Trial Procedures and Res Judicata Flashcards
How is a matter placed on a ct’s calendar?
When discovery is completed & case is ready for trial:
EITHER party may file a Note of Issue
Filing party has to serve copies on opposing parties
How does a party who is entitled to a jury obtain it?
1) Party who files notice of issue can make a demand for a jury trial
NOTE: If jury trial is not demanded in notice of issue, then it iS WAIVED by moving party (but not binding on other parties)
2) Other parties → assuming no jury demand made in the Note of Issue, other party must file his own separate demand for a jury (IF NOT demanded, jury is waived as to other parties as well)
5 ACTIONS WITH RIGHT TO JURY TRIAL
When does a party in a CIVIL ACTION have a RIGHT to a jury trial?
What is the Jury Composition?
1) Action seeking SOLELY money damages
2) A replevin action (i.e. action to recover chattel)
3) ANY claim to REAL PROPERTY
4) ANNULMENT of a marriage
5) Divorce action ON THE ISSUE of grounds for the divorce (but NO jury wrt alimony or child custody)
Jury composition
Civil jury = 6 jurors, need at least 5 votes (i.e. don’t need unanimous verdict)
RES JUDICATA
What is res judicata?
Purpose of res judicata (or claim preclusion) = to avoid & to prevent re-litigation of the SAME CLAIM
NY uses “transactional approach”→
When π’s claim against the ∆ gets a FINAL JUDGEMENT that was ON THE MERITS, ALL other claims by the same π against the same ∆ are barred if they arise out of the same TRANSACTION
Claims are barred EVEN IF other claims are based on a different theory or seek a different remedy
***POLICY) EXCEPTION: matrimonial action based on domestic abuse (e.g. first a divorce is granted by the ct, THEN π spouse can still bring assault charges even tho comes from same marriage (trxn)
→ Rationale is to expedite the divorce and not hold it up in litigating the battery claims
COLLATERAL ESTOPPEL
What is collateral estoppel?
The purpose of collateral estoppel (issue preclusion) = to avoid & prevent re-litigation of the SAME SPECIFIC FACT ISSUES that were decided in a prior proceeding
The Issue is PRECLUDED (entitled to SJ) if 3-part showing met…
Part #1: IDENTICAL → The issue btwn the current and prior proceeding is IDENTICAL
Part #2: ACTUALLY LITIGATED & DECIDED → The issue was ACTUALLY litigated & decided in the former proceeding
Part #3: FULL & FAIR OPPORTUNITY → The party against whom issue preclusion is asserted had a FULL & FAIR OPPORTUNITY to litigate the issue in the former proceeding (NOTE: be careful and watch the parties to see if there was a F&F opportunity to litigate the issue)
SPECIAL PROCEEDING
What is a special proceeding?
Special proceeding = a SPEEDY, STREAMLINED procedure (akin to motion practice) meant to obtain judgement as a FINAL resolution of a dispute
E.g.
(i) probate of a will;
(ii) election disputes;
(iii) summary proceeding by a landlord for a eviction;
(iv) dissolution of a corporation;
(v) habeas corpus;
(vi) enforcement of an arbitration agmt;
(vii) CPLR Art. 78 proceeding
A special proceeding MUST have specific statutory authorization
NOTE: If a MISTAKE is made in form of proceeding, ct has authority to CONVERT a SP into an action (and vice versa)
→ The MISTAKE WILL NOT result in an automatic dismissal
SPECIAL PROCEEDING PROCEDURE
What is the procedure necessary for aspecial proceeding?
1) “Commencement of a special proceeding” = the PETITIONER (the party w/ the grievance) files a PETITION (~complaint) which commences the special proceeding
2) PETITION and NOTICE OF PETITION must be served on the RESPONDENT (the person from whom relief is sought) by using the same methods to serve process as in an action (REVIEW!);
→ serving petition notice of position, like serving process, serves the purpose of obtaining personal jx over respondent
3) Notice of peitition advises the respondent to SERVE AN ANSWER and to appear on the specified RETURN DATE for the hearing
NOTE: The return date in a SP can be NO SOONER than 8 DAYS from the service of process
EXCEPTION: Art. 78 Proceeding, where return date can be no sooner than 20 DAYS from service of process
NOTE: If petitioner needs an accelerated return date, he must initiate the special proceeding by ORDER TO SHOW CAUSE
4) AFFIDAVITS in support of/in opposition to the petition are submitted to ct on the return date for a decision
Dispute is decided in the same manner as SUMMARY JUDGMENT
ART. 78 PROCEEDING
What are the 4 grounds for an Art. 78 Proceeding?
Art. 78 authorizes a special proceeding for judicial review of (in)action by govt. or quasi-govt. officers or bodies of any kind(i.e. administrative agency review).
4 grounds to provide right to relief:
1) Mandamus to compel
2) Prohibition
3) Certiorari
4) Mandamus to Review
ART. 78 PROCEEDING: MANDAMUS TO COMPEL
What is the Mandamus to Compel underArt. 78?
Mandamus to Compel – to compel performance of act required by law
e.g. election official refuses to issue absentee ballot; city clerk refuses to issue marriage license
NOTE: corporations qualify as quasi-govt. body(b/c gets right to exist from the state)
e.g. refusal to convene annual meeting of shareholders–subject to Art. 78 proceeding
ART. 78 PROCEEDING: PROHIBITION
What isProhibition underArt. 78?
Prohibition= proceeding to stop a judicial officer from exercising power that exceeds his lawful jurisdiction
ONLY for “gross excess” of jurisdiction
E.g. judge denies ∆’s motion to dismiss for clear violation of double jeopardy
E.g. judge forces parties to depose a witness that NEITHER want to depose
ART. 78 PROCEEDING: CERTIORARI
What isCertiorari underArt. 78?
Certiorari= proceeding to challenge the results of a “trial-type” hearing conducted by an administrative agency
“TRIAL-TYPE” hearing = testimony taken under oath w/ a right of cross-examination
NOTE: Persons w/ a vested property or quasi-property right are ENTITLED to trial-type hearing prior to divestiture (due process)
→ e.g. Tenured Civil Service employees or License holders
STANDARD OF REVIEW = Ct. must uphold determination if it was supported by SUBSTANTIAL EVIDENCE
ART. 78 PROCEEDING: MANDAMUS TO REVIEW
What is Mandamus to ReviewunderArt. 78?
Mandamus to Review = proceeding to review ANY type of administrative action not covered by other 3 (usually used to challenge agency determination w/o trial-type hearing; i.e. informal rule making)
Examples:
1. Zoning permit denied
2. Probationary (non-tenured) public employee discharged
3. Gun permit renewal denied
Agencies may determine such matters w/o trial-type hearing b/c no vested rts. are at stake
STANDARD OF REVIEW = Ct. must uphold determination UNLESS it was “arbitrary & capricious”
ART. 78 PROCEEDING: PROCEDURE
What is the procedure for an Art. 78 Proceeding?
1) ONLY the Supreme Court can hear Art. 78 Proceeding
EVEN the STATE can be sued here (but recall that if for damages from K breach or tort → jx is in the Ct. of Claims)
2) SOL = 4 months running from the date the agency action is final and binding
3) TIMING → The papers in an Art. 78 porceeding MUST be served 20 DAYS before the return date
4) Types of relief that may be sought…
1) May only seek declaratory or injunctive relief
Injunction (e.g. reinstatement of employment)
Declaratory (e.g. annulment of agencies determination)
5) Damages are ONLY recoverable IF they are incidental to the main relief being sought (i.e. injunctive or declaratory relief)
