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Volumes of the McKinney's annotated version of the CPLR. The New York Civil Practice Law and Rules (CPLR) is chapter 8 of the Consolidated Laws of New York [1] and governs legal procedure in the Unified Court System such as jurisdiction, venue, and pleadings, as well certain areas of substantive law such as the statute of limitations and joint and several liability. [2]
Plaintiffs may however implead when a defendant counterclaims, because the plaintiffs is then the counter defendant. While many kinds of civil procedures devices occur in the form of motion, an impleader action is technically its own lawsuit. [1] Impleader is frequently used for indemnification, such as an insurance policy or their employer. If ...
Permissive counterclaims comprise "any claim that is not compulsory." [2] Such claims may be brought, but no rights are waived if they are not. Courts rarely give permissive counterclaims the necessary supplemental jurisdiction to be brought. [citation needed] A claim is a compulsory counterclaim if, at the time of serving the pleading,
Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred.
The Commissioner need not admit or deny statements under rule 8(b), but must file an answer, and may file any other defense under rule 8(c) or motion to dismiss under rule 12(b) within 60 days of notice by the court. The answer mainly consists of the plaintiff's administrative record in the Department of Social Security.
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
The defendants have limited time to respond, depending on the State or Federal rules. A defendant's failure to answer a complaint can result in a default judgment in favor of the petitioner. For example, in United States federal courts, any person who is at least 18 years old and not a party may serve a summons and complaint in a civil case. [7]
[1] It is important to keep in mind that "plaintiff" in this context may also refer to an impleaded party. So, if a defendant impleads a party, this new party is the third-party defendant and the original defendant is the third-party plaintiff. The third-party plaintiff must file a complaint on the third-party defendant, who then must answer ...