Archived
While on appeal is a denial on a motion (with notice) at the Appellate Term (2nd dept.) reviewable to the Appellate Division?
Terry's answer
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Answered on August 03, 2016
That's the end of the road. In general, appellate courts control their own calendars. Why was the appeal dismissed? What grounds did you give...
Archived
How Do I apply for Transcript relief?
Terry's answer
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Answered on August 03, 2016
If by "transcript relief" you mean not having to pay for them, you make a motion in the Appellate Division for poor person relief. Contact the...
Archived
Does NYS Supreme Court have one set of rules for answering a plaintiff's complaint, or are there variations among districts?
Terry's answer
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Answered on August 01, 2016
CPLR Article 30 governs pleadings, not the so-called uniform rules, or individual court rules.
When does CPLR 4213(b) come into a lawsuit
Terry's answer
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Answered on July 30, 2016
You most often see this in matrimonial cases, but it may occur elsewhere as well.
Archived
What legal action does sandra have in both contract and tort
Terry's answer
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Answered on July 29, 2016
Insurance company first, as noted. Consult a product liability attorney. It's a tough case unless you get an expert to say it was the timer.
Can someone pro se subpoena my records?
Terry's answer
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Answered on July 28, 2016
A pro se party cannot issue a subpoena on his/her own, but must have the court sign them. Attorneys, on the other hand, can sign subpoenas as...
Archived
How does a judge change the venue of a court hearing?
Terry's answer
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Answered on July 27, 2016
Your question requires a reading of the Uniform Justice Court Act alongside the CPLR. I would not venture a guess as to the answer without doing so.
Archived
A defendant answers a Complaint which included his Bill of Particulars. Next step: the plaintiff must respond. Correct?
Terry's answer
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Answered on July 27, 2016
I'm betting you did not get defendant's bill of particulars, but his/her demand for your bill of particulars. You may serve a demand for the...
Archived
Can an officer of the court act as an expert witness?
Terry's answer
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Answered on July 26, 2016
Obviously not. What makes you think the judge or his court attorney is an expert?
Archived
What does a pro se do if they do not receive a notice of discontinuance as granted by the judge in court three weeks ago?
Terry's answer
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Answered on July 22, 2016
The case was discontinued in open court, and you have the right to documentation of that. If plaintiff continues to drag his/her feet, write a...
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