New York Motion to Compel and For Attorney's Fees and Expenses

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Multi-State
Control #:
US-MOT-01420
Format:
Word; 
Rich Text
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Description

This form is a Motion to Compel and for Attorney's Fees and Expenses. Plaintiff requests that the court compel the defendant to respond to certain interrogatories and produce certain documents for review. The plaintiff also demands that the court compel defendant to pay all attorney's fees and expenses. The form also contains a Certificate of Service.
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FAQ

22 CRR-NY 202.8-CRR (1) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each; (2) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.

Specifically, pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice.

Rule 11-f establishes that a party may serve a notice or subpoena on any legal or commercial entity. [10] While, as noted above, a party is not required to identify which matters the deponent will be asked about, if the party chooses to do so, the party must describe the matters with "reasonable particularity."

Rule 11-a. Interrogatories. (a) Interrogatories are limited to 25 in number, including subparts, unless another limit is specified in the preliminary conference order. This limit applies to consolidated actions as well. Section 202.70 Rules of the Commercial Division of the ... New York State Bar Association ? WorkArea ? DownloadAsset New York State Bar Association ? WorkArea ? DownloadAsset PDF

The Rule Regarding Recovery of Legal Fees in New York "Under the long-standing ?American Rule? attorney fees are deemed ?incidents of litigation?, and a prevailing party cannot recover its legal fees ?except where authorized by statute, agreement or court rule.? [See Gotham Partners, L.P.

Rule 11-f establishes that a party may serve a notice or subpoena on any legal or commercial entity. [10] While, as noted above, a party is not required to identify which matters the deponent will be asked about, if the party chooses to do so, the party must describe the matters with "reasonable particularity." New York Commercial Division Adopts Rule - Paul, Weiss Paul, Weiss ? litigation ? publications Paul, Weiss ? litigation ? publications

Rule 11-c. Discovery of Electronically Stored Information from Nonparties. Parties and nonparties should adhere to the Commercial Division's Guidelines for Discovezy of Electronically Stored Information ("ESI") from nonparties. which can be found in Appendix A to these Rules of the Commercial Division. Rule 11-c. Discovery of Electronically Stored Information from Nonparties. nycourts.gov ? RULES ? comments ? orders nycourts.gov ? RULES ? comments ? orders

Rule 202.70. 11-d - Limitations on Depositions (a) Unless otherwise stipulated to by the parties or ordered by the court: (1) the number of depositions taken by plaintiffs, or by defendants, or by third-party defendants, shall be limited to 10; and (2) depositions shall be limited to 7 hours per deponent. NY Comp. Codes R. & Regs. tit. 22 § 202.70.11-d - Casetext casetext.com ? subtitle-a-judicial-administration casetext.com ? subtitle-a-judicial-administration

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New York Motion to Compel and For Attorney's Fees and Expenses