New+York+Rules+and+Jury+Instructions


 * RULES OF GENERAL APPLICATION**
 * Civil Practice Laws and Rules (CPLR): added to the consolidated laws in 1962.
 * Surrogates Court Procedure Act(SCPA): added to consolidated laws in 1962.
 * Criminal Procedure Law(CPL): added to consolidated laws in 1971.
 * Real Property Actions and Proceedings Law(RPAPL): added to consolidated laws in 1962.


 * COURT ACTS**
 * Family Court Act(FCA): considered unconsolidated laws. FCA passed in 1962.
 * Court of Claims Act: considered unconsolidated laws. Court of Claims Act passed in 1939.


 * COURT RULES**
 * Court rules are included in Title 22 (Judiciary) of the NYCRR.
 * Available through the NYS courts website.
 * Also located in a separate soft-bound volume called McKinney’s New York Rules of Court: State.

__Where to Find Cases Construing General Rules, Court Acts and Rules__
 * **McKinney’s Consolidated Laws of NY Annotated**: every rule of general application and court rules are included in this statutory compilation. Look at the decisions section after the statutory text.
 * **NY Consolidated Law Service**: every rule of general application and court rules are included in this statutory compilation. Look at the decisions section after the statutory text.
 * **Carmody-Wait**: good legal encyclopedia that includes information on the rules of general application and court rules. On Westlaw in database CW2D.
 * **Weinstein-Korn-Miller CPLR Manual**: good treatise with an overview of the CPLR. Includes case annotations. On Lexis under secondary legal sources.
 * **Gilbert Criminal Law and Procedure of New York**: good treatise for an overview of the CPL. Includes current CPL and previous Code of Criminal Procedure.
 * **Warren’s Heaton on Surrogates’ Courts**: good treatise for an overview of the SCPA. Also includes case annotations. On Lexis under secondary legal sources.
 * **Westlaw**: can search database NY-RULES to find court rules and cases. Search NY Statutes Annotated to find cases construing rules of general application and court acts.
 * **Lexis**: can search database New York Consolidated Laws Service, Constitution, Court Rules & ALS, Combined.


 * LOCAL COURT RULES**
 * Each Appellate Division department, appellate term, and judicial district has different local rules. Look at the NY Court system website for further information. You can also call the Clerk’s office or judges’ chambers.
 * **Westlaw**: can use database KEYRULES-NY to find applicable rules of practice, timing requirements, filing and service requirements, hearing information, checklists and other pertinent documents related to pleadings, motions, requests, notices, and applications in selected New York Supreme Courts. Can also look at database NY-TRIALRULES.


 * PATTERN JURY INSTRUCTIONS**
 * Remember: pattern jury instructions are examples of what instructions for a particular court/cause of action/charged crime could be. They are not absolute.
 * Jury instructions should be looked at when you don’t know how to prove your case!
 * Always look at jury instructions before a jury charge conference.

__Where to Find Jury Instructions__
 * **New York Pattern Jury Instructions**: in print and annotated. Multi-volume set includes instructions for most civil causes of action. Pattern criminal jury instructions are available on the NYS Courts website.
 * **Westlaw**: in the databases NY-PJI (New York Pattern Jury Instructions); CTJNY (Charges to the Jury and Requests to Charge in Criminal Case in New York). The PJI for civil cases includes cases annotations for most jury charge instructions.