Civil Procedure

A SAMPLING OF “CIVIL PROCEDURE” ISSUES ADDRESSED IN THE NEW YORK APPELLATE DIGEST SEARCHABLE DATABASE

CIVIL PROCEDURE issues in this database are pervasive and too numerous to list comprehensively. The CPLR statutes are usually cited in the database and can be used for “keyword” searches to retrieve the relevant summaries. A few of the many procedural issues addressed in the database are listed below to provide some insight into the depth of coverage:

Summary Judgment Motions (review criteria, by far the most common genre addressed by the appellate division, the review criteria are rigidly and consistently applied and well worth understanding at the pleading stage);

Motions to Dismiss (review criteria, perhaps the second most prevalent genre addressed by the appellate division, the review criteria are rigidly and consistently applied and well worth understanding);

Arbitration (review criteria, extremely limited judicial role which should be understood before seeking review);

Administrative Law (review criteria, very limited judicial role which should be understood before seeking review, and perhaps before participating in the administrative proceeding);

Sua Sponte Rulings (rulings not requested by a party, strongly disfavored but common, many appeals could be avoided by alerting the motion court to the error at the time of the ruling, etc.);

Law Office Failure (sometimes successful, sometimes not);

Discovery/Disclosure Orders (sanctions for violating, privileged information, expert witnesses, etc.);

Spoliation (sanctions);

Standing;

Choice of Law;

Conflict of Laws;

Long-Arm Jurisdiction;

Toll of Statute of Limitations (continuous treatment, continuing wrong, etc.);

Consolidation/Joinder of Actions;

Undertakings;

Defenses (pleading, waiver);

Relation Back Doctrine;

Stipulations;

Preclusion Orders;

Abandonment;

Injunctions;

Yellowstone Injunction (landlord-tenant);

Searching the Record (summary judgment);

Subpoenas (motion to quash, etc.);

Documentary Evidence (motion to dismiss based upon);

Defamation (pleading requirements);

Fraud (pleading requirements);

Reply Papers (new issues, new evidence);

Motions to Reargue (appealable);

Motions to Renew;

Motions to Set Aside the Verdict;

Motions for Judgment as a Matter of Law;

Motions to Amend the Complaint;

Motions to Amend the Bill of Particulars;

Judiciary Law 487 (intent to deceive must be alleged with particularity);

Technical Defects (omission of return date, failure to attach pleadings to motion for summary judgment, etc.);

Protective Orders (deposition of attorney);

Collateral Estoppel;

Res Judicata;

Automatic Dismissal;

Methods of Service (failure to use overnight service, etc.)

Class Actions;

Compelling Acceptance of Late Service:

Expert Witnesses (disclosure issues);

Subject Matter Jurisdiction;

Deceased Parties (substitution with a representative);

Declaratory Judgments;

Necessary Parties;

Collateral Source;

Service on Limited Liability Companies;

Dismissal for Failure to Make Out a Prima Facie Case;

Motions in Limine;

Default, Motions to Vacate;

Voluntary Discontinuance;

Notices of Claim;

Neglect to Prosecute;

Venue;

Borrowing Statute;

Continuance;

Jurisdictional Disclosure (sufficient start);

Infant Parties;

Releases;

Identifying John Does.