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Purpose of Trigger Search
Sometimes, it is not obvious which Trigger to use to calculate particular deadlines in a case. Docket Research is a research tool that will help you locate the correct Trigger to use for docket calculations by searching for keywords in the Triggers, Events and the Rules of a particular Jurisdiction. A keyword search in Docket Research provides you a list of relevant Triggers, the provisions of the applicable procedural rules and the method used by DC to calculate the deadlines in question. Docket Research is particularly helpful in two situations you will encounter frequently:
- Locate the Trigger for a Case Event. Where a case event has occurred--for example, the receipt of the summons and complaint--and you are not certain whether a Trigger is involved and the exact terminology used to describe it on the Docket Calculator screen in DC. In this case, you can use the Docket Research tool to search for the keywords--in this example "summons" or "complaint" --in the Jurisdiction's list of Triggers or its procedural rules to disclosure all relevant Triggers.
- Locate the Trigger Applicable to a Deadline You Wish to Calculate. Where you know the deadline you want to calculate but you don't know what Triggers it relates to, you can search the Jurisdiction's list of "events" to determine the Trigger used to calculate the deadline in question.
As an example of the latter situation, suppose you want to calculate the last day for filing an appeal from a judgment or order in the New York Supreme Court. It may not be obvious to you which case event triggers--that is, is the Trigger event for--that deadline. In this case, you search for the word "appeal" in all of the events that can be calculated in the New York Supreme Court Jurisdiction. Docket Research returns a list of several Triggers that produce deadlines containing the word "appeal," including "Judgment Served" and "Notice of Entry of Order Served". Armed with the knowledge of these Triggers, you are now able to calculate the last day for filing an appeal on the Docket Calculator screen.
How to Search for a Trigger Using Docket Research
To search for a Trigger:
- Click on Docket Research in the Tools menu to open the Docket Research Screen.
The Docket Research screen will be displayed.
- To perform a search:
- Select the Jurisdiction of the case in question from the dropdown list.
The list will include all rules sets in your subscription.
- Enter a keyword or phrase.
Use as few words as possible, or the root of words, remembering that DC will be looking for an exact match. For instance, if you type "appeal", you will find "appealable", but if you type "appealable", you will not find "appeal".
- Choose whether you want to search any Triggers, Events or Rules within the Jurisdiction by clicking on the applicable checkboxes.
- Trigger: This option will search for all Triggers in the Jurisdiction that include the keywords.
- Event: This option will search through all events--deadlines and court events--in the Jurisdiction that include the keywords and find the Triggers used to calculate them.
- Rules: This option will search for the keywords in all excerpts of procedural rules in the Jurisdiction that relate to events that are calculated using Triggers.
- Click the Find button.
DC will search through the information you have selected and display a list of Triggers.
- In this example, the User used the keyword "appeal" to discover the Trigger that would calculate the last day to file an appeal from a judgment.
- The search for the keyword "appeal" in Triggers and Events returned a list of Triggers containing the keyword--"appeal"--and Triggers where related deadlines or court events contained the word "appeal". The keyword was highlighted in red.
- Clicking next to "Judgment Served" expanded the Trigger to show a list of its related Events. (Where a listed Trigger does not contain the search term, you know that one of its related events must include that terms.) In this case, expanding the Trigger disclosed that "L/D to file and serve appeal as of right" is triggered by the date a judgment is "served".
- Reviewing the Date Rule relating to the event indicated that the deadline takes place 30 days after judgment is served, or the next business day if that day falls on a weekend or legal holiday.
- Clicking next to the deadline displayed the text of the procedural rule that governs the deadline. The User now knows the Trigger--"Judgment Served"--that must be used in performing the Docket Calculation that will calculate the last date on which an appeal must be filed.