New York Civil Practice Before Trial
by Judge Myriam Altman, Michael Barr, Sharon Gerstman, and Burton Lipshie
Answers, Tips, and Forms
for New York Litigators
Justice Myriam Altman, confidential law clerk Sharon Stern Gerstman, and litigators Michael Barr and Burton Lipshie, have drafted a landmark procedure guide.
New York Civil Practice Before Trial delivers quick and reliable answers with its unique outline format, tight writing, superb scholarship, and extensive citations. Its practice-tested forms and pattern paragraphs speed drafting. And the accompanying full-text CD-ROM provides a second and portable reference at no extra charge.
You will find detailed coverage of:
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Jurisdiction
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Venue
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Privileges
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Standing and Joinder
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Production of documents
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Pleadings
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Physical and Mental exams
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Summons and Service
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Interrogatories
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Motion practice
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Depositions
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Summary judgment
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Notices to admit
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TROs and injunctions
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Settlement and ADR
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Defaults
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Special proceedings.
Two-thirds of the book’s pages address pleadings, motions, and discovery. Eight chapters are devoted to discovery issues and procedures. New York Civil Practice Before Trial is focused on the issues and concentrates topics where questions and disputes arise. A few tips include:
Discovery disputes
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The easiest way to resolve a dispute. §31:02
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Procedural requirements for supervision of disclosure, §31:40, motions to compel production, §31:50, to extend time, §31:32, for protective orders, §31:110, and for sanctions, §31:90
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Examples of sanctioned and non-sanctioned conduct, with case citations. §31:93
Dispositive motions
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What constitute “material facts” for purposes of a summary judgment motion, with examples. §37:101
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How to meet summary judgment burdens, §37:150, supporting evidence available, §37:220, and procedural requirements, §37:380
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Strategies for responding to motions for summary judgment, §37:460, when opposition facts are unavailable, §37:480, bringing a cross-motion for summary judgment, §37:530, and deciding whether to respond to opposition papers, §37:560
Other motions
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Strategic considerations, §16:07, pitfalls to avoid, §16:30, and brief-drafting tips, §16:86
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Service when defendant has not yet appeared. §16:103
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Practical hearing suggestions from the bench. §16:210
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Issues appropriate for immediate trials. §16:232
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When to use stays, §16:271, orders
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to show cause, §16:291, and motions for reargument or renewal, §16:310
Written discovery
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Techniques for obtaining damaging documents. §26:60
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Satisfying the “particularity” requirement. §26:64
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What is and isn’t discoverable. §24:20
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How to expedite discovery. §24:110
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Responding to missing, evasive, or incomplete answers. §29:392
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How to correct an inadvertent disclosure. §26:303
The book is supported by 3,500 citations, 120 forms, advice from the bench, recent case-based illustrations, practice-proven strategies, and step-by-step procedures. Coverage runs from taking the case up to trial, and will help you increase efficiency, improve your advocacy, craft better documents, resolve peripherial disputes, answer ethical questions, and avoid and fix mistakes. It delivers a new level of practicality, quality, thoughtfulness, ease of use, and affordability. In addition, the free CD-ROM contains searchable full-text of the entire book, plus 120 modifiable forms--with no installation required.
Updated annually. ISBN 1-58012-062-8. Book price: $129.00
C7
Reviews
"Purchasing both Siegel's New York Practice and James Publishing's
New York Civil Practice Before Trial (a reasonable
$129) for its forms on CD-ROM and clear practice pointers provides an attorney with two excellent guides for efficient case preparations."
—Excerpted from the Brooklyn Barrister, June 2011.
"This exceptional text has four notable authors
who bring a variety of experiences and rich expertise to the work product. . . .
Do not miss out on this resource."
—Excerpted from the New York Law Journal, February 13, 2002.
"This is a writing team that offers extensive experience as well as varying
perspectives on the issues that face New York civil litigators - a
combination that comes through in virtually every chapter."
—Excerpted from the NYLitigator, Winter 2001.
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Updated 01/09/12
