N.Y. Comp. Codes R. & Regs. tit. 22, subtit. D, ch. III, subch. D, app D(1)
APPENDIX D(1)
SUPREME COURT, COUNT OF ________
INDIVIDUAL ASSIGNMENT PART [OR JUSTICE] ________
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X | INDEX NO. |
Plaintiff(s), | PRELIMINARY CONFERENCE STIPULATION AND ORDER |
-against- | (Sections 202.8 and 202.12 of the Uniform Rules) |
Defendant(s). | |
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X |
[All items on the form must be completed unless inapplicable.]
It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows:
(e) All pleadings, briefs or memor and a which reproduce, paraphrase or disclose any documents which have previously been designated by a party as comprising or containing Confidential Information or "Highly Confidential - Attorney's Eyes-Only Information" shall identify such documents by the production number ascribed to them at the time of production.
(2) Bill of Particulars:
(a) Demand for a bill of particulars shall be served by ________ on or before ________.
(b) Bill of particulars shall be served by ________ on or before ________.
(3) Medical Reports and Authorizations:
Shall be served as follows: ________
________
________
________
(4) Physical Examination:
(a) Examination of ____________ shall be held
____________
____________.
(b) A copy of the physician's report shall be furnished to plaintiff(s) within ________ days of the examination.
(5) Depositions: Choose (a) or (b)
(a)
Deponent Date and Time Place
____________ ____________ ____________
____________ ____________ ____________
____________ ____________ ____________
____________ ____________ ____________
[Attach additional sheet if necessary]
(b) The parties shall set a schedule for depositions to be held no later than ________ and shall provide the court with the schedule.
Optional:
[ ] If one deposition fails to take place as scheduled, the remaining parties' depositions shall nonetheless proceed as scheduled, except that priorities between defendants and plaintiffs shall be preserved.
(6) Other Disclosure:
(a) All parties, on or before ________, shall exchange names and addresses of all eyewitnesses and notice witnesses, statements of opposing parties and photographs, or, if none, provide an affirmation to that affect.
(e) All pleadings, briefs or memor and a which reproduce, paraphrase or disclose any documents which have previously been designated by a party as comprising or containing Confidential Information or "Highly Confidential - Attorney's Eyes-Only Information" shall identify such documents by the production number ascribed to them at the time of production.
(c) Demand for discovery and inspection shall be served by ________ on or before ________. The items sought shall be produced to the extent not objected to, and objections, if any, shall be stated on or before ________.
(d) Accident reports prepared in the regular course of business shall be exchanged pursuant to CPLR 3101(g) by ________.
(e) All pleadings, briefs or memor and a which reproduce, paraphrase or disclose any documents which have previously been designated by a party as comprising or containing Confidential Information or "Highly Confidential - Attorney's Eyes-Only Information" shall identify such documents by the production number ascribed to them at the time of production.
____________
____________
____________
All such disclosure, unless otherwise noted herein, shall be completed by ________.
(f) Plaintiff shall provide authorizations for the following collateral source providers (CPLR 4545 within ________ days:
____________
____________
____________
____________
(7) Impleader; Motion(s) to amend the pleadings, or to add parties: Shall be completed on or before ________.
(8) Compliance conference: shall be held on ____________.
(9) End Date for All Disclosure, other than expert disclosure [must be within 12 months, or 15 months for a complex case]: ________
(10) Expert Disclosure:
Plaintiff(s) shall provide expert disclosure by ____________.
Defendant(s) shall provide expert disclosure by ____________.
(11) Motions: Any dispositive motion(s) (CPLR 3211 and 3212) shall be made on or before ________.
(12) Note of Issue: ________ shall file a note of issue/certificate of readiness on or before ________. A copy of the stipulation and order, an affirmation stating that the terms of the stipulation and order have been complied with, and an affidavit of service of the affirmation and note of issue shall be served and filed with the note of issue on or before said date.
(13) The parties shall ensure that a stipulation of discontinuance shall be promptly filed if the case settles before the next meeting with the Court.
Failure to comply with any of these directions may result in the imposition of costs or sanctions or other action authorized by law.
______________
Attorney for Plaintiff(s)
______________
Attorney for Defendant(s)
Dated:
J. S. C.
J. S. C.
N.Y. Comp. Codes R. & Regs. tit. 22, subtit. D, ch. III, subch. D, app D(1)