Basics

Question 1

Actions V. Special Proceedings

Answer 1

Actions
- Torts
- Contract

Special Proceedings
- Article 78
- Infant compromise
- Late notice of claim application
- Confirm arbitration
- Quick
- Little or no discovery

Question 2

Actions at Law v Actions in Equity

Answer 2

• Significance of difference abolished
• Action at Equity – old kinds of relief,
  including injunctions, declaratory
  judgment, estoppel
• However, still no trials for equitable relief
  claims

Question 3

What a lawsuit looks like

Answer 3

• Client intake interview
• Determine if there is a cause of action
• Determine all the causes of action
• Determine all statutes of limitations
• Decide if you want the case
  If NO REJECT ASAP
• If Yes, Calendar all dates
• Open file
• File Notice of Claim if necessary
• File complaint
• Serve Complaint and calendar when the answer is due
• When the answer comes in – check for affirmative defense and
  other issues
• Serve amended complaint, if necessary
• Make motion to strike affirmative defenses if necessary
• File request for preliminary conference
• Serve discovery responses
• Serve objections to discovery demands
• Serve discovery demands
• Attend Preliminary conference
• Make motions to compel discovery if necessary
• Hold EBT’s/depositions
• Make more motions to compel discovery if necessary
• File Note of Issue
• Attend Pretrial conference
• Try case
• Execute judgment or file notice of appeal