New York Caption Provisions - Forms and Drafting

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Multi-State
Control #:
US-ND2104
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Description

This form provides boilerplate contract clauses that define the effectiveness of any captions on the interpretation or construction of the terms of the contract agreement. Several different language options are included to suit individual needs and circumstances.

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FAQ

A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.

If you receive a form called a Summons (SUM-100) it means that someone is suing you in court. In addition to the Summons, you'll also receive another document, called a Complaint. The Complaint describes the details of the case against you.

Once a summons and complaint or summons with notice have been served, a defendant must respond in writing within a limited period of time. The response is sent to the plaintiff's attorney or directly to the plaintiff, if the plaintiff is appearing is self represented.

* For statutes, it is acceptable to just use the section as the short citation as long as it doesn't confuse your reader. For instance, rather than 42 U.S.C. § 1983, you can just use § 1983. For New York, you can use § 120.05 rather than Penal § 120.05. Basic Bluebooking in Legal Documents - DigitalCommons@Pace pace.edu ? cgi ? viewcontent pace.edu ? cgi ? viewcontent

Citations for unreported opinions have a "(U)" suffix, e.g., 2001 NY Slip Op 40001(U). Use this slip opinion citation for officially published cases that have not been assigned a permanent citation in the traditional "volume-report-page" form. Frequently Asked Questions - New York State Unified Court System nycourts.gov ? reporter ? FAQ nycourts.gov ? reporter ? FAQ

Checklist for New York Citation Parallel citation is not required. If citing to a decision of the New York Court of Appeals, your parenthetical should include ONLY the year the decision was published. INTERACTIVE CITATION WORKBOOK FOR THE BLUEBOOK lexisnexis.com ? documents ? pdfstore ? Ne... lexisnexis.com ? documents ? pdfstore ? Ne...

A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.

After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed. SUPREME COURT, CIVIL BRANCH New York County 60 Centre Street ... nycourts.gov ? Self-Rep Forms ? Commence2 nycourts.gov ? Self-Rep Forms ? Commence2

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New York Caption Provisions - Forms and Drafting