NEW YORK STATE BAR ASSOCIATION
COMMITTEE ON CIVIL PRACTICE LAW AND RULES
April 1999 MEETING --
Preliminary Agenda
April 23, 1999
At Association of the Bar of the City of New York
- General Announcements
- Committee Officers for Comming Year
- Meeting Schedule
- Report on Task force on NYS
Unified Court System's Comprehensive Civil Justice Program
- Status Report on Current Bills
- CPLR Committee Bills
- Parent/Child Privilege S0156 SKELOS/A3604 WEINSTEIN
- Motion Practice Bill A3319
- Judicial Applications in Connection with Arbitrations A5938
- Service on Limited Liability Partnerships (Mooney) S01206 SKELOS
- Commencement of Special Proceedings A6393
- Joint Interest Privilege (Proposal
of Association of the City Bar). Measure previously by the committee, subject to any
comments regarding the langauge of the proposal, and subject to consideration by the
author of whether or not it is intended to apply to criminal proceedings.
- Telephonic Deposition Bill S3524
- Affirmative Legislation Proposals Proposed CPLR Committee for Consideration by
Members
- Proposed Regulation
concerning notice on Temporary Restraining Orders* (Schmidt)
- See S4136
VOLKER - Amd S6313, CPLR; amd S211, Civ Serv L. Relates to notification of
application for a temporary restraining order; permits telephonic, facsimile or verbal
communication with or to the defendant to constitute notification, or a good faith attempt
to notify the defendant.
- Proposal For Dismissal of
Actions for Lack of Prosecution (Amends CPLR 3216)* (Schmidt)
- Proposal to CPLR 3102
with respect to timing of disclosure (Curvin)*
- Other CPLR Matters Before Legislature
- Service on Doorman Proposals
- Extra-Territorial Service of Subpeona
- S3398*
- Draft Report on S3398*
- The Committee Has Been Asked to Comment on S2439* by Senator
Volker's Office. Bill will be discussed at meeting (Lauder)
- CPLR Committee issued Report No. 85* on A. 612
of 1997, as similar bill. .
- Other Related Bills
- A03566*
BRENNAN - Amd S308, CPLR. Provides that when two certain acts of service have
been attempted and one of the two acts has been validly effected, it shall be sufficient
to sustain the service if it is shown by clear and convincing evidence that the defendant
actually has received process. See Report R160* on previous
bill
- A0024(
KAUFMAN, GREENE - Amd S308, CPLR. Permits service of process on the doorman or
concierge of a multiple dwelling subject to certain conditions to satisfy delivery
requirement for delivery and mail service under CPLR 308(2); makes provisions regarding
what constitutes proof of service (Discussed at January 1999 Committee Meeting)
- A07155 Enacts
the structured settlement protection act. Requires court approval for transfers of
interests in strutured setttlements and limits circumstances under which they can be
transferred.
- Pre-Trial Evidentiary Determinations in Civil Jury Trials S04364* VOLKER -
Add S4548, CPLR. Creates a procedure, in civil jury trials, for the determination of
a variety of evidentiary issues; provides for a conference at the request of a party or
the judge; limits subsequent modification.
- S4365* - Amd
R4107, CPLR. Authorizes the chief administrator of the courts to deploy judicial
hearing officers to preside over the voir dire phase of a civil trial.
- S4366* VOLKER
- Amd S4110-b, add S4110-d, CPLR Provides that a court, at the outset of a civil jury
trial, must provide preliminary instructions to the jury concerning its duties, its
conduct, the order of proceedings and the elementary legal principles that will govern
procedures at trial; also authorizes a trial court to direct counsel, during the jury
trail of a civil case, but before the close of evidence, to provide summations on one or
more issues that have been raised.
- Various Measures to Amend CPLR art 50-A
- S2275*
- Draft Report by Harry
Mooney on S2275*
- S2276*
and A3588*
- Draft Report by Harry
Mooney on S2276/A3588*
- Other New Business