Legal issues – court rules

Uniform Rules for N.Y.S. Trial Courts

PART 210. Uniform Civil Rules For The City Courts Outside The City Of New York

There’s a LOT of information which will no doubt leave 99.9% of all consumers so thoroughly confused that they will NOT try to respond to a complaint at all.

While I have some experience in Arizona and federal courts, I don’t have the slightest clue what the CALENDARING of motion is supposed to do.

My client submitted his motion to dismiss 3 (THREE!!!) times until it was finally acceptable to the court.

How on earth is an EMPLOYED person supposed to show up in court every few days and especially on such SHORT NOTICE without getting FIRED?

How about some SIMPLE rules such as deciding motions based on the documents submitted (unless either party recommends oral arguments) and giving everybody a few weeks to respond to motions and to reply to responses?

In this case, it’s a miracle that my client still has his job and fortunately the judge gave him additional time to provide affidavits regarding the service issues.

I couldn’t find the rules regarding SERVICE, but noticed the mention of CPLR.  What’s that?

Google thinks it’s the Civil Practice Law and Rules.

On that page I found: CVP – Civil Practice Law and Rules

Due to BIZARRE web design, it is not possible to LINK to the pages. This means that you can’t simply bookmark the information you need, you’ll always have to waste your precious time to try to find the rules AGAIN and AGAIN.

I found ARTICLE 3 JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF COURT – which is LACKING any information about service as specified on the affidavit of service filed with the court in this action.

Back to searching the web.  Numerous process servers and attorneys have the service rules at their sites:

http://www.serve-now.com/resources/process-serving-laws/New-York#306

“CPLR 308: Personal service upon a natural person”

That’s what I’m looking for.  But I don’t want the law from maybe 5 or 10 years ago at some process server’s site, I’m looking for the CURRENT rules.

A search for  “CPLR 308: Personal service upon a natural person”  gets me the link to http://www.nycourts.gov/courts/6jd/forms/SRForms/servproc_howto.pdf

SUCCESS!

I should be so lucky.

“Oops! This link appears to be broken.”

A nice NY court ruling in favor of a defendant who was not properly served:

http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2007/D16201.pdf

Yup, nice ruling, but I still haven’t found the rules.

More searching, and a PLAIN ENGLISH page that’s rather helpful:

http://www.courts.state.ny.us/courts/nyc/civil/starting.shtml

c. Conspicuous Place delivery: If no one can be found to receive the summons and complaint by personal or substituted delivery after a diligent effort to serve the papers (at least three attempts), you may serve the summons by conspicuous place delivery. This is also known as “nail and mail.” This delivery requires that a copy of the summons and complaint be affixed to the door of the actual residence or place of business of the defendant, normally with adhesive tape. A copy of the summons and complaint must be mailed to the defendant in an envelope marked “Personal and Confidential” within 20 days of the affixing of the summons and complaint. The envelope may not indicate that it is from an attorney or that it concerns an action against the defendant.

Why is there NO link to the rules on an OFFICIAL site?

ALL consumer litigation MUST be moved to a NEW court system with:

  • SIMPLE rules
  • explanations in PLAIN ENGLISH
  • sample filings
  • electronic filing
  • telephone hearings
  • evening court
  • FREE legal advice by COMPETENT advisers

Way back in the 80s and early 90s the California small claims courts were very user friendly.  They offered free seminars and the judges were real people using common sense.

None of the courts I’ve had dealings with in the last 10 years came close to producing JUSTICE for consumers.



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