“Judicial Notice” is a process which may be used to have certain matters accepted at trial as established, without the necessity of formal proof. It comes in two forms: (1) judicial notice of facts; and (2) judicial notice of law. See generally, Guide to NY Evidence, Article 2; Federal Rule of Evidence 201. Judicial Notice…
Read More Judicial Notice in New York PracticeIn New York practice, the “Bill of Particulars” is a widely-used device to obtain more detail – “particulars” – about a legal claim (either a plaintiff’s affirmative claims, or a defendant’s affirmative defense(s)). Technically, even though the Bill of Particulars (referred to as a “BP” by New York litigation regulars) is not a “discovery” device,…
Read More The “Bill of Particulars” in New York Practice“Interrogatories” are a discovery tool (among many) used in lawsuits in New York courts. In sum, these are written questions seeking specific information – including the identification of witnesses and the factual bases for a party’s contentions – pertinent to the case. The use of interrogatories is specified in Civil Practice Law and Rules (CPLR…
Read More Interrogatories in New York PracticeThe police accident report, known in New York as a Form MV-104, is a document typically used in motor vehicle accident litigation. It memorializes various pieces of information relevant to the accident, including (among other things): When the accident occurred; Who was involved in the accident; Where the accident occurred; Descriptions of the involved vehicles;…
Read More The Police Report in New York Personal Injury LitigationIn litigation, “spoliation of evidence” occurs when a litigant, intentionally or negligently, disposes of crucial items of evidence before their adversary has an opportunity to inspect them. See generally New York Pattern Jury Instructions (PJI) 1:77; New York Motions in Limine § 9:24 (2024 ed.). As explained by the U.S. Court of Appeals for the…
Read More Spoliation of Evidence in New York Civil LitigationIn civil litigation, the trial is the end of a long journey, beginning with the filing of a complaint, continuing through and completing discovery, and, often, motion practice. In New York state court, the filing of the Note of Issue will result in the placement of the case on the trial calendar. Before the matter…
Read More Anatomy of a Lawsuit, Part 6: TrialAfter the plaintiff has filed and served the complaint, received the answer (or overcome a motion to dismiss), and conducted and completed discovery, we reach a point where a party may seek a remedy called “summary judgment.” (While technically a party may move for summary judgment before the close of discovery, it typically occurs after…
Read More Anatomy of a Lawsuit, Part 5: Summary JudgmentPlaintiff has filed and served their Complaint, and the Defendant has either filed their Answer, or made a motion to dismiss which the Court has denied. At this point, we enter the most involved, costly, and time-consuming stage of litigation: Discovery (“Disclosure” in New York practice). (If this were a cross-country road trip from New…
Read More Anatomy of a Lawsuit, Part 4: Discovery / DisclosureNow that the papers have been appropriately served, the ball shifts to the defendant(s), who have several options. Generally, this boils down to 3 options: (1) default; (2) submit an answer; or (3) make a motion to dismiss. Default Where a defendant defaults – i.e., fails to submit an answer or responsive pleading , the…
Read More Anatomy of a Lawsuit, Part 3: Defendant’s Move – Default, Answer, Motion to DismissNow that the plaintiff has filed the Summons and Complaint (or, if in federal court, filed the Complaint and received the Summons issued by the court), they must “serve” these documents on the defendant(s). There are highly detailed and technical rules governing this process (see, e.g., FRCP 4; CPLR Article 3) which is beyond the…
Read More Anatomy of a Lawsuit, Part 2: Service of Process