SYNOPSIS OF PART 3 OF BILL OF PARTICULARS
TREATMENT
FEATURE ARTICLE:
THE NEW BILL OF PARTICULARS PRACTICE: "PRECLUSION"
ROUTINE OUT; MOTIONS REDUCED; PENALTIES INCREASED--PART 3
• Subdivision (d): Penalties
on Recipient of Demand for Failure to Comply
• Subdivision (e): Penalties on Demander
for Improper or Burdensome Demand
• The "Such Order as Is Just" Phrase
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• Review of the Subdivisions of
Old CPLR 3042: Where Do They End Up Now?
• Effective Date and Retroactivity
 THE
FILING SYSTEM
SUMMONS OMISSION VOIDS JURISDICTION:
Omitting Both Index Number and Date of Filing
from Summons Is Jurisdictional Defect and Requires Vacatur of Judgment
ALTERATION OF FILING DATE:
Attempt to Alter Filing Date So As to Extend
the 120 Days for Service
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GENERAL
PRACTICE
UNDERMINING SMALL CLAIMS COURT:
Routine Practice of Transfering Small Claims
to Regular Part of Court, Subjecting Them to Arbitration and Trial
de Novo, Overturned by County Court
FEDERAL
PRACTICE
"SPECIAL PROCEEDING" IN FEDERAL COURT:
DOES MARSHAL HAVE TO SERVE THE NOTICE OF PETITION?
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