Basics Flashcards

1
Q

Actions V. Special Proceedings

A

Actions
- Torts
- Contract

Special Proceedings
- Article 78
- Infant compromise
- Late notice of claim application
- Confirm arbitration
- Quick
- Little or no discovery

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2
Q

Actions at Law v Actions in Equity

A
  • Significance of difference abolished
  • Action at Equity – old kinds of relief,
    including injunctions, declaratory
    judgment, estoppel
  • However, still no trials for equitable relief
    claims
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3
Q

What a lawsuit looks like

A
  • Client intake interview
  • Determine if there is a cause of action
  • Determine all the causes of action
  • Determine all statutes of limitations
  • Decide if you want the case
    If NO REJECT ASAP
  • If Yes, Calendar all dates
  • Open file
  • File Notice of Claim if necessary
  • File complaint
  • Serve Complaint and calendar when the answer is due
  • When the answer comes in – check for affirmative defense and
    other issues
  • Serve amended complaint, if necessary
  • Make motion to strike affirmative defenses if necessary
  • File request for preliminary conference
  • Serve discovery responses
  • Serve objections to discovery demands
  • Serve discovery demands
  • Attend Preliminary conference
  • Make motions to compel discovery if necessary
  • Hold EBT’s/depositions
  • Make more motions to compel discovery if necessary
  • File Note of Issue
  • Attend Pretrial conference
  • Try case
  • Execute judgment or file notice of appeal
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