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

  1. General Announcements
    1.  Committee Officers for Comming Year
    2.  Meeting Schedule
    3. Report on Task force on NYS Unified Court System's Comprehensive Civil Justice Program
  2. Status Report on Current Bills
    1.    CPLR Committee Bills
      1.     Parent/Child Privilege S0156 SKELOS/A3604 WEINSTEIN
      2.     Motion Practice Bill A3319
      3.     Judicial Applications in Connection with Arbitrations A5938
      4.     Service on Limited Liability Partnerships (Mooney) S01206 SKELOS
      5.     Commencement of Special Proceedings A6393
    2. 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.
    3. Telephonic Deposition Bill S3524
  3.  Affirmative Legislation Proposals Proposed CPLR Committee for Consideration by Members
    1. Proposed Regulation concerning notice on Temporary Restraining Orders* (Schmidt)
      1. 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.
    2. Proposal For Dismissal of Actions for Lack of Prosecution (Amends CPLR 3216)* (Schmidt)
    3. Proposal to CPLR 3102 with respect to timing of disclosure (Curvin)*
  4.  Other CPLR Matters Before Legislature
    1. Service on Doorman Proposals
      1. Extra-Territorial Service of Subpeona
        1. S3398*
          1. Draft Report on S3398*
      2. The Committee Has Been Asked to Comment on S2439* by Senator Volker's Office.  Bill will be discussed at meeting (Lauder)
        1. CPLR Committee issued   Report No. 85* on A. 612 of 1997, as similar bill. .
        2. Other Related Bills
          1. 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
          2. 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)
    2. 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.
    3.  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.
    4. 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.
    5. 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.
    6. Various Measures to Amend CPLR art 50-A
      1. S2275*
        1. Draft Report by Harry Mooney on S2275*
      2. S2276* and  A3588*
        1. Draft Report by Harry Mooney on S2276/A3588*
  5. Other New Business