In New York practice, there are many devices available to the parties for obtaining information as part of the discovery (in NY, “disclosure”) phase of civil litigation. These include Interrogatories, Demands for Documents and Things, Depositions, and (as will be discussed here) Requests for Admissions. New York Civil Practice Law and Rules (CPLR) 3123 provides:[1]In…
Read More The Notice to Admit in New York PracticeA deposition (known in New York as an “Examination Before Trial” or “EBT”) is one of the devices used during the discovery (in New York, “disclosure”) phase of the civil litigation process. Generally A deposition/EBT is a proceeding – typically held out of court, such as in a lawyer’s office or court reporting company’s facility…
Read More Depositions in New York Practice – An Overview“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 PracticeSome say that relatively new generative AI technology is set to disrupt one or more industries – including law. In light of a recent development, I’d say that’s a bit of an overstatement. In a recent case, Mata v. Avianca, Inc., pending in the U.S. District Court for the Southern District of New York, Civil…
Read More An Excellent Reason Not to Rely on Chat GPT For Legal ResearchIn 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