The New York Guide to Civil Practice is a comprehensive guide to the practice of civil law in the state of New York, published by the New York State Unified Court System. It consists of two volumes, titled Volume One: Civil Practice Before Trial and Volume Two: Civil Practice After Trial. Volume One covers the procedural aspects of civil practice, such as motion practice, pleadings, discovery, alternative dispute resolution, and appeals. Volume Two covers the post-trial aspects of civil practice, such as damages, settlements, and judgments. The guide also includes helpful summaries of relevant cases, statutes, and regulations, which provide practitioners with an easy-to-understand overview of applicable civil law in New York. In addition, the guide contains practice forms and sample documents that can be used to help attorneys in the preparation of their cases.
New York Guide to Civil Practice
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CPLR 5704 authorizes a justice of the Appellate Division or the Appellate Term to issue an ex parte order or provisional remedy that is refused by a lower Court from which an appeal to the respective appellate Court would lie, or to vacate or modify an ex parte order granted by such lower Court.
Article 78 of the CPLR is the modern iteration of the common law writ procedure for challenging governmental action. It serves the important function of keeping administrative agencies accountable to the public and the laws of New York.
§ 2201. Stay. Except where otherwise prescribed by law, the court in which an action is pending may grant a stay of proceedings in a proper case, upon such terms as may be just.
If a court has obtained jurisdiction over the parties, a civil judicial proceeding shall not be dismissed solely because it is not brought in the proper form, but the court shall make whatever order is required for its proper prosecution.
The New York Civil Practice Law and Rules (CPLR) is chapter 8 of the Consolidated Laws of New York and governs legal procedure in the Unified Court System such as jurisdiction, venue, and pleadings, as well certain areas of substantive law such as the statute of limitations and joint and several liability The CPLR has
Pursuant to CPLR 3126, a court may impose discovery sanctions, including the striking of a pleading or preclusion of evidence, where a party 'refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed.
Where the attendance at trial of a party or person within the party's control can be compelled by a trial subpoena, that subpoena may be served by delivery in ance with subdivision (b) of rule 2103 to the party's attorney of record.
A motion for substitution may be made by the successors or representatives of a party or by any party. If a person who should be substituted does not appear voluntarily he may be made a party defendant.