22 CRR-NY 212.17NY-CRR
22 CRR-NY 212.17
22 CRR-NY 212.17
212.17 Notice of trial where all parties appear by attorney.
(a) The notice of trial filed by any party pursuant to UDCA 1301 shall be accompanied by a certificate of readiness, with proof of service on all parties, in the form prescribed by this section. The notice of trial shall include the index number, name, office address and telephone number of each attorney and pro se party who has appeared, and the name of any insurance carrier acting on behalf of any party.
(b) The clerk shall not place any matter on a trial calendar unless there has been compliance with this rule by the party seeking to place the matter on the calendar.
(c) Within 20 days after service of such notice of trial, any party may move to strike the action from the calendar or to keep it from being placed thereon. The affidavit in support of the application must specify the reason the action is not entitled to be on the calendar.
(d) After any action has been placed on the trial calendar pursuant to this rule, no pretrial examination or other preliminary proceedings may be had, except that if some unusual or unanticipated conditions subsequently develop which make it necessary that further pretrial examination or further preliminary proceedings be had, and if without them the moving party would be unduly prejudiced, the court may make an order granting permission to conduct such examination or proceedings and prescribing the time therefor. Such an order may be made only upon motion on notice showing in detail, by affidavit, the facts claimed to entitle the moving party to relief under this subdivision.
(e) Where a party filing a notice of trial, in a medical malpractice action or an action against a municipality, seeking a sum of money only, is prohibited by the provisions of CPLR 3017(c) from stating in the pleadings the amount of damages sought in the action, the party shall indicate in the notice of trial whether the amount of damages exceeds $6,000, exclusive of costs and interest. If it does not, the party shall also indicate if it exceeds $2,000, exclusive of costs and interest.
(f) The certificate of readiness shall read substantially as follows:
CERTIFICATE OF READINESS FOR TRIAL
(Items 1 5 must be checked)
| Complete | Waived | Not Required | |
|---|---|---|---|
| 1. All pleadings served. | |||
| 2. Bills of particulars served. | |||
| 3. Physicial examinations completed. | |||
| 4. Medical reports exchanged. | |||
| 5. Discovery proceedings now known to be necessary completed. | |||
| 6. There are no outstanding requests for discovery. | |||
| 7. There has been a reasonable opportunity complete the foregoing proceedings. | |||
| 8. The case is ready for trial. |
Dated:
(Signature)
Attorneys for:
Office and P.O. Address:
22 CRR-NY 212.17
Current through August 31, 2021
| End of Document |
IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.