The owner of home furnishings and personal apparel which have been taken by a wrongdoer may recover the actual value to him of the items taken, excluding fanciful considerations, and is not limited to their second-hand value.
This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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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.
Note: A joinder of issues means that the fact alleged in the pleading is taken to be denied. Joinder of issue only relates to any pleading subsequent to a defence.
Rule 202.70. 11-a - Interrogatories (a) Interrogatories are limited to 25 in number, including subparts, unless another limit is specified in the preliminary conference order.
If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
A question of fact is resolved by a trier of fact, i.e. a jury or, at a bench trial, a judge, weighing the strength of evidence and credibility of witnesses. Conversely, a question of law is always resolved by a judge.
In contested divorces, a Note of Issue is used to record the date and filing of the Summons. In contested actions, the Note of Issue must be filed with a Certificate of Readiness, which recapitulates the history of the action and certifies that the case is ready for trial.
In a jury trial: the jury is the fact finder that decides what really happened in the case at hand. In a bench trial: the judge is the fact finder that decides what really happened. In an official investigation: an agent or committee may be appointed to determine the facts.
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.
The new rule allows a party to move for summary judgment at any time, even as early as the commencement of the action. If the motion seems premature both subdivision (c)(1) and Rule 6(b) allow the court to extend the time to respond. The rule does set a presumptive deadline at 30 days after the close of all discovery.
Uniform Rule 202.70 (d) was amended in 2014 to provide that a party seeking assignment to the Commercial Division shall do so within 90 days following service of the complaint. Failure to apply on time precludes a party from seeking such assignment.
