Demand for bill of particulars new york how to#

There will be no need for service of the complaint upon the client through typical service of process methods. The complaint in this instance will properly be served by sending it via mail to the attorneys who have entered an appearance on behalf of the party. The plaintiffs will thereafter have 20 days to serve the complaint. Rather, pursuant to CPLR §3012(b), a defendant must serve a notice of appearance and demand for the complaint. If the action was commenced by the filing of a summons with notice, then an answer is not the proper response. The attorney must also determine if an answer will be served. If the case is such where a motion to dismiss pursuant to CPLR §3211 is appropriate, then a motion in lieu of answering should be considered after consulting with the claims professional.

Demand for bill of particulars new york how to#

Once the question of “when” the responsive pleading is due has been determined, one must then focus on how to respond. Other issues, such as the proper corporate or business entity name, proper venue, jurisdiction and potential affirmative defenses, should be discussed during this initial attorney-client conference.

In addition, during this initial client contact, the basic facts about the case and corporate structure, which are necessary to formulate responses to the averments in the complaint, can be obtained. This first contact is the initiation of the attorney-client relationship. Although New York is a “notice pleading” state, where specific detailed facts are not required in an answer, an answer (or other appearance) should never be filed on behalf of a client (or business entity) without obtaining their consent to your representation of them.

This additional time is not always required because the attorney is unable to find the time to prepare the answer but, rather, because the attorney is experiencing difficulty making formal contact with the client for whom they will be entering an appearance in the case. Once the due date of the responsive pleading is established, one must next determine if an extension of time to respond will be required. Therefore, it is recommended that one obtain an affidavit of service from the plaintiff’s counsel or from the documents filed with the court’s e-filing website. Unfortunately, clients are not always the best judge of when service was actually effectuated upon them. The time periods for other methods of service are provided for in CPLR Article 3 and, in the interest of brevity, will not be discussed here. In such a situation, service is complete ten days after the filing of the proof of service (the summons and complaint together with an affidavit of service is known as “proof of service”) with the court.

This is especially so when service is effectuated through substituted service (leaving the summons and complaint with someone of suitable age and discretion with follow-up mailing CPLR §308). Service is not always complete when the papers are delivered by the process server. This is generally 20 or 30 days from completion of service (20 days when service is by personal delivery to the defendant within New York State, 30 days all other times). The first issue that an attorney should address is the practical one: when is the answer due? CPLR §320 prescribes the time periods for when a responsive pleading must be served. Service of process on the defendant must be properly effectuated within 120 days of commencement of the action. The filing stops the running of the statute of limitations and is the official commencement of the litigation. Under New York’s Civil Practice Law and Rules (CPLR), litigation is commenced by the filing with the court of a summons and complaint (or summons with notice or endorsed complaint). These are often the only documents provided by our clients.

When a case is first assigned, defense counsel is provided with the initial pleadings, generally the summons and complaint. It pertains to answers in New York State courts and, to a limited extent, answers in federal court in the Eastern and Southern Districts of New York. This article will address the issues that should be evaluated when preparing an answer.

What issues must be evaluated when preparing the answer?.

What initial steps should be taken when preparing an answer in New York?.