FEATURE ARTICLE:
OVERHAUL OF SUMMONS SERVICE AND PERSONAL JURISDICTION
IN THE FEDERAL COURTS: THE NEW RULE 4 OF THE FEDERAL RULES OF CIVIL
PROCEDURE PART 2
Defendant's Response to Waiver
Request; Time Provisions
Statute of Limitations Benefit to D by Not Cooperating
3. Changes in Methods of Service; Set-Up of Revised Rule.
State Law Service Methods Still Available
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THE
NEW FILING SYSTEM
WHAT CONSTITUTES "FILING"?:
Mere Posting of Papers to Clerk Doesn't Suffice
OMITTING INDEX NUMBER:
Omitting Index Number from Summons Not Fatal
GENERAL
PRACTICE
SECURITIES ARBITRATION:
Filing Statement with NASD's N.Y. Office Pursuant
to Arbitration Clause Is Not Submission to N.Y. Jurisdiction for Arbitration-Connected
Proceedings
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JOINT AND SEVERAL LIABILITY:
Share of Fault of State, Though Not Party to
Supreme Court Action, May Be Shown to Reduce Liability of Other Tortfeasors
BACKLOG
ITEMS
OUTER LIMIT ON MOTION TIME:
Making Motion Returnable 4 Months Later In
Attempt to Avoid Court-Ordered Disclosure Doesn't Work
SEAT BELT DEFENSE:
Even If Wearing Seat Belt Would Have Preserved
P's Life, D Must Still Pay Share of Wrongful Death Damages
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