SYNOPSIS OF PART 2 OF BILL OF PARTICULARS
TREATMENT
FEATURE ARTICLE:
THE NEW BILL OF PARTICULARS PRACTICE: "PRECLUSION"
ROUTINE OUT; MOTIONS REDUCED; PENALTIES INCREASED--PART 2
• Subdivision (b): Amending the
Bill of Particulars
• Subdivision (a): The New Procedure
• Watch Out for the Relettering
of Subdivisions
• Subdivision (c): Failure to
Respond or Comply
 THE
NEW FILING SYSTEM
WHAT SYSTEM IN APPELLATE DIVISION?:
Filing System Doesn't Apply to Original Proceedings
in Appellate Division; Dismissal Is Result
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PREMATURE FILING OKAY:
Bringing Follow-Up Action Before Expiration
of First 120-Day Period Held Permissible
GENERAL
PRACTICE
ARBITRATION OF ATTORNEY'S FEE:
Lawyer's Success in Fee Arbitration Before
Bar Committee Precludes Client's Malpractice Action
DEATH OF PROCESS SERVER:
What If Process Server Dies Before Executing
Affidavit?
NEW
LAWS
DEPOSING PUBLIC CORPORATIONS:
No Longer Need Deposition of Public Corporations
(Cities, Towns, Etc.) Take Place in Courthouse
INFORMATION SUBPOENAS:
No Fee for Recipient of Information Subpoena
OTHER 1994 LAWS:
Some Done and Some Need Doing
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BACKLOG
ITEMS
RESETTLING ORDERS:
Resettlement That Makes No Substantive Change
in Order Doesn't Start New Appeal Time
ENFORCEMENT REMEDIES:
Getting Receiver Appointed So That Creditor
Can Sue Debtor's Debtor
FEDERAL
PRACTICE
SUMMONS FILING MANDATORY?:
Need Summons Be Filed with Complaint If Waiver
of Service Contemplated?
SUBPOENA SERVICE:
Only Personal Service Permissible for Subpoena;
Mail Service Quashed
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