to Remedy Late Proof of Service in the Second Action?

PRIORITY BETWEEN ACTIONS:
Under "Filing" System, Which Action Gets Priority on Other- Action-Pending Motion?

 
 GENERAL PRACTICE POINTS

NOTICE OF CLAIM:
Special Proceeding Can Be Used for Leave to Serve Late Notice of Claim

CONTEMPT AGAINST ATTORNEY:
Lawyer Deliberately Withholding from Client Data About Restraining Notice Faces Contempt


 FEDERAL PRACTICE

DISCLOSURE IN AID OF FOREIGN PROCEEDING:
Second Circuit Holds That Local Disclosure to Aid Foreign Action May Cover More Than Foreign Tribunal Would Itself Allow

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