(Effective date, January 28, 2019)

(*Does not apply to Matrimonial, Commercial, Guardianship, Condemnation, Foreclosure and Tax Cert. cases)

 

I. PRE CALENDAR PROCEDURES

A. INTAKE PC CONFERENCES scheduled 45 days after RJI.

1.  PC Conference is not to be adjourned, even on consent, unless good cause is shown for the adjournment. Mere failure to serve B/P is insufficient reason to adjourn PC Conference. A PC Order will be entered default of any nonappearing party. If no party appears, the case should be dismissed for nonappearance, either side. Irrespective of service of BP, copies of medical records and authorizations shall be serviced upon all parties, where practicable, at least twenty (20) days before the PC Conference (see 22 NYCRR 202.17 (b))

 

2.  At PC Conference, fix Note of Issue file date to a date four (4) weeks prior to expiration of Pre Note S&G.

 

3.  Schedule a Compliance Conference for a date no later than five (5) months after date of PC Conference.  However, if PC Conference is held more than 45 days after RJI, then schedule the Compliance Conference to a date no later than six and a half(6 ½) months after the RJI.

 

(B) At COMPLIANCE CONFERENCE schedule all outstanding discovery to be completed prior to date fixed for filing Note of Issue.

 

1.  Where post Compliance Conference discovery is to be extensive, cases may be retracked from standard to complex, which will provide for three (3) additional months of post Compliance Conference discovery and extend the Note of Issue date by three (3) months.

 

2.  Discovery scheduled in Compliance Conference orders shall be strictly adhered to and may not be extended without leave of the court. Unjustified failure to comply with the provisions of the CCP order will result in preclusion, the striking of a pleading or imposition of sanctions, as appropriate.

 

3.  At CCP Conference, Final Compliance Conference to be scheduled three (3) months thereafter (or, if retracked at CCP, to a date six (6) weeks prior to new Note of Issue file date). Whether complex or standard tracked, the Final Compliance Conference will be six (6) weeks prior to expiration of Pre Note S&G.

 

(C) At FINAL COMPLIANCE CONFERENCE, all outstanding discovery to be scheduled for completion prior to Note of Issue date (which will allow for approximately six (6) weeks to complete discovery).

 

(D) Cases wherein notes have not been timely filed will appear on a Failure to File Disposition Calendar two (2) weeks after the last day provided for filing of the Note of Issue.

 

II. MOTIONS TO EXTEND TIME WITHIN WHICH TO MOVE FOR SUMMARY JUDGEMENT:

Ordinarily to be denied without prejudice to renew at time the motion for Summary

Judgment is brought upon showing of Compliance with the criteria set forth by our Court of Appeals in Bill.

 

III. POST NOTE PROCEDURE:

Track post note cases by earlier of overall Standards and Goals (27 or 30 months

Following RJI), or post Note Standard & Goals (15 months from Note of Issue).

 

IV. BOTH PRE AND POST NOTE PROCEDURES:

Ordinarily the Court/JHO will not stay discovery during pendency of motions to withdraw, or during pendency of settlement, or during pendency of dispositive motions (CPLR §§ 3211, 3212, etc.).

 

PRE NOTE DISCOVERY FLOW CHART

RJI

45 Days

↓

PRELIMINARY CONFERENCE

(RJI +45 Days)

5 Months

↓

COMPLIANCE CONFERENCE

(RJI +6 ½ Months)

Standard Track                  Complex Track

3 months                                   6 Months

↘       ↘

FINAL COMPLIANCE CONFERENCE

(RJI +9 ½ Months standard; 12 ½ Months Complex)

6 Weeks

↓

FILE N/I DATE

(RJI +11 Months standard; 14 ½ Months Complex)

2 Weeks

↓

FAILURE TO FILE DISPOSITION CALENDAR

(RJI +11 Months standard; 14 ½ Months Complex)

-Expiration of Pre Note S/G

(RJI +12 Months standard; 15 Months Complex)

 

Legend:

        = Court appearance mandatory only if N/I not filed