N.Y. Comp. Codes R. & Regs. tit. 22 § 206.10

Current through Register Vol. 46, No. 19, May 8, 2024

Section 206.10 - Conferences

(a) In all matters, except appropriation claims and prisoner incarcerated person pro se claims, the court shall order a preliminary conference as soon as practicable, but no later than six months, after the action has been assigned.

(b) The court, in ordering a preliminary conference, shall fix the date and time for the conference and notify the parties. Except where a party appears pro se, an attorney thoroughly familiar with the claim and authorized to act on behalf of the party shall appear at such conference.

(c) The matters to be considered at the preliminary conference shall include:

(1) simplification and limitation of factual and legal issues, where appropriate;

(2) establishment of a timetable for the completion of all disclosure proceedings, provided that all such procedures must be completed within 18 months of the assignment of the claim to the judge, unless otherwise shortened or extended by the court depending upon the circumstances;

(3) settlement of the claim; and

(4) any other matters that the court may deem relevant.

(d) Unless the court orders otherwise, in lieu of a preliminary conference, the parties may execute a stipulation, to be so ordered by the court, agreeing to a timetable for the completion of disclosure within 18 months of the assignment of the claim to the judge.

(e) The court may direct the holding of additional conferences including, but not limited to, pretrial conferences, as the court may deem helpful or necessary in any matter before the court.

(f) At the conclusion of any conference the court may make a written order including its directions to the parties as well as stipulations of counsel.

(g) If any party fails to appear for a scheduled conference, the court may note the default on the record and enter such order as appears just, including dismissal.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 206.10

Amended eff. 11/22/2023.

Amended New York State Register January 24, 2024/Volume XLVI, Issue 4, eff. 1/24/2024