FEATURE ARTICLE:
JUDICIAL AMBIVALENCE ABOUT HOW TO PUNISH DELAYED
EXPERT DISCLOSURE MISLEADS SOME PARTIES INTO CASE-FORFEITING CONDUCT
THE
FILING SYSTEM
EFFECT OF LATE PROOF OF SERVICE:
Late Proof of Service in Second (Follow-Up)
Action Is Not Jurisdictional Defect
POST-JUDGMENT ENFORCEMENT PROCEEDING:
New Fee Needed for Post-Judgment Special Proceeding,
But Late Payment Here Is Not Jurisdictional Defect
EFFECT OF CONTRACTUAL TIME
PERIODS:
120-Day Period for Second Action After Dismissal
of First One Applies Even When Contract Sets Period of Limitations
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GENERAL
PRACTICE
BILL OF PARTICULARS SANCTIONS:
Moving to Preclude Before Bill of Particulars
Is Even Due Brings Sanction Against Defendant's Lawyer
RES JUDICATA FOR ARBITRATION
AWARD:
Award Is Res Judicata Even If No Judgment Is
Rendered on It, or If Judgment So Rendered Is Vacated for "Procedural"
Reason
LOST EVIDENCE:
Evidence That Lost Pipe Was Tested by X's Side
and Found to Implicate Y Not Barred Merely Because Y Couldn't Test
It
BACKLOG
ITEMS
DISCOVERY DEMANDS:
Even Under Amendment Allowing Categorical Demand
for Discovery, Demand Will Be Vacated If "Unduly Burdensome"
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SERVICE ON CORPORATIONS:
Corporation's Failure to Keep Agent's Address
Current on Secretary of State's Records Brings Default Judgment
MONEY AWARD IN MARITAL ACTION:
In Matrimonial Actions, Conflict on Whether
Money Order Can Be Docketed as Judgment Without Court Leave
FEDERAL
JURISDICTION
IGNORING FEDERAL REMOVAL:
Taking Default Judgment in State Court, After
Removal to Federal Court Divested Jurisdiction, Gets Lawyer $1000
Fine in State Court
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