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NOVEMBER 1993
 
Overview of topics...

Lead Note:

THE 1993 DISCLOSURE AND DISCOVERY CHANGES : FIRST MAJOR OVERHAUL OF ARTICLE 31 SINCE CPLR'S 1963 ADOPTION--PART 5

The New Filing System:

 

  • Need to File Petition in Special Proceeding
  • Corrective Second Service If First Fails?

Backlog Items:

 

  • Appealability of Divorce Judgment
  • How Many Summonses to Serve?

Federal Practice:

 

  • Congress Lets All FRCP Amendments Become Law
  • Removal in CPLR 3213 Case

Open Citations:

 

  • Bridgehampton (Issue 2/Page 3): 157 Misc.2d 246, 596 N.Y.S.2d 321.
  • Foden (Issue 9/Page 4): 3 F.3d 54.

 ARTICLE HEADLINES

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


 
 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

 
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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