PART III Discovery. Overview of the Discovery Process CHAPTER 8 KEY POINTS THE NATURE OF DISCOVERY. Information is obtainable by one or more discovery

Size: px
Start display at page:

Download "PART III Discovery. Overview of the Discovery Process CHAPTER 8 KEY POINTS THE NATURE OF DISCOVERY. Information is obtainable by one or more discovery"

Transcription

1 PART III Discovery CHAPTER 8 Overview of the Discovery Process Generally, discovery is conducted freely by the parties without court intervention. Disclosure can be obtained through depositions, interrogatories, demands for addresses, discovery or inspection of documents and things, physical and mental examinations, requests for admissions, and notices to inspect, copy and photograph documents. New York allows full disclosure of all evidence material and necessary in the prosecution or defense of an action, Information is obtainable by one or more discovery devices. Discovery is limited by certain privileges, such as attorney-client, priest-penitent, doctor-patient, etc. Orders to compel disclosure, and sanctions against noncomplying parties are available by motion to facilitate the discovery process. THE NATURE OF DISCOVERY DISCLOSURE This is governed by Article 31 of the CPLR. Information is obtained by the following: depositions upon oral questions (or, outside the state, upon written questions), demands for addresses, discovery or inspection of documents or property, physical and mental examinations of persons, and requests for admissions. See CPLR 3102(a). In personal injury actions, a demand for bill of particulars of a party s claim is frequently requested to amplify the pleadings and clarify the issues in dispute. See CPLR DEPOSITION. CPLR controls the deposition process. After an action is commenced, any party may take the testimony of any person. A written notice of taking oral questions shall be served, giving each party a twenty- (20) day notice of the examination. INTERROGATORIES. See CPLR 3130 for use of interrogatories. Note that interrogatories may not be served where a demand for bill of particulars has also been made of the same party (except in a matrimonial action). In negligence actions, a party may not serve interrogatories and conduct a deposition of the same party without court order. REQUEST FOR DISCOVERY AND PRODUC- TION OF DOCUMENTS AND THINGS FOR INSPECTION, TESTING, COPYING, OR PHOTO- GRAPHING. This is authorized by CPLR After commencement of an action, any party may serve any other party with notice to produce and permit the party seeking discovery to inspect copy, test, or photograph documents that are in the possession, custody, or control of the party served, as specified with reasonable particularity in the notice. PHYSICAL AND MENTAL EXAMINATIONS. When the physical or mental condition of a party is in controversy, any party may serve notice to submit to a physical test or blood examination. The notice may require written 55

2 56 PART III Discovery authorizations permitting all parties to make copies of medical records. REQUEST FOR ADMISSION. This is governed by CPLR 3123, See Chapter 13. After service of the answer, parties may serve upon other parties a written request for admission of the genuineness of any papers or documents, or the corrections of fairness of representation of any photographs, or the truth of any matters of fact set forth in the request. AMOUNT OF TIME After the commencement of an action, either party may serve written interrogatories. See CPLR An answer to the interrogatories shall be served within twenty (20) days after service of the interrogatories. See CPLR A party cannot serve interrogatories and also demand a Bill of Particulars pursuant to CPLR THE EXTENT OF ALLOWABLE DISCOVERY In New York, there shall be full disclosure of all evidence material and necessary in the prosecution of defense of an action. See CPLR Information is obtainable by one or more discovery devices. See CPLR LIMITS ON DISCOVERY THE ATTORNEY-CLIENT PRIVILEGE. CPLR 4503 protects this privilege. An attorney s work product is protected pursuant to CPLR 3101(c). PHYSICIAN-, CHIROPRACTOR-, DENTIST-, PODIATRIST-, NURSE-PATIENT PRIVILEGE. See CPLR CLERGY PRIVILEGE. See CPLR PROTECTION OF EXPERT TESTIMONY. Upon request, each party shall identify each person whom the party expects to call as an expert, and the subject matter of the expected testimony, the substance of the facts and opinions on which each expert is expected to testify, the qualifications of the expert, and the summary of grounds for the expert s opinion. See CPLR 3101(d). If an expert has not yet been retained, the usual response is to state so and acknowledge that the demand is a continuing demand. COOPERATING WITH DISCOVERY DISCOVERY CONFERENCES In the event that supervision of disclosure is deemed necessary, a motion may be made to the court for relief. See CPLR Local court rules should always be consulted. Also, the Uniform Rules for county and the Supreme Courts should be consulted regarding the Individual Assignment System (IAS), where a single judge is provided for the continuous supervision of all civil actions. See for court rules. ORDER TO COMPEL DISCOVERY CPLR 3124 provides for a motion to compel disclosure when a party fails to answer, appear, or submit to discovery. SANCTIONS AGAINST NONCOMPLYING PARTIES In the event that a party refuses to obey an order for disclosure or willfully fails to disclose information that the court finds ought to have been disclosed, the court may order that issues to which the information sought is relevant be deemed resolved for purposes of the action in accordance with the claim of the party seeking the order, or issue an order prohibiting the disobedient party from supporting or opposing any claims or defenses, or an order striking the pleadings, dismissing the action, or rendering a default judgment. See CPLR 3126.

3 CHAPTER 9 Depositions 57 CHAPTER 9 Depositions After an action is commenced any party may take the deposition of any party by serving written notice. A subpoena is required to take the deposition of nonparty witnesses. There is a provision for depositions upon written questions when the parties so stipulate or when testimony is to be taken outside the state. New York has no provision for telephone depositions. Objections as to the form of questions posed are deemed waived unless objected to at the deposition. THE DEPOSITION CPLR 3106 through CPLR 3117 govern the deposition process in New York. After an action is commenced, any party may take the deposition of a party by serving written notice. THE PARALEGAL S ROLE BEFORE THE ORAL DEPOSITION NOTICE REQUIREMENT CPLR 3107 requires a notice of at least twenty (20) days be given by the party desiring to take the deposition of any party. NOTICE OF INTENT TO TAKE ORAL DEPOSI- TION. The notice may require that books, papers, and other things be produced at the examination. See CPLR SUBPOENA REQUIREMENT SUBPOENA. CPLR 3106(b) requires service of a subpoena to examine a nonparty witness. PREPARATION FOR DEFENDING THE DEPOSITION A deposition within the state shall be taken within the county where a party resides or has an office for the transaction of business or where the action is pending. See CPLR 3110(1). THE PARALEGAL S ROLE DURING THE ORAL DEPOSITION NOTE-TAKING Objections as to the form of the question asked are deemed waived unless reasonable objection is made thereto at the time of the deposition. See CPLR 3115(b). THE PARALEGAL S ROLE AFTER THE ORAL DEPOSITION TRANSCRIPT ARRANGEMENTS Procedure for signing depositions is noted in CPLR 3116(a). The deposition transcript shall be submitted to the witness for examination and any changes in form or substance shall be entered with a statement of the reasons for making them. The deposition shall be signed by the

4 58 PART III Discovery witness before an officer authorized to administer an oath. The party taking the deposition shall bear the expense of the examination unless the court orders otherwise. See CPLR 3116(d). In some locations, local practice dictates that all parties share in the cost equally. SPECIAL TYPES OF DEPOSITIONS THE DEPOSITION UPON WRITTEN QUESTIONS This is governed by CPLR 3108 and CPLR Depositions may be taken on written questions when the parties so stipulate, or when the testimony is to be taken outside the state. NOTICE OF INTENT TO TAKE DEPOSITION UPON WRITTEN QUESTION. This is referred to as notice of taking deposition on written questions. See CPLR TELEPHONE DEPOSITIONS There is no provision for this in the CPLR. Parties may agree to a telephonic deposition. There should be a qualified person with the depone to administer an oath. VIDEOTAPE DEPOSITIONS Videotape depositions are permitted pursuant to CPLR 3113(b). For rules concerning electronic recording of depositions see: 22 NYCRR for New York and Bronx Counties 22 NYCRR 685 for the 2nd Department 22 NYCRR 830 for the 3rd Department 22 NYCRR 1030 for the 4th Department CHAPTER 10 Interrogatories After an action is started, any party may serve any other party with written interrogatories. Interrogatories may relate to any matter outlined in CPLR 3101 relating to the scope of disclosure. There is no requirement for sequential numbering throughout multiple sets of interrogatories served. There is no limit on the number of interrogatories per set or on the number of sets that may be served upon a party. Leave of court is needed to serve both interrogatories and a notice of deposition upon the same party in a personal injury action. A party who objects to answering an interrogatory, may set forth the objection to the interrogatory in the response to interrogatories. INTERROGATORIES CPLR 3130 provides for the use of interrogatories. After an action is started, any party may serve any other party in the action with written interrogatories. Leave of court must be obtained if service is made by a plaintiff upon a defendant within twenty (20) days after being served the summons and complaint. See CPLR A party has twenty (20) days after service of interrogatories to serve a copy of the answer to interrogatories. See CPLR 3133.

5 CHAPTER 10 Interrogatories 59 SCOPE AND NUMBER OF INTERROGATORIES Interrogatories may relate to any matter outlined in CPLR 3101 relating to the scope of disclosure. See CPLR Generally, there shall be full disclosure of all evidence material and necessary in the prosecution or defense of an action. See CPLR There is no requirement for sequential numbering throughout multiple sets of interrogatories served. There is no limit on the number of interrogatories per set or on the number of sets that may be served upon a party. However, a party may seek a protective order if this process is abused. See CPLR DRAFTING INTERROGATORIES PRELIMINARY STEPS IN DRAFTING INTERROGATORIES In New York, in a personal injury action, a party cannot serve interrogatories and conduct a deposition of the same party without leave of court. See CPLR 3130(1). DUTY TO SUPPLEMENT ANSWERS In NewYork, a party shall amend or supplement a response previously given to a request for disclosure promptly upon the party s thereafter obtaining information that the response was incorrect or incomplete when made, or that the response, though correct and complete when made, no longer is correct and complete, and the circumstances are such that a failure to amend or supplement the response would be materially misleading. See CPLR 3101(h). EXPERT WITNESSES Interrogatories are not be used to determine the identity of expert witnesses. A demand for disclosure of this information is permitted pursuant to CPLR 3101(d)(1). SIGNATURE AND CERTIFICATE OF SERVICE Interrogatories shall be answered in writing, under oath by the party upon whom served. See CPLR MOTION TO COMPEL DISCLOSURE If a party fails to comply with a discovery request, a motion to compel disclosure under CPLR 3124 can be brought. DRAFTING ANSWERS TO INTERROGATORIES DETERMINING TIME LIMITS Service of the answer must be made within twenty (20) days after service of the interrogatories. Objections to interrogatories may be set forth in the responses to the remaining interrogatories. FORM OF THE ANSWERS Each question shall be answered separately and fully and each answer shall be preceded by the question to which it responds. See CPLR FULFILLING THE DUTY TO SUPPLEMENT A party shall amend or supplement a response previously given for disclosure promptly upon the party s thereafter obtaining information that the response was incorrect or incomplete when made, or that the response though correct and complete when made, no longer is correct and complete, and the circumstances are such that a failure to amend or supplement the response would be materially misleading. See CPLR 3101(h). USING BUSINESS RECORDS INSTEAD OF A WRITTEN RESPONSE There is no specific provision for this in New York. However, parties frequently respond to interrogatories by referring to and attaching copies of certain responsive documents or business records. See CPLR OBJECTING TO INTERROGATORIES When a party objects to an interrogatory, the reasons for the objection shall be stated with reasonable particularity and included in the response to the remaining interrogatories. See CPLR INADMISSIBLE AND IRRELEVANT EVIDENCE There shall be full disclosure of all evidence material and necessary in the prosecution or defense of an action. See CPLR 3101(a).

6 60 PART III Discovery CHAPTER 11 Physical and Mental Examinations After the start of an action, any party may serve notice on another party to submit to physical, mental, or blood examinations where the mental or physical condition or the blood relationship of a party is in question. New York has no provision for an approved list of impartial experts. A copy of the report of the examining physician shall be given to any party agreeing to exchange reports in their possession. THE PHYSICAL OR MENTAL EXAMINATION TYPES OF CASES USING PHYSICAL OR MENTAL EXAMINATIONS After the start of an action where the mental or physical condition or the blood relationship of a party is in question, any party may serve notice on another party to submit to a physical, mental, or blood examination. See CPLR REQUIREMENTS FOR GRANTING THE MOTION FOR COMPULSORY EXAMINATION CONDITION IN CONTROVERSY CPLR 3121(a) requires that a condition be in controversy in order to request a physical or mental examination. THE PARALEGAL S ROLE IN PHYSICAL AND MENTAL EXAMINATIONS IMPARTIAL EXPERTS In New York, there is no provision for an approved list of impartial experts. DISTRIBUTING THE MEDICAL RECORDS A copy of a detailed written report of the examining physician setting out his or her findings and conclusions shall be delivered by the party seeking the examination to any party requesting to exchange therefore a copy of each report in his or her control of examinations made with respect to the mental or physical condition in controversy. See CPLR 3121(b). Also see Uniform Rules for New York State Trial Courts (Supreme Courts and county courts). PRELIMINARY CONFERENCE FOR TERMINALLY ILL PARTY At any time, a party who is terminally ill as a result of the culpable conduct of another party to such an action, may request an expedited preliminary conference. See CPLR PRECALENDAR CONFERENCES A precalendar conference is required in malpractice actions. See CPLR 3406(b). For individual judges rules, see MANDATORY FILING IN MALPRACTICE CASES Not later than 60 days after issue is joined, a plaintiff must file a notice of malpractice action with the clerk of the court. See CPLR 3406(a).

7 CHAPTER 12 Request for Documents 61 CHAPTER 12 Request for Documents Notices for discovery and inspection can be used to obtain copies of documents and to inspect property. CPLR 3101 specifically permits a party to obtain copies of their own statements, contents of an insurance agreement, and accident reports. There shall be full disclosure of films, photographs, videotapes, or audio tapes, including transcripts or memoranda thereof. A party may be required to produce books or papers at the deposition. A subpoena duces tecum is needed to require a nonparty to produce documents at a deposition. A party may inspect, copy, test, or photograph specifically designated documents in another party s possession, custody, or control. A party may also enter upon designated land or other property of a party to inspect, measure, survey, sample, test photograph, or record the property. An attorney need not sign the request for documents. THE REQUEST FOR DOCUMENTS REQUEST FOR DOCUMENTS CPLR 3102 and CPLR 3120 authorize the use of notices for discovery and inspection of documents or property. CPLR 3101 specifically permits a party to obtain a copy of his or her own statement, the contents of an insurance agreement, and accident reports. There shall be full disclosure of any films, photographs, video or audiotapes, including transcripts or memoranda thereof. See CPLR 3101(i). Generally, discovery is obtained on notice without leave of court. See CPLR 3102(b). REQUEST FOR DOCUMENTS AT THE DEPO- SITION OF A PARTY. Books or papers may be required to be produced at a deposition of a party. See CPLR SUBPOENAS DUCES TECUM FOR A NON- PARTYTOPRODUCE DOCUMENTS AT A DEPOSI- TION. If a person to be examined is not a party to the action, a subpoena duces tecum is required. CPLR 3106(b) provides for the production of documents by the nonparty. REQUESTS FOR DOCUMENTS TO PARTIES. Generally, disclosure shall be obtained on notice without leave of court. See CPLR 3102(b). The notice shall specify the time to respond, which cannot be less than twenty (20) days after service of the notice. See CPLR 3120(a)(2). Disclosure may be made before an action is commenced but only by court order. See CPLR 3102(c). DOCUMENTS A party may seek to inspect, copy, test, or photograph any specifically designated documents or any things which are in possession, custody, or control of the party served, as specified with reasonable particularity in the notice. See CPLR A party may also be permitted to enter upon designated land or other property in the custody or control of the party served for the purpose of inspecting, measuring, surveying, sampling, testing, photographing, or recording by motion pictures or otherwise the property or any specifically designated object or operation thereon. CPLR 3120(a)(1)(ii). ORGANIZATION OF THE DOCUMENTS This is not covered by the CPLR in New York. PROTECTION OF DOCUMENTS A party is given a minimum of twenty (20) days to respond to a request for documents. CPLR 3120(a)2. THE ATTORNEY-CLIENT PRIVILEGE Evidence of a confidential communication made between the attorney and the client in the course of professional employment shall not be disclosed. See CPLR 4503.

8 62 PART III Discovery THE WORK PRODUCT PRIVILEGE The work product of an attorney shall not be obtainable. See CPLR 3101(c). PROTECTIVE ORDERS The court may, either on its own initiative or on motion of a party, make a protective order denying, limiting, conditioning, or regulating disclosure devices. CPLR REQUESTING THE PRODUCTION OF DOCUMENTS TITLE OF THE DOCUMENT AND INTRODUCTORY PARAGRAPH In New York, the number of the request is generally not stated, although it is good practice to do so. INSTRUCTIONS A party shall amend or supplement a response previously given to a request for disclosure promptly upon the party s thereafter obtaining information that the response was incorrect or incomplete when made, or that the response though correct and complete when made, no longer is correct and complete, and the circumstances are such that a failure to amend or supplement the response would be materially misleading. See CPLR 3101(h). FINAL RESPONSIBILITY IN DRAFTING THE REQUEST There is no requirement that the request for documents be filed. See CPLR 2101(d). All pleadings must be signed by an attorney. MOTION TO COMPEL A motion to compel disclosure may be made pursuant to CPLR INSPECTION OF PROPERTY Entry upon designated land or other property is outlined in CPLR 3120(1)(ii). RESPONDING TO A DEMAND FOR INSPECTION The notice shall specify the time, which shall not be less than twenty (20) days after service of the notice, the place and manner of making the inspection, copy, test, or photograph, or the entry upon the land or other property in possession, custody, or control of party served. See CPLR 3120(a)(1)(ii). CHAPTER 13 Request for Admissions Any time after service of the answer or twenty (20) days since service of summons (but no later than twenty (20) days before trial), a party may serve on another party a written request for an admission of: the genuineness of papers or documents; the correctness or fairness of representation of any photographs; or the truth of any matter set forth in a request. A party must specifically admit or deny the matters of which an admission is requested. THE REQUEST FOR ADMISSIONS NOTICE TO ADMIT Any time after service of the answer or after twenty (20) days since service of the summons, whichever comes first, and no later than twenty (20) days before trial, a party may serve on any other party a written request for admission of the genuineness of any papers or documents, the

9 CHAPTER 13 Request for Admissions 63 correctness or fairness of representation of any photographs, or the truth of any matter set forth in the request. Each of these matters shall be deemed admitted unless denied within twenty (20) days after service. See CPLR 3123(a). ADVANTAGES OF THE REQUEST FOR ADMISSIONS In response to a request for an admission, a party may specifically admit or deny the matters of which an admission is requested or set forth in detail the reasons why he or she cannot truthfully admit or deny those matters. If the statement cannot be answered without qualification or explanation or if the material is privileged or a trade secret, instead of a denial or statement, a statement may be made setting forth in detail his or her claim and, if the claim is that the matter cannot be admitted without a material qualification or explanation, a statement may be made admitting the matter with the explanation or qualification. RESPONDING TO THE REQUEST FOR ADMISSIONS ALTERNATIVE RESPONSES TO THE REQUEST FOR THE ADMISSION In New York, a party must respond to admissions that are within the knowledge of the party or can be ascertained by him or her upon reasonable inquiry. See CPLR 3123(a). FAILURE TO RESPOND Each of the matters of which an admission is requested shall be deemed admitted unless the responding party serves a response within 20 days. CPLR 3123.

10

Article 31 of the N.Y. Civil Practice Law and Rules (hereinafter referred to

Article 31 of the N.Y. Civil Practice Law and Rules (hereinafter referred to Introduction and Overview of Discovery Under Article 31 of the N.Y. Civil Practice Law and Rules By: D. Daniel Engstrand, Jr., Esq. and John P. Bracken, Esq. Article 31 of the N.Y. Civil Practice Law and

More information

Friday 31st October, 2008.

Friday 31st October, 2008. Friday 31st October, 2008. It is ordered that the Rules heretofore adopted and promulgated by this Court and now in effect be and they hereby are amended to become effective January 1, 2009. Amend Rules

More information

Supreme Court Rule 201. General Discovery Provisions. (a) Discovery Methods.

Supreme Court Rule 201. General Discovery Provisions. (a) Discovery Methods. Supreme Court Rule 201. General Discovery Provisions (a) Discovery Methods. Information is obtainable as provided in these rules through any of the following discovery methods: depositions upon oral examination

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-199 HOUSE BILL 380

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-199 HOUSE BILL 380 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-199 HOUSE BILL 380 AN ACT TO CLARIFY THE PROCEDURE FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND TO MAKE CONFORMING CHANGES TO

More information

IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682. Pretrial Conferences; Scheduling; Management.

IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682. Pretrial Conferences; Scheduling; Management. IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682 Amending Civil Rules 16, 26, 33, 34, 37, and 45 concerning Discovery of Electronic Information IT IS ORDERED: 1. Civil Rule 16 is amended to read

More information

Key differences between federal practice and California practice

Key differences between federal practice and California practice Discovery and deposition practice in federal court Key differences between federal practice and California practice BY BRIAN J. MALLOY Federal law governs procedural matters for cases that are in federal

More information

Last amended by Order dated March 1, 2011; effective May 2, 2011.

Last amended by Order dated March 1, 2011; effective May 2, 2011. Last amended by Order dated March 1, 2011; effective May 2, 2011. RULES OF SUPREME COURT OF VIRGINIA PART FOUR PRETRIAL PROCEDURES, DEPOSITIONS AND PRODUCTION AT TRIAL Rule 4:5. Depositions Upon Oral Examination.

More information

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

IN THE SUPREME COURT OF THE STATE OF ILLINOIS M.R. 3140 IN THE SUPREME COURT OF THE STATE OF ILLINOIS Order entered February 16, 2011. (Deleted material is struck through and new material is underscored.) Effective immediately, Supreme Court Rules

More information

Sullivan v Lehigh Cement Co. 2014 NY Slip Op 30256(U) January 27, 2014 Supreme Court, New York County Docket Number: 103161/10 Judge: Louis B.

Sullivan v Lehigh Cement Co. 2014 NY Slip Op 30256(U) January 27, 2014 Supreme Court, New York County Docket Number: 103161/10 Judge: Louis B. Sullivan v Lehigh Cement Co. 2014 NY Slip Op 30256(U) January 27, 2014 Supreme Court, New York County Docket Number: 103161/10 Judge: Louis B. York Cases posted with a "30000" identifier, i.e., 2013 NY

More information

2 California Evidence (5th), Discovery

2 California Evidence (5th), Discovery 2 California Evidence (5th), Discovery I. GENERAL PRINCIPLES A. [ 1] Purpose of Discovery. B. [ 2] Modern Discovery Procedures. C. [ 3] Relation to Pretrial Conference. D. Overview of California Discovery

More information

RULE 1. ASSIGNMENT OF CASES

RULE 1. ASSIGNMENT OF CASES LOCAL RULES FOR FOURTH CIRCUIT COURT DISTRICT OF MISSISSIPPI [Renumbered and codified by order of the Supreme Court effective May 18, 2006; amended effective April 23, 2009.] RULE 1. ASSIGNMENT OF CASES

More information

RULE 10 FUNDS HELD BY THE CLERK

RULE 10 FUNDS HELD BY THE CLERK RULE 10 FUNDS HELD BY THE CLERK 10.1 General. A Judge of the District Court may order that any monies in actions pending before the Court be invested in any local financial institution for safe keeping.

More information

Family Law Discovery Issues

Family Law Discovery Issues Research Guide Last Updated: January 2013 Table of Contents How to Prepare and Serve Form Interrogatories on the Other Party (JC Form #FL-145)... 2 How to Respond to Family Law Form Interrogatories (not

More information

CHAPTER 7 UNIFORM COUNTY BOARD OF EQUALIZATION PRACTICE AND PROCEDURE RULES

CHAPTER 7 UNIFORM COUNTY BOARD OF EQUALIZATION PRACTICE AND PROCEDURE RULES CHAPTER 7 UNIFORM COUNTY BOARD OF EQUALIZATION PRACTICE AND PROCEDURE RULES Section 1. Authority. These Uniform County Board of Equalization Practice and Procedure Rules are promulgated by authority of

More information

Recommended Chapter Title and Rule. Current Montana Chapter Title and Rule V. DEPOSITIONS AND DISCOVERY V. DEPOSITIONS AND DISCOVERY

Recommended Chapter Title and Rule. Current Montana Chapter Title and Rule V. DEPOSITIONS AND DISCOVERY V. DEPOSITIONS AND DISCOVERY Current Montana Chapter Title and Rule V. DEPOSITIONS AND DISCOVERY RULE 26. GENERAL PROVISIONS GOVERNING DISCOVERY Recommended Chapter Title and Rule V. DEPOSITIONS AND DISCOVERY RULE 26. GENERAL PROVISIONS

More information

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE In the Matter of a ) Uniform Pretrial Order ) ) Administrative Order 3AO-03-04 (Amended) UNIFORM PRETRIAL ORDER In order

More information

NC General Statutes - Chapter 1A Article 5 1

NC General Statutes - Chapter 1A Article 5 1 Article 5. Depositions and Discovery. Rule 26. General provisions governing discovery. (a) Discovery methods. Parties may obtain discovery by one or more of the following methods: depositions upon oral

More information

Counsel must be fully familiar with the Uniform Civil Rules for the Supreme Court 22 NYCRR Part 202.

Counsel must be fully familiar with the Uniform Civil Rules for the Supreme Court 22 NYCRR Part 202. JUSTICE GERALD E. LOEHR, J.S.C. Rockland County Supreme Court 1 South Main Street New City, New York 10956 Courtroom 1 Tel: (845) 483-8343 Fax: (845) 708-7236 Staff Bruce J. Pearl, Principal Law Secretary

More information

RULE 42 EVIDENCE AND PROCEDURE AT TRIAL

RULE 42 EVIDENCE AND PROCEDURE AT TRIAL RULE 42 EVIDENCE AND PROCEDURE AT TRIAL Application (1) This rule does not apply to summary trials under Rule 19, except as provided in that rule. Witness to testify orally (2) Subject to any Act, statute

More information

DISCOVERY: Using the Civil and Criminal Rules of Discovery in DSS Cases

DISCOVERY: Using the Civil and Criminal Rules of Discovery in DSS Cases DISCOVERY: Using the Civil and Criminal Rules of Discovery in DSS Cases Maitri Mike Klinkosum Assistant Capital Defender Office of the Capital Defender-Forsyth Regional Office Winston-Salem, North Carolina

More information

Rule 26. General Provisions Governing Discovery.

Rule 26. General Provisions Governing Discovery. Published on Arkansas Judiciary (https://courts.arkansas.gov) Rule 26. General Provisions Governing Discovery. (a) Discovery Methods. Parties may obtain discovery by one or more of the following methods:

More information

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE May 22, 2014 Session

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE May 22, 2014 Session IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE May 22, 2014 Session GLADYS RAMIREZ v. AARON M. SCHWARTZ Appeal from the Circuit Court for Davidson County No. 12C4217 Carol Soloman, Judge No. M2013-02285-COA-R3-CV

More information

HEARING EXAMINER RULES FOR WHISTLEBLOWER RETALIATION CASES

HEARING EXAMINER RULES FOR WHISTLEBLOWER RETALIATION CASES City of Seattle OFFICE OF HEARING EXAMINER HEARING EXAMINER RULES FOR WHISTLEBLOWER RETALIATION CASES Adopted May 8, 2014 Office of Hearing Examiner 700 Fifth Avenue, Suite 4000 Mailing: PO Box 94729 Seattle,

More information

ORDER. This matter is before the Court, en banc, on the motion to adopt the Rule For Expedited

ORDER. This matter is before the Court, en banc, on the motion to adopt the Rule For Expedited Serial: 149640 IN THE SUPREME COURT OF MISSISSIPPI No. 89-R-99025-SCT IN RE: UNIFORM RULES OF CIRCUIT AND COUNTY COURT PRACTICE ORDER This matter is before the Court, en banc, on the motion to adopt the

More information

Assembly Bill No. 5 CHAPTER 5

Assembly Bill No. 5 CHAPTER 5 Assembly Bill No. 5 CHAPTER 5 An act to amend Sections 2016.020, 2031.010, 2031.020, 2031.030, 2031.040, 2031.050, 2031.060, 2031.210, 2031.220, 2031.230, 2031.240, 2031.250, 2031.260, 2031.270, 2031.280,

More information

SUMMARY OF CHANGES COMMERCIAL ARBITRATION RULES

SUMMARY OF CHANGES COMMERCIAL ARBITRATION RULES SUMMARY OF CHANGES COMMERCIAL ARBITRATION RULES Amended and Effective October 1, 2013 SIGNIFICANT CHANGES: 1. Mediation R-9. Mediation: Mediation is increasingly relied upon and is an accepted part of

More information

DISPUTE SOLUTIONS, INC.

DISPUTE SOLUTIONS, INC. 1. NOTIFICATION OF USE OF DSI DISPUTE SOLUTIONS, INC. ARBITRATION RULES Any company intending to incorporate these rules or to refer to the alternative dispute resolution (ADR) services of Dispute Solutions,

More information

(2) For production of public records or hospital medical records. Where the subpoena commands any custodian of public records or any custodian of hosp

(2) For production of public records or hospital medical records. Where the subpoena commands any custodian of public records or any custodian of hosp Rule 45. Subpoena. (a) Form; Issuance. (1) Every subpoena shall state all of the following: a. The title of the action, the name of the court in which the action is pending, the number of the civil action,

More information

Charts for the Everyday Litigator Katherine L. Gallo

Charts for the Everyday Litigator Katherine L. Gallo Califnia Civil Discovery Charts f the Everyday Litigat Katherine L. Gallo Page 2 I. DEPOSITIONS Type Commences Closes Time Limit Requirements MT/Conf. Op.Part. Remedies DEPOSITIONS ( 2020.010 2020.510)

More information

Hon. Maria S. Vazquez-Doles, J.S.C. Orange County Supreme Court 285 Main Street Goshen, NY 10924. Part Rules (Effective September 29, 2014)

Hon. Maria S. Vazquez-Doles, J.S.C. Orange County Supreme Court 285 Main Street Goshen, NY 10924. Part Rules (Effective September 29, 2014) Law Clerk: Jane Harrington Secretary: Allison Cappella Part Clerk: Trisha Rittenhouse Phone: (845)476-3449 Fax: (845) 476-3684 APPEARANCES Hon. Maria S. Vazquez-Doles, J.S.C. Orange County Supreme Court

More information

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation On January 1, 2012, new rules approved by the Colorado Supreme Court entitled the Civil Access Pilot Project ( CAPP

More information

Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION STANDING ORDER FOR MAGISTRATE JUDGE KANDIS A. WESTMORE (Revised

More information

INTERROGATORIES: PROPOUNDING AND RESPONDING

INTERROGATORIES: PROPOUNDING AND RESPONDING INTERROGATORIES: PROPOUNDING AND RESPONDING 1 1.340 TO WHOM, AND WHEN, CAN INTERROGATORIES BE PROPOUNDED: Interrogatories may only be served on another party. Parker v. James, 997 So.2d 1225 (Fla. DCA

More information

Discovery Depositions 1 Part I: Practical Considerations in Planning and Preparing to Take a Discovery Deposition

Discovery Depositions 1 Part I: Practical Considerations in Planning and Preparing to Take a Discovery Deposition Discovery Depositions 1 Part I: Practical Considerations in Planning and Preparing to Take a Discovery Deposition Purpose of Depositions: Perpetuate testimony Discover knowledge of facts and observations

More information

Case 1:13-cv-00586-AWI-SAB Document 41 Filed 02/20/14 Page 1 of 13

Case 1:13-cv-00586-AWI-SAB Document 41 Filed 02/20/14 Page 1 of 13 Case :-cv-00-awi-sab Document Filed 0// Page of 0 DALE L. ALLEN, JR., SBN KEVIN P. ALLEN, SBN 0 ALLEN, GLAESSNER & WERTH, LLP 0 Montgomery Street, Suite 0 San Francisco, California 0 Telephone: () -00

More information

Subchapter 2.300 Discovery

Subchapter 2.300 Discovery Subchapter 2.300 Discovery Rule 2.301 Completion of Discovery (A) In circuit and probate court, the time for completion of discovery shall be set by an order entered under MCR 2.401(B)(2)(a). (B) In an

More information

IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA.

IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA. IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA. CASE NO.: 16- DIVISION: CV- vs. Plaintiff, Defendant. ORDER SETTING CASE FOR JURY TRIAL AND PRETRIAL CONFERENCE AND REQUIRING

More information

S.B. 88 126th General Assembly (As Introduced)

S.B. 88 126th General Assembly (As Introduced) Elizabeth Dominic Bill Analysis Legislative Service Commission S.B. 88 126th General Assembly (As Introduced) Sens. Coughlin, Goodman BILL SUMMARY Requires the Superintendent of Insurance to establish

More information

Lesson 1. Health Information and Litigation ASSIGNMENT 1. Objectives. Criminal versus Civil Law

Lesson 1. Health Information and Litigation ASSIGNMENT 1. Objectives. Criminal versus Civil Law Health Information and Litigation ASSIGNMENT 1 Read this entire introduction. Then read Chapter 1 in your textbook, Legal Aspects of Health Information Management. When you ve read all of the material

More information

Any civil action exempt from arbitration by action of a presiding judge under ORS 36.405.

Any civil action exempt from arbitration by action of a presiding judge under ORS 36.405. CHAPTER 13 Arbitration 13.010 APPLICATION OF CHAPTER (1) This UTCR chapter applies to arbitration under ORS 36.400 to 36.425 and Acts amendatory thereof but, except as therein provided, does not apply

More information

Gonzalez v Vanguard Constr. & Dev. Co., Inc. 2014 NY Slip Op 30289(U) January 23, 2014 Sup Ct, New York County Docket Number: 105471/2011 Judge: Joan

Gonzalez v Vanguard Constr. & Dev. Co., Inc. 2014 NY Slip Op 30289(U) January 23, 2014 Sup Ct, New York County Docket Number: 105471/2011 Judge: Joan Gonzalez v Vanguard Constr. & Dev. Co., Inc. 2014 NY Slip Op 30289(U) January 23, 2014 Sup Ct, New York County Docket Number: 105471/2011 Judge: Joan M. Kenney Cases posted with a "30000" identifier, i.e.,

More information

TEXAS RULES OF CIVIL PROCEDURE

TEXAS RULES OF CIVIL PROCEDURE TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS Adopted by the Supreme Court of Texas Justice Court, Pct 1 1 of 24 TABLE OF CONTENTS SECTION 1. GENERAL... 6 RULE 523. DISTRICT

More information

LR2-400. Case management pilot program for criminal cases. A. Scope; application. This is a special pilot rule governing time limits for criminal

LR2-400. Case management pilot program for criminal cases. A. Scope; application. This is a special pilot rule governing time limits for criminal LR2-400. Case management pilot program for criminal cases. A. Scope; application. This is a special pilot rule governing time limits for criminal proceedings in the Second Judicial District Court. This

More information

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ADMINISTRATIVE ORDER NO. 2013-064 PA/PI-CIR

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ADMINISTRATIVE ORDER NO. 2013-064 PA/PI-CIR IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ADMINISTRATIVE ORDER NO. 2013-064 PA/PI-CIR RE: PRE-TRIAL CONFERENCES Rule 1.200(c) of the Florida Rules of

More information

HOUSE BILL NO. HB0106. Medical malpractice-use of expert witnesses. A BILL. for. AN ACT relating to medical malpractice actions; providing

HOUSE BILL NO. HB0106. Medical malpractice-use of expert witnesses. A BILL. for. AN ACT relating to medical malpractice actions; providing 00 STATE OF WYOMING 0LSO-0 HOUSE BILL NO. HB0 Medical malpractice-use of expert witnesses. Sponsored by: Representative(s) Gingery A BILL for AN ACT relating to medical malpractice actions; providing for

More information

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients by: Jennifer Loeb Clark Wilson LLP tel. 604.891.7766 jrl@cwilson.com Edited by: Larry Munn Clark Wilson LLP

More information

Accounting and Related Services Arbitration Rules and Mediation Procedures

Accounting and Related Services Arbitration Rules and Mediation Procedures Accounting and Related Services Arbitration Rules and Mediation Procedures Rules Amended and Effective February 1, 2015 Available online at adr.org/accounting Table of Contents Introduction.... 6 Standard

More information

Rules for Bankruptcy Cases, B.E. 2542 (1999) Translation

Rules for Bankruptcy Cases, B.E. 2542 (1999) Translation Rules for Bankruptcy Cases, B.E. 2542 (1999) Translation By virtue of Section 19 of the Act for the Establishment of and Procedure for Bankruptcy Court B.E. 2542 (1999) the Chief Justice of the Central

More information

NC General Statutes - Chapter 15A Article 48 1

NC General Statutes - Chapter 15A Article 48 1 SUBCHAPTER IX. PRETRIAL PROCEDURE. Article 48. Discovery in the Superior Court. 15A-901. Application of Article. This Article applies to cases within the original jurisdiction of the superior court. (1973,

More information

Part VIII RULES GOVERNING PRACTICE IN THE TAX COURT OF NEW JERSEY TABLE OF CONTENTS

Part VIII RULES GOVERNING PRACTICE IN THE TAX COURT OF NEW JERSEY TABLE OF CONTENTS APPENDIX C - New Jersey Tax Court Rules Part VIII RULES GOVERNING PRACTICE IN THE TAX COURT OF NEW JERSEY Rule 8:1. Rule 8:2. Rule 8:3. Rule 8:4. TABLE OF CONTENTS Scope: Applicability Review Jurisdiction

More information

Litigating the Products Liability Case: Discovery

Litigating the Products Liability Case: Discovery www.goldbergsegalla.com NEW YORK PENNSYLVANIA CONNECTICUT NEW JERSEY UNITED KINGDOM Litigating the Products Liability Case: Discovery New York State Bar Association Buffalo, NY October 22, 2013 Presenter

More information

HON. ELAINE SLOBOD, J.S.C. Orange County Courthouse 255-285 Main Street Goshen, New York 10924

HON. ELAINE SLOBOD, J.S.C. Orange County Courthouse 255-285 Main Street Goshen, New York 10924 HON. ELAINE SLOBOD, J.S.C. Orange County Courthouse 255-285 Main Street Goshen, New York 10924 PART CLERK: Christopher J. Beck (845) 476-3468 LAW CLERK: Bruce Muldoon (845) 476-3461 SECRETARY: Jocelyn

More information

RULES OF THE TAX APPEAL COURT OF THE STATE OF HAWAI I

RULES OF THE TAX APPEAL COURT OF THE STATE OF HAWAI I RULES OF THE TAX APPEAL COURT OF THE STATE OF HAWAI I (SCRU-13-0005988) Adopted and Promulgated by the Supreme Court of the State of Hawai i As amended March 6, 1981 Effective March 6, 1981 With Further

More information

(1) If a defendant has served a notice of taking a deposition or otherwise sought discovery, or

(1) If a defendant has served a notice of taking a deposition or otherwise sought discovery, or On October 21, 2015, the Nebraska Supreme Court adopted the following rule amendments to Neb. Ct. R. Disc. 6-327, 6-330, 6-331, and 6-332, effective January 1, 2016: Article 3: Nebraska Court Rules of

More information

Former Law Office of Vincent DiCarlo

Former Law Office of Vincent DiCarlo Former Law Office of Vincent DiCarlo As of September 1, 2008,Vincent DiCarlo is no longer engaged in the private practice of law. This site is no longer maintained, may no longer be accurate, and is provided

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON ) ) ) ) ) ) ) ) ) ) STIPULATION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON ) ) ) ) ) ) ) ) ) ) STIPULATION 1 1 1 1 1 BOURNE INTERNATIONAL, INC., v. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON Plaintiff, CHET STOLER; SOUTH SEAS TRADING CO., Defendants. STIPULATION NO. C0-0RJB PROTECTIVE ORDER

More information

Compulsory Arbitration

Compulsory Arbitration Local Rule 1301 Scope. Compulsory Arbitration Local Rule 1301 Scope. (1) The following civil actions shall first be submitted to and heard by a Board of Arbitrators: (a) (b) (c) (d) Civil actions, proceedings

More information

SUBCHAPTER 10L INDUSTRIAL COMMISSION FORMS SECTION.0100 WORKERS COMPENS ATION FORMS

SUBCHAPTER 10L INDUSTRIAL COMMISSION FORMS SECTION.0100 WORKERS COMPENS ATION FORMS SUBCHAPTER 10L INDUSTRIAL COMMISSION FORMS SECTION.0100 WORKERS COMPENS ATION FORMS 04 NCAC 10L.0101 FORM 21 AGREEMENT FOR COMPENSATION FOR DISABILITY (a) (Effective until July 1, 2015) The parties to

More information

IN THE COMMON PLEAS COURT, PREBLE COUNTY, OHIO

IN THE COMMON PLEAS COURT, PREBLE COUNTY, OHIO IN THE COMMON PLEAS COURT, PREBLE COUNTY, OHIO IN THE MATTER OF THE CIVIL AND CRIMINAL LOCAL RULES: ENTRY The following local rules are adopted to govern the practice and procedures of this Court, subject

More information

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection As amended by P.L.79-2007. INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection IC 5-11-5.5-1 Definitions Sec. 1. The following definitions

More information

Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes

Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes PURSUANT TO RULE 27(f) OF THE MISSISSIPPI RULES OF APPELLATE PROCEDURE, THE RULES COMMITTEE ON PRACTICE AND PROCEDURE SEEKS COMMENTS FROM THE BENCH, THE BAR AND THE PUBLIC ON THE PROPOSED AMENDMENT TO

More information

The Judges of the Fulton Superior Court hereby create a "Business Case Division" (hereinafter referred to as the "Division").

The Judges of the Fulton Superior Court hereby create a Business Case Division (hereinafter referred to as the Division). SUPREME COURT OF GEORGIA Atlanta October 11, 2012 The Honorable Supreme Court met pursuant to adjournment. The following order was passed: It is ordered that Paragraph 5 of Atlanta Judicial Circuit Rule

More information

Discussion. Discussion

Discussion. Discussion same way as any other testimony. The deposition need not be included in the record of trial. (h) Objections. (1) In general. A failure to object prior to the deposition to the taking of the deposition

More information

TABLE OF CONTENTS. Medical Malpractice Rules of Practice

TABLE OF CONTENTS. Medical Malpractice Rules of Practice TABLE OF CONTENTS Medical Malpractice Rules of Practice Rule 1. Rule 2. Rule 3. Rule 4. Rule 5. Rule 6. Rule 7. Applicability; Definitions Request for Medical Malpractice Review Panel Designation of Panel;

More information

IN THE SUPREME COURT OF GUAM

IN THE SUPREME COURT OF GUAM IN THE SUPREME COURT OF GUAM RE: ) Supreme Court Case No. PRM 06-006 ) ) QMENDING PROMULGATION ORDER ) PROMULGATION ORDER NO. YO. 06-006-02 ON THE LOCAL RULES 06-006-10 DF THE SUPERIOR COURT OF GUAM )

More information

ARBITRATION RULES OF THE COURT OF ARBITRATION AT THE POLISH CHAMBER OF COMMERCE

ARBITRATION RULES OF THE COURT OF ARBITRATION AT THE POLISH CHAMBER OF COMMERCE ARBITRATION RULES OF THE COURT OF ARBITRATION AT THE POLISH CHAMBER OF COMMERCE Chapter I Introductory provisions 1 Court of Arbitration 1. The Court of Arbitration at the Polish Chamber of Commerce (the

More information

I-2 FEDERAL RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS

I-2 FEDERAL RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS INTERNET RESOURCE Time Deadlines Federal Rules of Civil and Criminal Procedure Contents I-1 Introduction I-2 Federal Rules of Civil Procedure for the United States District Courts I-3 Federal Rules of

More information

HAWAI`I REVISED STATUTES CHAPTER 672B DESIGN CLAIM CONCILIATION PANEL. Act 207, 2007 Session Laws of Hawai`i

HAWAI`I REVISED STATUTES CHAPTER 672B DESIGN CLAIM CONCILIATION PANEL. Act 207, 2007 Session Laws of Hawai`i HAWAI`I REVISED STATUTES CHAPTER 672B DESIGN CLAIM CONCILIATION PANEL Act 207, 2007 Session Laws of Hawai`i Section 672B-1 Definitions 672B-2 Administration of chapter 672B-3 Design claim conciliation

More information

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings.

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings. SMALL CLAIMS RULES Rule 501. Scope and Purpose (a) How Known and Cited. These rules for the small claims division for the county court are additions to C.R.C.P. and shall be known and cited as the Colorado

More information

ILLINOIS WHISTLEBLOWER REWARD AND PROTECTION ACT

ILLINOIS WHISTLEBLOWER REWARD AND PROTECTION ACT . ILLINOIS WHISTLEBLOWER REWARD AND PROTECTION ACT 175/1. Short title 1. This Act may be cited as the Whistleblower Reward and Protection Act. 175/2. Definitions 2. Definitions. As used in this Act: (a)

More information

EMPLOYEES GUIDE TO APPEALING A WORKERS COMPENSATION CLAIM DENIAL

EMPLOYEES GUIDE TO APPEALING A WORKERS COMPENSATION CLAIM DENIAL EMPLOYEES GUIDE TO APPEALING A WORKERS COMPENSATION CLAIM DENIAL Appeals of workers compensation claim denials are handled by the Labor Commission s Adjudication Division. If you disagree with the claim

More information

NEW JERSEY FAMILY COLLABORATIVE LAW ACT. An Act concerning family collaborative law and supplementing Title 2A of the New Jersey Statutes.

NEW JERSEY FAMILY COLLABORATIVE LAW ACT. An Act concerning family collaborative law and supplementing Title 2A of the New Jersey Statutes. NEW JERSEY FAMILY COLLABORATIVE LAW ACT An Act concerning family collaborative law and supplementing Title 2A of the New Jersey Statutes. Be It Enacted by the Senate and General Assembly of the State of

More information

ALL OF THE BELOW DUTIES ARE ASSUMED TO, AND MUST BE, UNDER THE DIRECTION AND SUPERVISION OF A LICENSED ATTORNEY.

ALL OF THE BELOW DUTIES ARE ASSUMED TO, AND MUST BE, UNDER THE DIRECTION AND SUPERVISION OF A LICENSED ATTORNEY. CIVIL LITIGATION PARALEGAL 2007 revision and update by Barbara Biondolillo of Berenbaum, Weinshienk & Eason, P.C., and Peggy Upton, formerly of the same firm. 2007 Revision and update reviewed by Larry,

More information

What to Expect In Your Lawsuit

What to Expect In Your Lawsuit What to Expect In Your Lawsuit A lawsuit is a marathon not a sprint. Stewart R. Albertson. There is a saying that the wheels of justice move slowly. That is as true today as when it was initially stated.

More information

DEFENSE RESEARCH INSTITUTE RECOMMENDED CASE HANDLING GUIDELINES FOR INSURERS

DEFENSE RESEARCH INSTITUTE RECOMMENDED CASE HANDLING GUIDELINES FOR INSURERS DEFENSE RESEARCH INSTITUTE RECOMMENDED CASE HANDLING GUIDELINES FOR INSURERS I. PREFACE Philosophy [Insurer] expects to work with the Firm and the insured to achieve the best result for the insured in

More information

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION PLAINTIFF S FIRST SET OF INTERROGATORIES TO DEFENDANT, XXXXX XXXXX XXXX.

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION PLAINTIFF S FIRST SET OF INTERROGATORIES TO DEFENDANT, XXXXX XXXXX XXXX. IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION INJURED PARTY, Plaintiff, vs. No: 00 L 0000 XXXXX XXXXX XXXXX XXX., Defendant. PLAINTIFF S FIRST SET OF INTERROGATORIES TO

More information

Civil Suits: The Process

Civil Suits: The Process Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized

More information

JUSTICE LINDA S. JAMIESON COMMERCIAL DIVISION RULES

JUSTICE LINDA S. JAMIESON COMMERCIAL DIVISION RULES JUSTICE LINDA S. JAMIESON COMMERCIAL DIVISION RULES Supreme Court of the State of New York Westchester County Courthouse 111 Dr. Martin Luther King, Jr. Boulevard White Plains, New York 10601 Courtroom

More information

Title 3. Civil Rules. Division 1. General Provisions. Chapter 1. Preliminary Rules. Chapter 2. Scope of the Civil Rules

Title 3. Civil Rules. Division 1. General Provisions. Chapter 1. Preliminary Rules. Chapter 2. Scope of the Civil Rules Title 3. Civil Rules Division 1. General Provisions Chapter 1. Preliminary Rules Rule 3.1. Title Rule 3.1. Title The rules in this title may be referred to as the Civil Rules. Rule 3.1 adopted effective

More information

TRONOX TORT CLAIMS TRUST. Individual Review and Arbitration Procedures for Category A and Category D Personal Injury Claims

TRONOX TORT CLAIMS TRUST. Individual Review and Arbitration Procedures for Category A and Category D Personal Injury Claims TRONOX TORT CLAIMS TRUST Individual Review and Arbitration Procedures for Category A and Category D Personal Injury Claims Pursuant to Sections 3.4 and 3.5 of the Tronox Tort Claims Trust Distribution

More information

BEFORE THE GEORGIA TAX TRIBUNAL STATE OF GEORGIA ORDER REGARDING ADOPTION OF TEMPORARY RULES FOR THE GEORGIA TAX TRIBNAL

BEFORE THE GEORGIA TAX TRIBUNAL STATE OF GEORGIA ORDER REGARDING ADOPTION OF TEMPORARY RULES FOR THE GEORGIA TAX TRIBNAL BEFORE THE GEORGIA TAX TRIBUNAL STATE OF GEORGIA ORDER REGARDING ADOPTION OF TEMPORARY RULES FOR THE GEORGIA TAX TRIBNAL Pending final adoption pursuant to the Administrative Procedure Act of the proposed

More information

case 2:03-cv-00498-PPS-APR document 64 filed 11/03/2004 page 1 of 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION

case 2:03-cv-00498-PPS-APR document 64 filed 11/03/2004 page 1 of 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION case 2:03-cv-00498-PPS-APR document 64 filed 11/03/2004 page 1 of 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION PAUL E. LUCAS, SR. and ) RUBY M. LUCAS, ) ) Plaintiffs ) )

More information

Discovery Devices. Rule 26 requires the automatic disclosure of a host of basic information regarding the case

Discovery Devices. Rule 26 requires the automatic disclosure of a host of basic information regarding the case Discovery Devices Automatic (mandatory) disclosure Rule 26 requires the automatic disclosure of a host of basic information regarding the case Interrogatories Questions addressed to the other party Depositions

More information

IV. DISCOVERY TECHNIQUES FOR THE DEFENSE A. Interrogatories Interrogatories are the bane of a lawyer s existence, both from the standpoint of

IV. DISCOVERY TECHNIQUES FOR THE DEFENSE A. Interrogatories Interrogatories are the bane of a lawyer s existence, both from the standpoint of IV. DISCOVERY TECHNIQUES FOR THE DEFENSE A. Interrogatories Interrogatories are the bane of a lawyer s existence, both from the standpoint of preparing the questions to the plaintiff party and of preparing

More information

RULES OF TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS COMPENSATION CHAPTER 0800-2-15 UNINSURED EMPLOYERS FUND

RULES OF TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS COMPENSATION CHAPTER 0800-2-15 UNINSURED EMPLOYERS FUND RULES OF TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS COMPENSATION CHAPTER 0800-2-15 UNINSURED EMPLOYERS FUND TABLE OF CONTENTS 0800-2-15-.01 Definitions 0800-2-15-.10 Representation

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:07-CV-231-F

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:07-CV-231-F IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:07-CV-231-F PAMELA L. HENSLEY, ) ) Plaintiff, ) ) v. ) ) PROPOSED JOINT JOHNSTON COUNTY BOARD

More information

ARBITRATION RULES ARBITRATION SERVICE OF PORTLAND, INC. (ASP)

ARBITRATION RULES ARBITRATION SERVICE OF PORTLAND, INC. (ASP) ARBITRATION RULES ARBITRATION SERVICE OF PORTLAND, INC. (ASP) Rule (Revised January 1, 2014) Page Applicability 1 1 Claim Initiation Under Predispute Agreements: Filing Fees; Answers; Counterclaims; Third

More information

Addressing Abusive Lawyer Conduct in Relation to Litigation Proceedings

Addressing Abusive Lawyer Conduct in Relation to Litigation Proceedings Author: Attorney Dan A. Riegleman N63 W23965 Main Street Sussex, Wisconsin 53089 Prepared: 06/01/10 WHITE PAPER: DR2504 Addressing Abusive Lawyer Conduct in Relation to Litigation Proceedings There are

More information

TITLE I REDUCTION OF ABUSIVE LITIGATION

TITLE I REDUCTION OF ABUSIVE LITIGATION 109 STAT. 737 Public Law 104 67 104th Congress An Act To reform Federal securities litigation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS Misc. Docket No. 93-0141L APPROVAL OF LOCAL RULES OF CIVIL TRIAL OF THE 241ST JUDICIAL DISTRICT COURT OF SMITH COUNTY ORDERED: Pursuant to Rule 3a of the Texas Rules of Civil

More information

Personal Injury Litigation

Personal Injury Litigation Personal Injury Litigation The Anatomy of a New York Personal Injury Lawsuit An ebook by Stuart DiMartini, Esq. 1325 Sixth Avenue, 27 th Floor New York, NY 10019 212-5181532 dimartinilaw.com Introduction

More information

The Discovery Process

The Discovery Process The Discovery Process The discovery process is the way you (and the other party) discover the other side s view of what happened in the case. This process is like a roadmap allowing you to see the other

More information

Courtroom Guidelines, Procedures and Expectations for Orange County Circuit Civil Division 39 Judge John Marshall Kest

Courtroom Guidelines, Procedures and Expectations for Orange County Circuit Civil Division 39 Judge John Marshall Kest Courtroom Guidelines, Procedures and Expectations for Orange County Circuit Civil Division 39 Judge John Marshall Kest **NOTE: REVISED AND EFFECTIVE 6/17/13** IN ORDER TO ASSIST COUNSEL AND THE LITIGANTS,

More information

COLORADO DEPARTMENT OF PERSONNEL AND ADMINISTRATION OFFICE OF ADMINISTRATIVE COURTS PROCEDURAL RULES FOR WORKERS COMPENSATION HEARINGS

COLORADO DEPARTMENT OF PERSONNEL AND ADMINISTRATION OFFICE OF ADMINISTRATIVE COURTS PROCEDURAL RULES FOR WORKERS COMPENSATION HEARINGS COLORADO DEPARTMENT OF PERSONNEL AND ADMINISTRATION OFFICE OF ADMINISTRATIVE COURTS PROCEDURAL RULES FOR WORKERS COMPENSATION HEARINGS These Procedural Rules for Workers Compensation Hearings were formally

More information

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. L- IN RE: MIDDLESEX ASBESTOS LITIGATION CIVIL ACTION ASBESTOS LITIGATION

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. L- IN RE: MIDDLESEX ASBESTOS LITIGATION CIVIL ACTION ASBESTOS LITIGATION SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. L- IN RE: MIDDLESEX ASBESTOS LITIGATION CIVIL ACTION ASBESTOS LITIGATION GENERAL ORDER I. COMPLAINTS A. All complaints must: 1. Include

More information

PLEASE TYPE OR PRINT NEATLY MAKING SURE ALL WRITING IS CLEAR AND LEGIBILE ON EACH COPY

PLEASE TYPE OR PRINT NEATLY MAKING SURE ALL WRITING IS CLEAR AND LEGIBILE ON EACH COPY INSTRUCTIONS: PLEASE TYPE OR PRINT NEATLY MAKING SURE ALL WRITING IS CLEAR AND LEGIBILE ON EACH COPY If the parties submit this form 3 business days prior to the scheduled preliminary conference date,

More information

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE ) ) ) ) ) ) ) ) ) STIPULATION AND [PROPOSED] ORDER GOVERNING EXPERT DISCOVERY

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE ) ) ) ) ) ) ) ) ) STIPULATION AND [PROPOSED] ORDER GOVERNING EXPERT DISCOVERY This is the sample expert discovery stipulation referenced at Section II(4(h(ii(d of the Guidelines on Best Practices for Litigating Cases Before the Court of Chancery. It should be modified to fit the

More information

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA THIS ORDER APPLIES TO ALL CASES 2012 ASBESTOS CASE MANAGEMENT ORDER WITH ATTACHED EXHIBITS

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA THIS ORDER APPLIES TO ALL CASES 2012 ASBESTOS CASE MANAGEMENT ORDER WITH ATTACHED EXHIBITS EFiled: Jan 6 2012 11:54AM EST Transaction ID 41724862 IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA IN RE: ASBESTOS PERSONAL INJURY LITIGATION Master File Civil Action No. 03-C-9600 THIS ORDER

More information

Bylaws of the Lawyer-Client Fee Dispute Resolution Committee of the Cleveland Metropolitan Bar Association. Enacted November 18, 2015

Bylaws of the Lawyer-Client Fee Dispute Resolution Committee of the Cleveland Metropolitan Bar Association. Enacted November 18, 2015 Bylaws of the Lawyer-Client Fee Dispute Resolution Committee of the Cleveland Metropolitan Bar Association Enacted November 18, 2015 Preamble and Purpose 1.) Background. Under Rule V, Section 5 of the

More information

MAINE REVENUE SERVICES PROPERTY TAX DIVISION PROPERTY TAX BULLETIN NO. 10

MAINE REVENUE SERVICES PROPERTY TAX DIVISION PROPERTY TAX BULLETIN NO. 10 MAINE REVENUE SERVICES PROPERTY TAX DIVISION PROPERTY TAX BULLETIN NO. 10 PROPERTY TAX ABATEMENT AND APPEALS PROCEDURES REFERENCE: Title 36 MRSA, Sections 583, 706, 841-849 and 1118 Issued July 2010; Replaces

More information