N.Y. Comp. Codes R. & Regs. tit. 22 § 202.72

Current through Register Vol. 46, No. 45, November 2, 2024

Section 202.72 - Actions revived pursuant to CPLR 214-g

(a) There shall be a dedicated part(s) of Supreme Court in each Judicial District which shall be assigned all actions revived pursuant to CPLR 214-g (214-g Part).

(b) Justices, judicial hearing officers, referees and alternative dispute resolution (ADR) neutrals in 214-g Parts shall receive training in subjects related to sexual assault and the sexual abuse of minors, pursuant to a curriculum and format approved by the Office of Court Administration.

(c) Judges and other court personnel involved in actions revived pursuant to CPLR 214-g, in the exercise of their discretion in any matter relating to such action, shall be mindful of the statutory directive that such actions be adjudicated in a timely fashion (Judiciary Law section 219-d) and shall aspire to the following schedule in such actions:

Assignment to Part:	immediately upon filing of the RJI.
Preliminary conference (PC):	within 30 days of filing the RJI.
Status conferences (SC):	every 60 days after the PC or prior SC.
Conclusion of discovery and note of issue:	within 365 days of PC.
Dispositive motions:	fully submitted within 90 days of conclusion of discovery; decided within 30 days of briefing.
Trial:	scheduled to be held within 60 days of note of issue, except with leave of court on good cause shown; or if dispositive motions have been filed, within 60 days of the decision of those motions.

(d) In setting schedules for the conduct of litigation of actions revived pursuant to CPLR 214-g, and in a manner consistent with the goal of timely adjudication of such actions, judges and other court personnel should be mindful of:

(1) the impact upon the litigation of pending proceedings addressing insurance coverage issues relating to the parties;

(2) the difficulties inherent in document, deposition, and other discovery in matters of this type and age; and

(3) the benefits of appropriate use of ADR programs to facilitate early resolution of disputes.

(e) Counsel for all parties shall consult prior to any preliminary or status conference on all issues likely to be addressed at the conference, including but not limited to:

(1) resolution of the case in whole or in part and early ADR;

(2) outstanding issues relating to insurance coverage of the parties;

(3) outstanding discovery issues, including the voluntary informal exchange of information for settlement purposes;

(4) adoption of a confidentiality order;

(5) scheduling;

(6) anticipated use of experts; and

(7) anticipated requests to obtain records from earlier cases related to the allegations in the revived case.

(f) Counsel at all court appearances should be fully familiar with the case, fully prepared to discuss pending matters competently, authorized to enter into substantive and procedural agreements on behalf of their clients, and authorized to enter into a disposition of the case.

(g) Any party claiming a preference under CPLR 3403(7) may apply to the court in the manner prescribed by that section.

(h) Any person who intends to appear without a lawyer in a case revived under CPLR 214-g is advised to review the information set forth at http://www.nycourts.gov/courthelp/.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.72

Adopted New York State Register August 14, 2019/Volume XLI, Issue 33, eff. 7/31/2019