FEATURE ARTICLE:
THE 1993 DISCLOSURE AND DISCOVERY CHANGES :
FIRST MAJOR OVERHAUL OF ARTICLE 31 SINCE CPLR'S 1963 ADOPTION--PART
5
CPLR 3124 (NEW): COMPELLING DISCLOSURE
CPLR 3126: PENALTIES FOR FAILING TO DISCLOSE
CPLR 3132: DEFENDANT'S PRIORITY IN SERVING INTERROGATORIES
CPLR 3133: CHANGE IN PROCEDURE FOR OBJECTING TO INTERROGATORIES
CPLR 3140: AUTHORITY FOR ADOPTING RULES ON EXCHANGING APPRAISAL REPORTS
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THE
NEW FILING SYSTEM
SPECIAL PROCEEDING PROBLEMS:
Filing Notice of Petition Without Petition
Is Jurisdictional Defect, Not Cured by Service
REDEMPTION WITH SECOND SERVICE?:
If Service Precedes Filing (Which Is Not
Allowed), Can P Then Correct Things by Serving Again, If All Is Done
Within Allotted Time?
BACKLOG
ITEMS
APPEALABILITY OF DIVORCE JUDGMENT:
Departmental Conflict About Whether Divorce
Judgment May Be Appealed Before Equitable Distribution Is Determined
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HOW MANY SUMMONSES TO SERVE?:
To Serve Both Partner and Partnership, Parent
and Infant, Corporate Officer and Corporation (Etc.)-- How Many Copies
Must Be Served?
FEDERAL
PRACTICE
ALL AMENDMENTS GO THROUGH :
By Congress's Inaction, All Federal Rules Changes
Become Law, Including Controversial Mandatory Disclosure Requirement
REMOVAL IN CPLR 3213 CASE:
What Is Defendant's Answering Obligation When
CPLR 3213 Motion/Action Is Removed to Federal Court?
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