§ 206.12 Note of issue and certificate of readiness
Rule Text
(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 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)
Complete
Waived
Not 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
______
______
______
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 motions to restore notes 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.