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Richard A. Klass
General Litigation: articles |
By Richard Klass, Esq.
"Your Court Street Lawyer"
Email: RichKlass@courtstreetlaw.com
Obtaining Leave of Court to Submit Evidence in Reply Papers for ‘Good Cause Shown’
In litigation, parties may bring motions for dismissal of the action or affirmative defenses, or move for ‘summary judgment’ (that there are no genuine issues of fact and the judge can decide the case on the law alone). Generally, the moving party puts forward all of its proof in support of its motion, including any affidavits, documents or photographs. The opposing party then puts forward all of its proof. At that point, it is inappropriate for either party to provide additional facts in reply papers, as courts want to give each party an opportunity to properly respond to the facts alleged in the original papers. It would otherwise be unfair.
Sometimes, however, additional facts or proof become necessary for various reasons. In that situation, the party seeking to provide additional proof must show “good cause” for having to do it.... (more)
Plaintiffs Should Be Permitted to Amend the Complaint Pursuant to CPLR 3025
Civil Practice Law and Rules [CPLR] Section 3025 authorizes the amendment of a pleading in an action, including the Complaint of the plaintiff. According to subsection (b) of CPLR 3025, leave of court is needed to amend a pleading once issue has joined; however, it should be freely given to a party.
New York courts have held that, in the absence of prejudice to the defendant, the amendment of a pleading should be freely granted by a court. It is also well established law that a motion to amend a pleading should be freely given absent a showing by an opposing party of surprise or prejudice.... (more)
See also, LawCURRENTS back issues for numerous relevant articles and cases.
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