Thursday, August 17, 2006

Proper Pleading Procedures

Civil Practice Law and Rules section 2101(d) states that the attorney issuing papers must sign the papers and include an address and telephone number. If a party is not represented by counsel, the party is to include this information. Improprieties are presumed waived unless the receiving party returns the papers in two days or less with a "statement of particular objections." (CPLR 2101(f)). Defects are to be disregarded if a substantial right of a party is not prejudiced.

Now...how do I return papers to complain about the lack of an address or telephone number if the papers don't include an address or telephone number? How do I serve responsive pleadings, which I think a fairly substantial right of the respondent, without an address or telephone number? There's some circular logic at work here.

1 Comments:

Blogger Matt said...

Yeah...a lot like an angry constituent who yells about some mundane thing on the office voice mail and wants and answer, "Right effing now!" Then fails to leave an address or telephone number.

Without a name and address on the papers, can the defendent be let off the hook?

10:37 AM  

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