In the legal realm, a New York Motion to Compel and For Attorney's Fees and Expenses is a crucial legal tool used by parties involved in a lawsuit to request the court's intervention in enforcing discovery obligations and seeking reimbursement for attorney fees and associated expenses. This motion is typically filed when one party believes the opposing side is not fully complying with their discovery obligations and seeks judicial intervention to compel their compliance. Keywords: New York, Motion to Compel, Attorney's Fees, Expenses, Lawsuit, Discovery Obligations, Reimbursement, Judicial Intervention. There are different types of New York Motions to Compel and For Attorney's Fees and Expenses, depending on the specific situation or discovery issues at hand. 1. Motion to Compel Discovery: This motion is utilized when one party believes the opposing party has failed to provide proper and complete responses to discovery requests, including interrogatories, requests for production of documents, or requests for admissions. The moving party seeks the court's order to compel the opposing party to comply with their discovery obligations and provide the requested documentation or information. 2. Motion to Compel Deposition: In some cases, a party may resist or avoid appearing for a deposition despite being properly noticed. When this occurs, the moving party may file a motion to compel the deposition, seeking the court's order to force the reluctant party to appear and provide sworn testimony under oath. 3. Motion to Compel Expert Witness Discovery: Parties in a lawsuit often rely on expert witness testimony to support their claims or defenses. If one party fails to disclose or produce their expert's report or any other relevant expert-related information, the opposing party may file a motion to compel expert witness discovery, requesting the court's intervention to ensure full compliance with expert witness disclosure rules. Apart from the motion to compel, parties may also request attorney's fees and expenses associated with bringing the motion. These costs include legal fees, research expenses, court costs, and any other reasonable expenses incurred in pursuing the motion to compel. These requests are made pursuant to applicable statutes, court rules, and legal principles, aiming to compensate the moving party for the time, effort, and resources spent in addressing the discovery issues and seeking judicial intervention. In conclusion, a New York Motion to Compel and For Attorney's Fees and Expenses is a powerful legal tool utilized in litigation to enforce discovery obligations and seek compensation for the expenses incurred. Different types of motions to compel can be filed based on specific discovery issues, such as discovery responses, depositions, or expert witness disclosure.
New York Motion to Compel and For Attorney's Fees and Expenses
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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