Trial Procedures

Question 1

How do you get on the court’s calendar?

Answer 1

File a note of issue

Question 2

How do you get a jury?

Answer 2

1. Make a jury demand in the note of issue, OR
2. The other party can then make a demand for a jury

Question 3

What kind of actions have a right to jury?

Answer 3

1. Action seeking solely money damages
2. Replevin
3. Claim to real property
4. Annulment of a marriage
5. Divorce action on the issue of the grounds

Question 4

How many jurors are required for a civil jury?

Answer 4

Six jurors

(Five is sufficient for verdict)

Question 5

What is res judicata?

Answer 5

NY: transactional approach:

When a claim against a particular D has been brought to final judgment on the merits, all other claims by the P against the D are barred IF the other claims arise from the same transaction or occurrence as P’s original claim

Question 6

What is the exception to transactional approach? (NY RULE)

Answer 6

Matrimonial dispute based on domestic abuse

Question 7

What are the requirements for collateral estoppel?

Answer 7

1. The issues are identical;
2. The issue was actually litigated and decided previously; AND
3. The party against whom issue preclusion is asserted had a full and fair opportunity to litigate the issue in the prior case