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SEPTEMBER 1995
 
Overview of topics...

Lead Note:

ONE COURT HOLDS THAT FILING OCCURS (AND PROCEEDING IS BEGUN) WHEN ORDER TO SHOW CAUSE IS DELIVERED TO CLERK AND FEE IS PAID, EVEN THOUGH JUDGE HAS NOT YET SIGNED THE ORDER

New Law:

 

  • Service on Nonresidents in Surrogate's Court

General Practice:

 

  • May D Attend Post-Judgment Deposition of Third Party?
  • More on Stays on Appeal
  • 100/300 Insurance Policy Ambiguity Brings Insurer Extra $90,000 Liability
  • How Early Can Plaintiff Start Discovery?
  • Must D Reveal Whether There Are Surveillance Tapes Before Deposing P?
  • Backlog Items on Neglect to Prosecute:
  • Merely Scheduling Conference Within 90 Days Doesn't Work
  • Even Ancient Case Survives If Defendant Doesn't Follow Demand Procedure

Federal Practice:

 

  • What Statute of Limitations If Federal Claim Doesn't Provide One?
  • Risk of Using Other State's Provision for Service in Federal Action

 ARTICLE HEADLINES

FEATURE ARTICLE:
ONE COURT HOLDS THAT FILING OCCURS (AND PROCEEDING IS BEGUN) WHEN ORDER TO SHOW CAUSE IS DELIVERED TO CLERK AND FEE IS PAID, EVEN THOUGH JUDGE HAS NOT YET SIGNED THE ORDER


 
NEW LAW

SURROGATE'S COURT PRACTICE:
Service on Nonresidents Eased in 1995 Amendment


 GENERAL PRACTICE

DISCLOSURE IN AID OF ENFORCEMENT:
Debtor Has No Right to Attend Deposition of Third Party Being Questioned About Debtor's Property

 
MORE ON STAYS ON APPEAL:
When Appeal Is from Lower Appellate Court, Serving Mere Affidavit of Intention to Appeal Earns No Automatic Stay

AMBIGUITY IN INSURANCE COVERAGE:
On 100/300 Policy, Ambiguity Brings Insurer Extra $90,000 of Liability to Individual Insured

DISCOVERY NOTICE:
P Can't Serve Discovery Notice with the Summons

SURVEILLANCE TAPES:
D Must Reveal Whether There Is Surveillance Tape Before Being Allowed to Depose P

 
 BACKLOG ITEMS

NEGLECT TO PROSECUTE:
Merely Scheduling Conference During the 90 Days Doesn't Satisfy Requirement

NEGLECT TO PROSECUTE:
Ancient Case Still Can't Be Dismissed Unless Defendant Uses the 90-Day Demand Procedure


 FEDERAL PRACTICE

FEDERAL STATUTE OF LIMITATIONS:
U.S. Supreme Court Again Notes Borrowing of State Statute of Limitations for Use in Federal Question Cases

FEDERAL SERVICE:
In Federal Court, Okay to Use Methods of State Where Service Occurs, But Out-of-State Lawyers Must Be Wary

         
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