FEATURE ARTICLE:
MORE CASES BAR USE OF EXPERT BECAUSE OF PARTY'S
FAILURE TO FURNISH DATA ABOUT EXPERT BEFORE TRIAL
TRACKING
THE NEW LAWS
MALPRACTICE STATUTE OF LIMITATIONS:
Holding Amendment That Reduces Malpractice
Statute to Three Years Prospective Only, Court Notes Constitutional
Issue
SUMMARY JUDGMENT TIME LIMIT:
Time Limit on Summary Judgment Motion Applies
in Pending Cases
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THE FILING SYSTEM DEFAULT IRRELEVANT:
Not Even Default Judgment Ordered by Court
Can Stand When Court Shown That a "Deemed Dismissal" Occurred
EXPLOITING P'S LAXITY:
With Deliberate Default, Canny Defendant May
Be Able to Maneuver a Dilatory Plaintiff Out of Time
GENERAL
PRACTICE
FRIVOLITY
SANCTIONS:
Repetitive Requests for Class Action Status
After Prior Warning Bring $5000 Sanction
NOTICE OF CLAIM:
Gen.Mun.L. ó50-e Notice of Claim Requirement
Does Apply in Small Claims Part
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COSTS IN AN ACTION:
If Trial Occurs Without Note of Issue Having
Been Filed, Does the Second of the Three Costs Items Get Assessed?
BACKLOG
ITEMS
SECURING MEDICAL RECORDS:
If Defendant Has Plaintiff's Authorization,
Physician Must Furnish Records Directly to Defendant
INFANT'S COMPROMISE:
After Defendant Settles with Infant Plaintiff,
Defendant Can't Withdraw Even Though Settlement Not Yet Approved by
Court
BANKRUPTCY STAY:
Entire Period of Bankruptcy Stay Constitutes
Extension of Time to Bring Action
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