Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 23, 2014 |
signed chap.371 |
Sep 11, 2014 |
delivered to governor |
May 12, 2014 |
returned to assembly passed senate 3rd reading cal.423 substituted for s5073 |
May 12, 2014 |
substituted by a9075 |
May 05, 2014 |
advanced to third reading |
Apr 30, 2014 |
2nd report cal. |
Apr 29, 2014 |
1st report cal.423 |
Jan 08, 2014 |
referred to judiciary |
May 08, 2013 |
referred to judiciary |
Senate Bill S5073
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A9075 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S5073 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9075
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R3216, CPLR
2013-S5073 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5073 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to want of prosecution This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. This measure is proposed in response to widespread complaints from the bar concerning CPLR 3216, which governs want of prosecution in a civil matter. Rule 3216 has not been amended since 1978 - before implementation of the current IAS system, preliminary conferences, compliance conferences and certification orders. Simply put, the language of rule 3216 is out-of-sync with current, well-established facets of civil practice. Our Advisory Committee has undertaken an extensive analysis of the practice pursuant to rule 3216 and considered possible amendments. Since 2004 the Committee has recommended a measure which would amend both rule 3216 and rule 3404. As detailed in the Court of Appeals' recent decision in Cadichon v. Facelle, 18 N.Y.3d 230 (2011), many courts automatically include a 90-day notice in a generic preliminary conference order the execution of which may result in an administrative dismissal of a civil action with no further notice to the parties. In addition, the practice under rule 3216 is further
2013-S5073 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5073 2013-2014 Regular Sessions I N S E N A T E May 8, 2013 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to want of prosecution THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions (a) and (b) of rule 3216 of the civil practice law and rules, as added by chapter 770 of the laws of 1967, paragraph 3 of subdivision (b) as amended by chapter 4 of the laws of 1978, are amended to read as follows: (a) Where a party unreasonably neglects to proceed generally in an action or otherwise delays in the prosecution thereof against any party who may be liable to a separate judgment, or unreasonably fails to serve and file a note of issue, the court, on its own initiative or upon motion, WITH NOTICE TO THE PARTIES, may dismiss the party's pleading on terms. Unless the order specifies otherwise, the dismissal is not on the merits. (b) No dismissal shall be directed under any portion of subdivision (a) of this rule and no court initiative shall be taken or motion made thereunder unless the following conditions precedent have been complied with: (1) Issue must have been joined in the action; (2) One year must have elapsed since the joinder of issue OR SIX MONTHS MUST HAVE ELAPSED SINCE THE ISSUANCE OF THE PRELIMINARY COURT CONFERENCE ORDER WHERE SUCH AN ORDER HAS BEEN ISSUED, WHICHEVER IS LATER; (3) The court or party seeking such relief, as the case may be, shall have served a written demand by registered or certified mail requiring the party against whom such relief is sought to resume prosecution of the action and to serve and file a note of issue within ninety days EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09755-01-3
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