This form is an Ex Parte Application and Memorandum for Expedited Discovery usable in cases with claims regarding licensing, patents, or commercial trade secrets.
New York Application For Expedited Discovery
State:
Multi-State
Control #:
US-TS11011C
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Word;
PDF;
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FAQ
202.12 Preliminary conference. (a) A party may request a preliminary conference at any time after service of process. The request shall state the title of the action; index number; names, addresses and telephone numbers of all attorneys appearing in the action; and the nature of the action.
(a) Upon any motion for summary judgment, other than a motion made pursuant to CPLR 3213, there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.
Section 202.20-f - Disclosure Disputes. Disclosure Disputes (a) To the maximum extent possible, discovery disputes should be resolved through informal procedures, such as conferences, as opposed to motion practice.
Specifically, pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice.
Under the more popular ?good cause? analysis, sometimes referred to as a reasonableness standard, courts examine the discovery request ?on the entirety of the record to date and the reasonableness of the request in light of all the surrounding circumstances.? Here, expedited discovery will be permitted where the need, ...
22 CRR-NY 202.8-CRR (1) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each; (2) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.
In some cases, the offense may not become known until a later date. In these instances, New York laws sometimes allow the statute of limitations period to commence on the date the injury is discovered or should reasonably have been discovered. This is known as the discovery rule.
In effect, the maximum timeframe for most discovery information (with a limited number of specific exceptions) is 45 days after the initial arraignment. Discoverable?Materials: The new statute enumerates 21 types of materials that prosecutors must turn over; several of these were not listed in the old statute.