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 4
• Methods for Making Service Abroad, Generally
• No Rigid Time Limit on Foreign Service
• 5. Geographical Area of Service.
• Basis of Subject Matter Jurisdiction Irrelevant
• 6. The New General "Longarm" Statute for Federal Question
Cases
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 THE
NEW FILING SYSTEM
STEPS IN SECOND ACTION:
Relating Second Action to First One When First
Is Dismissed for Passing the 120-Day Period: What Paper Work Required?
COMPLAINT IN SECOND ACTION:
Must Complaint in Second Action Be Identical
to First One?
ADDING PARTY IN SECOND ACTION:
May Plaintiff Add New Party to Second Action
Brought Under CPLR 306-b(b)?
GENERAL
PRACTICE
ENFORCEMENT OF JUDGMENTS:
If C Has Judgment Against D, C Can Seize Proceeds
D Collects from D's Own Judgment Debtor
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REMITTITUR STANDARD:
Trial Court, in Determining Whether To Reduce
Verdict, Should Apply Same "Deviates Materially" Standard Appellate
Court Does
BACKLOG
ITEMS
WAIVING JURISDICTIONAL OBJECTION:
Making CPLR 3211 Motion Without Including Jurisdictional
Objection Irrevocably Waives It
LATE PLEADING OF DEFENSE ALLOWED:
D May Assert Limitations Defense, Though Unpleaded
for Years, Because Absence of Discovery Steps Means P Not Prejudiced
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