N.Y. Comp. Codes R. & Regs. tit. 22 § 206.12

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

Section 206.12 - Note of issue and certificate of readiness

(a) General. No action shall be deemed ready for trial until there is a filed note of issue accompanied by a certificate of readiness, with proof of service on all parties entitled to notice, in the form prescribed by this section. Filing of a note of issue and certificate of readiness shall not be required for prisoner incarcerated person pro se claims, for an application for court approval of the settlement of the claim of an infant, incompetent or conservatee; or an application for court approval of a settlement pursuant to section 20-a of the Court of Claims Act. The note of issue shall include the claim number, the name of the judge to whom the action is assigned, and the name, office address and telephone number of each attorney or individual who has appeared. Within 10 days after service, the original note of issue and certificate of readiness, with proof of service, shall be filed with the clerk.

(b) Forms. The note of issue and certificate of readiness shall read substantially as follows:

NOTE OF ISSUE

Claim No. ________

New York State Court of Claims, ________ District

Notice for trial

Filed by attorney for ____________

Date claim filed ____________

Date claim served ____________

Date issue joined ____________

Nature of action

Tort: Highway or motor vehicle negligence ________

Medical malpractice ________

Other tort (specify) ____________

Appropriation claim ________

Small claim pursuant to article 6 EDPL ________

Public construction contract claim ________

Other contract ________

Other type of action (specify) ________

_____________________________

Amount demanded $ ________

Other relief

Attorney(s) for Claimants(s)

Office and P.O. Address:

Phone No.

Attorney(s) for Defendant(s) Insurance carrier(s): __________________

Office and P.O. Address:

Phone No.

Note: Clerk will not accept this note of issue unless accompanied by a certificate of readiness.

CERTIFICATE OF READINESS FOR TRIAL

(Items 1-6 must be checked)

Not _______________________________

Complete Waived required _________________________________

1. All pleadings served and filed. ________ ________ ________ _______________________________

2. Bill of particulars served and filed. ________ ________ ________ _______________________________

3. Physical examinations completed. ________ ________ ________ _______________________________

4. Medical reports filed and exchanged. ________ ________ ________ _______________________________

5. Expert reports filed and exchanged. ________ ________ ________ _______________________________

6. Discovery proceedings now known to be necessary completed. ________ ________ ________ _______________________________

7. There are no outstanding requests for discovery. _______________________________

8. There has been a reasonable opportunity to complete the foregoing proceedings. _______________________________

9. There has been compliance with any order issued pursuant to section 206.10 of this Part.

10. The action is ready for trial.

Dated: ____________

(Signature) ____________

Attorney(s) for: ____________

Office and P.O. address: ____________

_______________________________

(c) Pretrial proceedings. Where a party is prevented from filing a note of issue and certificate of readiness because a pretrial proceeding has not been completed for any reason beyond the control of the party, the court, upon motion supported by affidavit, may permit the party to file a note of issue upon such conditions as the court deems appropriate. Where unusual or unanticipated circumstances develop subsequent to the filing of a note of issue and certificate of readiness which require additional pretrial proceedings to prevent substantial prejudice, the court, upon motion supported by affidavit, may grant permission to conduct such necessary proceedings.

(d) Striking note of issue. Within 20 days after service of a note of issue and certificate of readiness, any party to the action may move to strike the note of issue, upon affidavit showing in what respects the action is not ready for trial, and the court may strike the note of issue if it appears that a material fact in the certificate of readiness is incorrect, or that the certificate of readiness fails to comply with the requirements of this section in some material respect. After such period, no such motion shall be allowed except for good cause shown. At any time, the court on its own motion may strike a note of issue if it appears that a material fact in the certificate of readiness is incorrect, or that the certificate of readiness fails to comply with the requirements of this section in some material respect.

(e) Restoration of note of issue. A motion to restore a note of issue struck pursuant to this section shall be supported by a proper and sufficient certificate of readiness and by an affidavit by a person having first-hand knowledge showing that there is merit to the action, satisfactorily showing the reasons for the acts or omissions which led to the note of issue being struck from the calendar, stating meritorious reasons for its restoration and showing that the action is presently ready for trial.

(f) Change in title of action. In the event of a change in title of an action by reason of a substitution of any party, no new note of issue will be required. Notice of such substitution and change in title shall be filed with the clerk for transmittal to the assigned judge within 10 days of the date of an order or stipulation effecting the party substitution or title change.

(g) Unless for good cause shown, the trial of the action shall commence within 15 months of the filing of the note of issue.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 206.12

Amended eff. 11/22/2023.

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