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20 Apr 2007, 10:50 am
The Court also held that waivers of counsel in criminal cases had to be made on the record in open court, in writing, and involve serious offenses the conviction for which could include confinement for more than six months.State v. [read post]
16 Dec 2011, 12:00 am by John Diekman
Practice point: A party seeking to inspect a plaintiff's medical records must first demonstrate that the plaintiff's physical or mental condition is in controversy, within the meaning of CPLR 3121(a).Student note: Even where this preliminary burden has been satisfied, discovery may still be precluded where the information requested is privileged and, thus, exempted from disclosure, pursuant to CPLR 3101(b).Case: Paliouras v. [read post]
16 Aug 2011, 12:15 am by John Diekman
Practice point: Defendant did not refute plaintiffs' contention that the dangerous condition existed, and, therefore, had to establish that it did not create the condition or have notice of it.Student note: Defendant failed to meet its burden with respect to notice when it proffered no affidavit or testimony based on personal knowledge as to when its employees last inspected the sidewalk, or the sidewalk's condition before the accident.Case: Spector v. [read post]
3 Nov 2008, 1:00 pm
-- on Friday, publishing as many posts on a single day as we have in the history of this little experiment.We promise not to burden you (or us!) [read post]
4 Nov 2011, 12:30 am by John Diekman
Practice point: A defendant who moves for summary judgment in a slip-and-fall case has the initial burden of demonstrating, prima facie, that it neither created the hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it.Student note: Once a defendant has actual or constructive notice of a dangerous condition, the defendant has a reasonable time to undertake remedial actions that are reasonable and appropriate… [read post]
20 Feb 2009, 6:30 am
On Plea, the asserting party bears the burden of proof on the issue raised. [read post]