Programming Note
9/11 Damages Trials To Begin in the Fall

New Rules in NY for Motion Practice and Trial Subpoenas

Gavel2MOTION RULES:  Effective 7/3/07, CPLR 2214(b) and 2215 have been revised.  As of this afternoon, I have confirmed the changes on Westlaw.

Of particular interest is the change in the time in which to serve  cross-motions.  The proposed changes can be found here.

The relevant changes are set forth below, with the proposed language in blue and the old language in [brackets]:

2214(b)...Answering affidavits and any notice of cross-motion, with supporting papers, if any, shall be served at least seven days before such time if a notice of motion served at least [twelve] sixteen days before such time  so  demands;  whereupon  any  reply  or  responding  affidavits shall be served at least one day before such time.

2215...Relief demanded by other than moving party. At least three     days prior to the time at which the motion is noticed to  be  heard,  or     seven  days  prior  to  such time if demand is properly made pursuant to   subdivision (b) of rule 2214, a party may serve upon the moving party  a     notice  of  cross-motion  demanding  relief,  with or without supporting  papers; provided, however, that:     (a) if such notice and any supporting papers are served by mailing, as   provided in paragraph two of subdivision (b) of rule 2103, they shall be   served three days earlier than as prescribed in this rule; and...

TRIAL SUBPOENA RULES:  Effective on January 1, 2008, a new section will be added to the CPLR with the intent of reducing the need for formal service of trial subpoenas on a party or person within the party's control, thus avoiding unnecessary expense for the party serving the subpoena and unnecessary annoyance and embarrassment for the party receiving the subpoena. The new provision, CPLR 2303-a, will allow for service of a subpoena in the same manner as all other papers which are served by one attorney upon another as set forth in CPLR 2103.

The newly proposed rule can be found here and is set forth in full below:

2303-a  Service of a trial subpoena.

Where the attendance at trial of a party or person within the party's control can be  compelled  by  atrial  subpoena,  that  subpoena may be served by delivery in accordance      with subdivision (b) of rule 2103 to the party's attorney of record.

Hat tip:  New York Personal Injury Law Blog and New York Attorney Malpractice Blog.


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Hi, just came across your resourceful website. I have a quick questions. Do you know if any changes/revision of ethic rules on offshore substantive review? Where can I get the info on that? Thanks.

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