1. Judge Gerald Lebovits, New York City Civil Court; faculty member: Columbia University - Law School, Fordham University School of Law, and New York University School of Law

2. Guidelines in proper tense usage 1.Current rules 2.Past rules and past facts 3.Permanent, immutable truths (truths that never change) in dependent clauses 4.Permanent, immutable truths in independent clauses Present tense Past tense Present tense Past tense

3. Past fact, present rule: “The court held in X. v. Y. that the rule against perpetuities is still alive.” Past fact, past rule: “Until A. v. B. was reversed, the rule in New York was that....”

4. Past fact: “The suspect ran [not runs] from the police.”

5. Past and still-valid rule: “This court has held that....” Past but no- longer-valid rule: “This court had held that....”

6. Past fact, permanent truth in dependent clause: “Albert Einstein proved that E equals mc 2.” Past fact, permanent truth not in dependent clause: “Albany was where the late Chief Judge Albert Conway presided.”

7. Direct quotation: “Judge X said, ‘I am deciding the case today.’” Indirect quotation: “Judge X said that he was deciding the case today.” Tense in quotations

8. The subjunctive “were” “If he were” or “If she were” introduces a falsity. “If I were a rich man.... [read: I am a poor man].” (From Tevye, in “Fiddler on the Roof.”) “If the law clerk were a good writer [read: he is a poor writer], he would leave his ego at the door and let me edit his work.” “Homeward Bound” by Simon & Garfunkel “I wish I was homeward bound.” Because they wanted to go homeward but were not traveling in that direction, they should have sung, “I wish I were homeward bound.”

9. When to use “was” instead of “were” 1/2 Use “was” in an “if” clause that’s not contrary to fact: Incorrect: “If the witness were lying, the judge did not see it.” Correct: “If the witness was lying, the judge did not see it.”

10. When to use “was” instead of “were” 2/2 When a clause introduced by “if” is a condition, whether true or not, use the indicative mood, which takes things as fact. Incorrect: “If the attorney were not at her desk, she was probably in the library.” Correct: “If the attorney was not at her desk, she was probably in the library.”

11. Guidelines in proper tense usage  State current rules in the present tense.  State past rules and past facts in the past tense.  State permanent, immutable truths (truths that never change) in dependent clauses in the present tense.  State permanent, immutable truths in independent clauses in the past tense.