New York Practice Fall Semester Notes

New York Practice Fall Semester Notes - 8/31/00 The...

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8/31/00 The C.P.L.R. is not well indexed. A title of a section may have nothing to do with what the section actually talks about. There is no difference between a section and a rule. NY doesn’t have an equivalent of the Federal Rules of Evidence. The rules of evidence in NY are mostly based on case law. There are some rules of evidence in the C.P.L.R. In NY, the Supreme Court is a trial court. It is a court of general jurisdiction. It is not the highest court. In every county except for the 5 boroughs there is a county court. In New York City there is the Civil Court of the City of New York. You can only get money in the Civil Court not equity. You can get equitable relief in the Supreme Court. Every county has a surrogates court and a family court. There are also town courts and village courts. Nassau and Suffolk counties both have district courts. A suit for money damages against the state can only be brought in the Court of Claims. In the NYC area, there is also something called the Appellate Term which hears appeals from the Civil Court of NYC and the Nassau and Suffolk district courts. The Appellate Division is divided into 4 departments. The Appellate Division hears appeals from all the different courts. The highest court in the state is the Court of Appeals which mostly hears cases that come from the Appellate Division. Supreme Court justices are elected. Appellate Division judges can only be chosen from Supreme Court justices. Court of Appeals judges are picked by the Governor from a list of people given to by a panel. Court of Appeals decisions are the laws of the state. When the Appellate Division speaks, it is pretty close to the law. Jurisdiction When bringing a lawsuit, a lawyer has to make several decisions. One decision is in which state are you going to sue. Why does it make a difference in which state you are going to sue? There are several reasons why we care about this. One consideration is that the substantive law of 2 states maybe different. A lawyer may also want the home court advantage. A lawyer wants to litigate where he or she is most comfortable. Another consideration is the cost to the client. If you have to sue in a state that is far away, there are added expenses. Another issue facing a lawyer is whether to sue in state court or federal court. The federal courts tend to move a lot faster than state courts. In NY, summary judgment is different in state court and federal court. It is very hard to get a summary judgment motion in the 2 nd Circuit. In state court it is granted much more frequently. Discovery is also very different. In federal court you get a lot. In state court there is a much narrower discovery. In state court, you can get relief (like an injunction) very easily. The other side doesn’t even have to be there for it. In federal court, you can’t get temporary relief without the other side being there. In federal court, very few things can be appealed. About the only thing that can be appealed are orders of final judgment.
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New York Practice Fall Semester Notes - 8/31/00 The...

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