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 7
• Is Potential Statute of Limitations Bar Automatic Ground
for Excusing a Subdivision (m) Failure?
• Seek Time Enlargement Before the
120 Days Expire
• 9. What Is the Federal Statute
of Limitations?
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 THE
NEW FILING SYSTEM
Confusion in CPLR 3213 "Motion-Action" Cases
Between Filing Initial Papers and Then Filing Proof of Service
GENERAL
PRACTICE
COURT OF CLAIMS PROCEDURE:
Federal Procedure of Deeming Prisoner's Papers
"Filed" When Delivered to Prison Officials Rejected by N.Y. Court
of Claims
DISCLOSURE OF INSURANCE POLICY:
Subrogated Insurer Who Sues After Paying Insured
Must Disclose Insurance Policy to Defendant |
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BACKLOG
ITEMS
THIRD-PARTY PRACTICE:
The Perils to D of Not Opposing X's Motion
to Dismiss Third- Party Claim Because Preoccupied with P's Main Claim
BORROWING STATUTE:
No "Borrowing" Takes Place When Defendant Is
Not Subject to Jurisdiction in State Where Cause of Action Accrued
USE OF EXPERTS BARRED:
Court Bars Use of Expert Not Retained Until
Eve of Trial
INTEREST ON CONTRACT CLAIM:
With Right Language, Contract Can Secure Higher
Interest Than CPLR Rate Until Obligation Paid
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