Siegel's Practice Review - September, 2006 Headlines & Topics


September, 2006

Overview of topics...

NEW STATUTES AND RULES
NOTE: A number of new laws, some already in effect and some -- key ones -- to take effect October 1, 2006, affect judicial procedure. We've devoted all of this issue to them. Some of the new provisions are statutes and some of them -- including perhaps the most important ones -- are rule promulgations by the Office of Court Administration. Probably the most influential of these new rules affect the conduct at depositions, for which reason the lead note in this issue is devoted to them. The rest of the issue is devoted to other new laws. Several new laws not treated in this issue will be included in the next one, Issue 178.

NEW LAWS :

New Rule Imposes General Requirement of Notice Even on Application for Temporary Restraining Order
Amendment of Rule Authorizes Court to Require Insurance Carrier to Attend at Pretrial Conference
Source of Authority for Rulemaking by Court System
Amendment Addresses Notice to Parties Outside State in Custody Proceedings
Amendment Facilitates Securing Out-of-State Materials in Post-Judgment Enforcement Proceedings by In-State Service of Subpoena on Party Controlling Materials
Amendment Permits Award of Costs Against Agency for Failing to Respond to FOIL Demand Within Allotted Time

ARTICLE HEADLINES

Feature Article:

NEW RULES ON DEPOSITIONS TAKE EFFECT OCTOBER 1, 2006
Rules Enumerate Commonly Met Disruptive and Abusive Conduct
at Depositions and Take Direct Aim at It

Other New Laws:

TEMPORARY RESTRAINING ORDERS
New Rule, Uniform Rule 202.7(f), Imposes General Requirement of Notice Even on Application for Temporary Restraining Order

PRETRIAL CONFERENCE
Amendment of Rule Authorizes Court to Require Insurance Carrier to Attend at Pretrial Conference

AUTHORITY FOR RULE PROMULGATIONS
Both Constitution and Statute Supply Authority for Rule-Making by the Office of Court Administration

NOTICE IN CUSTODY PROCEEDINGS
Amendment Addresses Notice to Parties Outside State

POST-JUDGMENT ENFORCEMENT SUBPOENAS
Amendment Allows Securing of Out-of-State Materials by In-State Service of Subpoena on Party Controlling Materials

FREEDOM OF INFORMATION LAW
Amendment Permits Award of Costs Against Agency for Failing to Respond to FOIL Demand Within Allotted Time