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JANUARY EXTRA 1994
 
Overview of topics...

Lead Note:

OVERHAUL OF SUMMONS SERVICE AND PERSONAL JURISDICTION IN THE FEDERAL COURTS: THE NEW RULE 4 OF THE FEDERAL RULES OF CIVIL PROCEDURE--PART 3

The New Filing System:

 

  • Consequence of Wrong Venue
  • New Fee When Venue Motion Made?

General Practice:

 

  • Defense of "Standing to Sue"
  • Stay Problems When Several Claims Moved Against

Backlog Items:

 

  • Meaning of "Open Court" Settlement
  • "Affirmation" Requirement on Time-Limited Motions

Open Citation:

 

  • Kevorkian (Issue 9/Page 3): 158 Misc.2d 464, 601 N.Y.S.2d 522.

 ARTICLE HEADLINES

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 3

• Serving Others Besides Individuals

• Infants and Incompetents

• Corporations and Associations

• The U.S. and Its Agencies

• The States and Foreign Nations and Their Agencies

• 4. Service Outside United States.

• Service Abroad under the Hague Convention


 
 THE NEW FILING SYSTEM

SETTING WRONG VENUE:
Does Mistake in Venue Require Dismissal Under New Filing System?

NEW FEE ON VENUE APPLICATION?:
If P Paid Fee in County X, and D Moves in County Y for Change of Venue, Must D Pay New Fee?


 GENERAL PRACTICE

STANDING TO SUE:
Defense of Lack of Standing to Sue Waived by Laches

INADVERTENT DEFAULT?:
Appealing Order Denying Dismissal of Claim Two (While Dismissing Claim One) Doesn't Postpone Obligation to Answer Claim Two

 
 BACKLOG ITEMS

"OPEN COURT" SETTLEMENTS:
For Settlement Purposes, "Open Court" Doesn't Necessarily Mean the Courtroom Itself

BILL OF PARTICULARS:
Exceeding the 10 Days in Which to Object to Inadequate Bill Is Not Excused by the Need to Satisfy the "Affirmation" Rule

         
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