Answers, Tips, and Forms for New York Litigators
New York Civil Practice Before Trial gives you clear, concise explanations, practice tips, and recent case-based illustrations covering everything from taking the case up to trial.
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.
You will find detailed coverage of:
- Standing and joinder
- Production of documents
- Physical and mental exams
- Summons and service
- Motion practice
- Summary judgment
- Notices to admit
- TROs and injunctions
- Settlement and ADR
- 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:
- 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
- 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
- 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
- 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, over 130 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.
REVISION 13 HIGHLIGHTS
The 2016 supplement to New York Civil Practice before Trial brings you up to date with changes to the CPLR, court rules, and more than 200 new citations to recent cases.
- Difference between a “fixation device” and a “surgical device” for statute of limitations purposes.
- CPLR 205(a) trumps borrowing statute.
- General jurisdiction over foreign corporations authorized to do business in New York survives
- Action commenced after death of prospective defendant is a nullity.
- Class actions under statutes providing for penalties or treble damages.
- Format requirements for all court-filed papers.
- When the clerk’s office can refuse to accept papers for filing.
- Affiants outside of the US and its territories may provide an affirmation instead of an affidavit.
- Discovery of content on social networking sites.
- Test for when subpoenas to nonparties will be upheld.
- Deposition limitations imposed by Commercial Division Rule 11d.
- Right of a nonparty deponent’s counsel to object during a deposition.
- Limitations on interrogatories imposed by Commercial Division Rule 11a.
- Spit among the Appellate Divisions as to information required to be produced regarding an expert’s identity.
- General Obligations Law §5-1402 does not supersede Business Corporation Law §1312.
- Absence of conditions may be error when court grants forum non conveniens dismissal.
- In ruling on summary judgment motion, court may not decline to consider an expert affidavit on grounds of failure to provide expert disclosure.