FEATURE ARTICLE:
NEW LAWS ON SIGNING AND USING DEPOSITIONS
Time Limit of 60 Days Imposed on Signing and Returning Depositions;
Changes After the 60 Days Are Barred
Deposition Even of Party Who Settles Out May
Be Used by Remaining Party If Interest Was Adverse at Time of Deposition
THE
FILING SYSTEM
Risks When Two Dismissal Grounds Interplay:
One for Not Filing Proof of Service and the Other for Defective Service
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GENERAL
PRACTICE
WAIVER OF TRIAL BY JURY:
Problem of Waiver When Legal and Equitable
Demands Are Joined; Additional Problem When Counterclaim Is Asserted
APPELLATE RECORDS:
"Traveling Transcript" of Four Folios Per
Page Held Unacceptable in Appellate Record or Appendix
ENFORCEMENT IN LOWER COURTS:
To Enforce Civil Court Judgment Against Realty,
Judgment Creditor Must Use Supreme Court via Transcripting Procedure
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BACKLOG
ITEMS
ADDING PARTIES TO ARBITRATION:
Complicated Service Demands When Adding Parties
to Special Proceedings Brought to Test Arbitrability
RES JUDICATA FOR SMALL CLAIMS:
Small Claims Judgment Does Get Res Judicata
Effect; Only Issue Preclusion (Collateral Estoppel) Effect Is Barred
FEDERAL/STATE
PRACTICE
No Automatic and Bond-Free Stay for Municipality
Taking an Appeal in Federal Court
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