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A7526Assembly2019-2020 SessionSame asS5574

Update Personal Injury Summons Rules

Official title

“Relates to the content of a summons with notice in certain actions”

Sponsor Charles LavineAD-13+1 co-sponsorAffects Legal
Status
Assembly Floor Calendar
Impact
3/10
Low
Passage
0%

Bill progress

Step 3 of 7

Floor calendar · Jan 8

What's happening

This bill requires that the amount of damages not be stated in summonses for personal injury or wrongful death cases.

Why it matters

  1. Reduces potential prejudice and media exposure. By removing the specific dollar amount from the summons in personal injury and wrongful death cases, the bill prevents defendants, jurors, and the public from being influenced by a potentially inflated or arbitrary figure before evidence is presented.

  2. Aligns pre-trial procedure with existing complaint rules. The bill extends an existing rule—already requiring that complaints in these cases not state a specific dollar amount—to the summons itself, ensuring greater consistency and reducing the likelihood that parties will be anchored to a particular number early in litigation.

  3. Preserves defendants’ access to damage information. Defendants can still request a supplemental demand for the specific dollar amount sought, ensuring they are not denied relevant information needed for settlement evaluation, insurance notification, or trial preparation.

  4. May influence settlement dynamics and court resources. By delaying the disclosure of a specific damages amount, the bill could impact early settlement negotiations and potentially reduce forum shopping or strategic filings in courts based solely on perceived high-value claims.

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Who cares

Headline styles

Update Personal Injury Summons Rules

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Charles Lavine

Assembly Member · Assembly District 13

Chair, Judiciary

1 Co-sponsor

History

  1. Substituted by S5574
  2. Ordered to third reading cal.275
  3. Advanced to third reading cal.450
  4. Reported
  5. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S5574Senate

Change Lawsuit Summons Rules

Assembly Floor Calendar · Sponsor Luis R. Sepúlveda

Impact 3 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7526

2019-2020 Regular Sessions

IN ASSEMBLY

May 8, 2019

Introduced by M. of A. LAVINE, DINOWITZ -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to the content of a summons with notice in certain actions

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision (b) of rule 305 of the civil practice law and rules, as amended by chapter 528 of the laws of 1978, is amended to read as follows:

(b) Summons and notice. If the complaint is not served with the summons, the summons shall contain or have attached thereto a notice stating the nature of the action and the relief sought, and, except in an action for [medical malpractice] personal injury or wrongful death, the sum of money for which judgment may be taken in case of default.

§ 2. Subdivision (c) of section 3017 of the civil practice law and rules, as amended by chapter 694 of the laws of 2003, is amended to read as follows:

(c) Personal injury or wrongful death actions. In an action to recover damages for personal injuries or wrongful death, the complaint, summons with notice, counterclaim, cross-claim, interpleader complaint, and third-party complaint shall contain a prayer for general relief but shall not state the amount of damages to which the pleader deems himself or herself entitled. If the action is brought in the supreme court, the pleading shall also state whether or not the amount of damages sought exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. Provided, however, that a party against whom an action to recover damages for personal injuries or wrongful death is brought, may at any time request a supplemental demand setting forth the total damages to which the pleader deems himself or herself entitled. A supplemental demand shall be provided by the party bringing the action

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD10174-01-9

A. 7526 2

within fifteen days of the request. In the event the supplemental demand is not served within fifteen days, the court, on motion, may order that it be served. A supplemental demand served pursuant to this subdivision shall be treated in all respects as a demand made pursuant to subdivision (a) of this section.

§ 3. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to actions commenced on or after such date.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.