Subpoena Service – Newly enacted provision of the CPLR under which an out-of-state subpoena can be submitted to either the clerk of the court where the discovery is to take place or an attorney licensed to practice law in this state, and either of them can issue a New York subpoena.
Effective January 1, 2011, pursuant to New York State C.P.LR. § 3119, the County Clerk will be required to, in a purely ministerial manner, issue a local subpoena seeking discoverable materials and/or individuals to be deposed, upon the receipt of a duly issued out-of-state subpoena. The terms of the local subpoena will mimic the out-of-state subpoena and also include all of the contact info of the out of state attorneys or the pro se litigant’s info. This amendment to the C.P.L.R. brings New York in line with other states which have already adopted the Uniform Interstate Depositions and Discovery Act, Which was enacted to create, “an efficient and inexpensive procedure to litigants to depose out-of-state individuals and for the production of discoverable materials that may be located outside of the trial state. In accordance with the above, upon receipt of an out-of-state subpoena the County Clerk will compare same with an in-state subpoena (to be drafted and presented by the one submitting the out-of-state subpoena, along with a copy of the in-state subpoena to be filed in the County Clerk’s Office). If the information requested in the out-of-state subpoena is identical to the in-state subpoena the Court Clerk will the then time stamp the in-state subpoena, as filed and return same for a fee of fifteen dollars ($15.00).
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Unlike a divorce that ends a valid marriage, an annulment establishes that the marriage is not legally valid, and the grounds for annulment are different from a divorce. To get an annulment, you will need to prove ONE of the following:
- Bigamy: one of the parties was still married to someone else at the time of the second marriage.
- Either spouse was incurably unable to have sexual intercourse at the time of the marriage.
- After marriage, either spouse becomes incurably insane for five (5) years or more. The Court may require the sane spouse to support the Marriage between persons under 18, if the spouse under 18 wants the annulment. The annulment will not be granted if the person under 18 freely cohabited (had sexual relations) with the other spouse after turning 18.
- Spouse is unable to understand the nature, effect and consequences of marriage because of mental incapacity.
- Spouse agreed to marry as a result of force or duress by the other.
- Fraud (most common ground): the consent to marry was obtained by fraud that would have deceived an ordinarily prudent person and was material to obtaining the other party’s consent. The fraud must go to the essence of the marriage contract. Concealment of a material fact may constitute fraud. Sexual intercourse evidencing forgiveness is an absolute defense.
Once you’ve narrowed the field down to a few potential lawyers that are experienced in the legal matters that apply to you, the next step is to meet with them personally for an informal interview. You aren’t looking for a friend, but you do need to be compatible with your lawyer. Also, just because they are in high demand and come highly recommended to you does not mean their experience is aligned with your legal troubles. Before meeting with the lawyers, be sure to have the facts and gather all pertinent information regarding your case. Having a list of questions to ask will help guide you and keep you on track. Here are some suggested topics and questions to see you through your interview: Continue reading
Choosing the right lawyer with the proper experience to handle your legal matters is very important. The wrong lawyer coupled with the wrong combination of personalities and your time together could be fret with arguments and disagreements that could have been avoided had you found a more compatible lawyer.While there are an abundance of lawyers to choose from, selecting the right lawyer can make the difference between a successful or failed outcome in your case. However, don’t expect to find the right lawyer by simply looking in the phone book or advertisement. Continue reading
Determining Federal/State Court Records
1.Determine whether you need to retrieve State/Federal court records. To determine if a court is a State/Federal court:
a.Look at the caption (i.e., name of the court on a pleading).
•If the court is Circuit or Superior Court, it’s a State court.
•If it is District court, it’s a Federal Court.
•Appellate courts may be State or Federal and will have the name of the state in the title of the court, New York Supreme Court, or New York Appellate Court, for example.
b.Look at the laws that the court deals in order to determine if they are State or Federal laws. Divorce laws for example are State laws and bankruptcy laws are Federal, so divorce cases are heard in State court and bankruptcy cases in Federal court.
•Check the list of federal courts provided by the United States Courts systems, to see if the court is listed as a federal court. Continue reading