I. OVERVIEW OF NY PRACTICE & CPLR

I. OVERVIEW OF NY PRACTICE & CPLR - NY PRACTICE OUTLINE...

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1 NY PRACTICE OUTLINE SPRING 2004 PROF. BORTNICK I. CPLR 101: Short Title; Application CPLR 103: Form of Civil Judicial Proceedings NY Practice s Rule oriented s Less efficient than federal system s CPLR o Basic Rules s Other sources you need to check depending on court and … o NY Rules of Court —govern how cases move through court system s Rules of Chief Judge s Uniform Rule of NY State Trial Ct o Appellate Division, etc. o Local Court Rules s E.g.: NY County Rules (NYC) Commercial Part—Justice for NY business is the purpose Non-Commercial Part o NY Uniform Rules o Judges have own individual rule Now, all local rules are on-line PROCEDURE OVERVIEW --Ask who, what, when, where and how WHO: Who are the parties—who is suing, who is being sued WHAT: Causes of action—substantive WHERE: s Subject matter jurisdiction—are you in the right court s Personal jurisdiction—is there jurisdiction over D (long-arm, presence, etc.) s Forum Convenines—whether should a case be heard in NY if there is jurisdiction s Venue—are you in the right particular court in NY (what county) WHEN: Statute of limitations--#1 subject of malpractice by attorneys in NY HOW: How to sue someone—how to commence an action s Personal jurisdiction as it relates to process s Motion practice—how to make an application to a court asking for relief s Discovery—how to get info out of opponent s Trial s Appeals WHY: Why take a case—protect yourself financially
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2 II. SUBJECT MATTER JURISDICTION: CHOOSING THE PROPER FORUM If not in SCt, other rules—Family Court Act, Surrogate Court Act * This course focuses on Supreme Court. Court System (see diagram in notes) COURT OF APPEALS SUPREME CT APPELLATE DIVISION (4 DIVISIONS) SUPREME COURT NY Departments: 1 st : Brooklyn 2 nd : NYC, LI, Westchester, Putnam 3 rd and 4 th : all the rest Court of Appeals s Highest ct in NY s Jurisdiction: o Death penalty cases o Original jurisdiction from any appellate division w/ a reversal where appellate div. found new facts o Appeals from Appellate Divisions s Exception: If the only issue in a case is constitutionality of NY or US statute, then it can hear appeal from Supreme Court Appellate Divisions s Make law in most cases s General rule of appellate courts: Only hear questions of law, not facts s But, in NY , appellate divisions hear questions of law and facts s Some original jurisdiction: o Art. 78 proceedings—Mandamus—orders a judge to release a decision
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3 Supreme Court s Main court of general jurisdiction s NY Const. Art. 6 s Basic trial court s Most busy s Every county has a SCt (~62 counties: NY County, Dutchess, etc.) s Power to hear all cases o Except: s Federal courts have exclusive juris s Actions against NY State (issues of soverienty can sue NY, but must do so in Ct of Claims. Can sue in SCt if under Human Rights Law) s Appellate division has original juris (Art 78) Kagen ( Ct of Appeals 1968) (pg 143) s Facts: Divorce—W sues H for child support. H’s lawyer moves to dismiss.
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This note was uploaded on 02/14/2008 for the course LAW 7760 taught by Professor Bortnick during the Spring '04 term at Yeshiva.

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I. OVERVIEW OF NY PRACTICE & CPLR - NY PRACTICE OUTLINE...

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