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
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
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