New York Civil Practice Before Trial

Justice Myriam Altman, confidential law clerk Sharon Stern Gerstman, and litigators Michael Barr and Burton Lipshie, have drafted a landmark procedure guide.

New York Civil Practice Before Trial delivers quick and reliable answers with its unique outline format, tight writing, superb scholarship, and extensive citations. Its practice-tested forms and pattern paragraphs speed drafting. And the accompanying full-text CD-ROM provides a second and portable reference at no extra charge.

You will find detailed coverage of:

Jurisdiction
Venue
Privileges
Standing and Joinder
Production of documents
Pleadings
Physical and Mental exams
Summons and Service
Interrogatories
Motion practice
Depositions
Summary judgment
Notices to admit
TROs and injunctions
Settlement and ADR
Defaults
Special proceedings.

Two-thirds of the book’s pages address pleadings, motions, and discovery. Eight chapters are devoted to discovery issues and procedures. New York Civil Practice Before Trial is focused on the issues and concentrates topics where questions and disputes arise. A few tips include:

Discovery disputes

The easiest way to resolve a dispute. §31:02
Procedural requirements for supervision of disclosure, §31:40, motions to compel production, §31:50, to extend time, §31:32, for protective orders, §31:110, and for sanctions, §31:90
Examples of sanctioned and non-sanctioned conduct, with case citations. §31:93

Dispositive motions

What constitute “material facts” for purposes of a summary judgment motion, with examples. §37:101
How to meet summary judgment burdens, §37:150, supporting evidence available, §37:220, and procedural requirements, §37:380
Strategies for responding to motions for summary judgment, §37:460, when opposition facts are unavailable, §37:480, bringing a cross-motion for summary judgment, §37:530, and deciding whether to respond to opposition papers, §37:560

Other motions

Strategic considerations, §16:07, pitfalls to avoid, §16:30, and brief-drafting tips, §16:86
Service when defendant has not yet appeared. §16:103
Practical hearing suggestions from the bench. §16:210
Issues appropriate for immediate trials. §16:232
When to use stays, §16:271, orders
to show cause, §16:291, and motions for reargument or renewal, §16:310

Written discovery

Techniques for obtaining damaging documents. §26:60
Satisfying the “particularity” requirement. §26:64
What is and isn’t discoverable. §24:20
How to expedite discovery. §24:110
Responding to missing, evasive, or incomplete answers. §29:392
How to correct an inadvertent disclosure. §26:303

The book is supported by 3,500 citations, 120 forms, advice from the bench, recent case-based illustrations, practice-proven strategies, and step-by-step procedures. Coverage runs from taking the case up to trial, and will help you increase efficiency, improve your advocacy, craft better documents, resolve peripherial disputes, answer ethical questions, and avoid and fix mistakes. It delivers a new level of practicality, quality, thoughtfulness, ease of use, and affordability. In addition, the free CD-ROM contains searchable full-text of the entire book, plus 120 modifiable forms--with no installation required.

Updated annually. ISBN 1-58012-062-8. Book price: $129.00

Reviews

"This exceptional text has four notable authors who bring a variety of experiences and rich expertise to the work product. . . . Do not miss out on this resource."
—Excerpted from the New York Law Journal, February 13, 2002.

"This is a writing team that offers extensive experience as well as varying perspectives on the issues that face New York civil litigators - a combination that comes through in virtually every chapter."
—Excerpted from the NYLitigator, Winter 2001.

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Updated 08/16/10