The latest innovation in online legal education, this video series aims to educate the New York civil practitioner on both sides of the courtroom - as well as law students aspiring to become civil litigators -- on proven, effective methods of applying the Rules of the Civil Practice Law and Rules (CPLR) to avoid procedural pitfalls and common but potentially costly errors. The knowledge shared in these videos will ensure success in the preparation of pleadings, in pretrial discovery, motion practice, trial preparation, and at trial. The topics covered in the series include:
Personal Service in State (CPLR 308(1)) — “Personal Service” and “Personal Delivery” Differentiated
Personal Service Out-of-State (CPLR 313) — Comparative Analysis of CPLR 308 in- state service and CPLR 313 out-of-state service
Substituted Service Defined — Deliver and Mail a/k/a Service Upon Person of Suitable Age/Discretion (CPLR 308(2))
Substituted Service — Defendant’s “Actual Place of Business” Defined (CPLR 308(2), 308(6))
Substituted Service — Defendant’s “Dwelling Place” Defined
Substituted Service — Defendant’s “Usual Place of Abode” Defined
Substituted Service — Person of “Suitable Age and Discretion” at Defendant’s Dwelling Place Defined
Substituted Service — Person of “Suitable Age and Discretion” at Defendant’s Usual Place of Abode Defined
Substituted Service — Person of “Suitable Age and Discretion” at Defendant’s Actual Place of Business Defined (CPLR 308(2), 308(6))
Substituted Service — CPLR 308(2) Mailing: Permitted to Either One of Two Places
Substituted Service — Mailing to “Last Known Residence” Defined (308(2)).
Mailing to “Actual Place of Business” Defined (CPLR 308(2), 308(6))
Substituted Service — “Nail and Mail” (“Affix-and-Mail”) Service Defined (CPLR 308(4))
Substituted Service -- Nail and Mail (Affix-and-Mail) Service — “Due Diligence”
Defined (CPLR 308(4))
Substituted Service -- “Nailing” a/k/a “Affixation” Permitted in Any One of Three
Places (CPLR 308(4))
Mailing Requirement Under CPLR 308(4) — Mailing Permitted to Any One of Two Places
Affixing Followed by Mailing to “Last Known Residence” Defined (CPLR 308(4))
Affixing Followed by Mailing to “Actual Place of Business” Defined (CPLR 308(4))
Mailing After Affixation Under CPLR 308(4) — Are Envelope Indicia Always Required?
Service Under CPLR 308(1) — When Does Defendant’s Time to Respond Expire?
Service Under CPLR 308(2) — When Does Defendant’s Time to Respond Expire?
Service Under CPLR 308(4) — When Does Defendant’s Time to Respond Expire?
Service on Designated Agent under Rule 318 (with divorce exception) -- Who Exactly is a Designated Agent?
Substituted Service - Publication with Leave of Court (CPLR 308(5))
Substituted Service “Catch-all” provision
Service in Divorce Cases — CPLR 318’s Divorce Exception
Service in Landlord Tenant Cases — Residential
Service in Landlord Tenant Cases -- Commercial
SERVICE ON A NEW YORK CORPORATION (CPLR 311)
SERVICE ON A NEW YORK PARTNERSHIP (CPLR 310)
SERVICE OUTSIDE OF NEW YORK STATE (CPLR 313)
PLEADINGS
REQUIRED CONTENTS OF PLEADINGS (CPLR 3013-3015)
Required Contents of the Summons
Required Contents of the Complaint
Summons with Notice and Endorsed Summons Differentiated
Numbering and Stating of Allegations and Causes of Action (CPLR 3014)
Requirement of Particularity of Pleadings in Certain Actions (CPLR 3015, 3016)
No requirement to Plead Subject Matter Jurisdiction or Personal Jurisdiction
Pleading Requirements in Actions against Municipalities (G.M.L. Section 50-e)
Demand for Relief: The “Wherefore” clause
THE ANSWER (CPLR 318(a))
Deadline for service of the Answer (CPLR Section 3012(a), (c) and CPLR Rule 320(a))
Numbering and Stating of Allegations and Causes of Action (CPLR 3014)
“Marked Pleadings” Explained
COUNTERCLAIMS (CPLR 3019(a))
OTHER TOPICS THAT WILL BE COVERED IN THE SERIES INCLUDE:
THE STATUTES OF LIMITATIONS
THE STATUTES OF LIMITATIONS
VENUE
VENUE
PRETRIAL DISCOVERY
PRETRIAL DISCOVERY
MOTION PRACTICE
MOTION PRACTICE
...and much more!
...and much more!
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