2023 New York Laws › CVP - Civil Practice Law and Rules › Article 34 - Calendar Practice; Trial Preferences › R3406 - Mandatory Filing and Pre-Calendar Conference in Dental, Podiatric and Medical Malpractice Actions.

Rule  3406.  Mandatory  filing  and pre-calendar conference in dental,
podiatric and medical malpractice actions.  (a)  Mandatory  filing.  Not
more  than  sixty days after issue is joined, the plaintiff in an action
to recover damages for dental, medical or  podiatric  malpractice  shall
file  with  the  clerk  of  the court in which the action is commenced a
notice of dental, medical or podiatric malpractice action, on a form  to
be  specified  by  the  chief administrator of the courts. Together with
such notice, the plaintiff shall file: (i)  proof  of  service  of  such
notice  upon  all  other  parties  to  the  action;  (ii) proof that, if
demanded,  authorizations  to  obtain  medical,  dental,  podiatric  and
hospital records have been served upon the defendants in the action; and
(iii)  such  other  papers as may be required to be filed by rule of the
chief administrator of the courts. The  time  for  filing  a  notice  of
dental,  medical  or podiatric malpractice action may be extended by the
court only upon a motion made pursuant to section two thousand  four  of
this chapter.
(b) Pre-calendar conference. The chief administrator of the courts, in
accordance  with  such  standards  and administrative policies as may be
promulgated pursuant to section  twenty-eight  of  article  six  of  the
constitution,  shall adopt special calendar control rules for actions to
recover damages for dental, podiatric or medical malpractice. Such rules
shall require a pre-calendar conference in such an action,  the  purpose
of  which  shall include, but not be limited to, encouraging settlement,
simplifying  or  limiting  issues  and  establishing  a  timetable   for
disclosure, establishing a timetable for offers and depositions pursuant
to  subparagraph  (ii)  of  paragraph  one of subdivision (d) of section
thirty-one hundred one of this chapter, future conferences,  and  trial.
The  timetable  for  disclosure  shall  provide  for  the  completion of
disclosure not later than twelve months  after  the  notice  of  dental,
podiatric  or  medical  malpractice  is filed and shall require that all
parties be ready for the trial of  the  case  not  later  than  eighteen
months  after  such notice is filed. The initial pre-calendar conference
shall be held after issue is joined in a case but before a note of issue
is filed. To the extent feasible, the justice convening the pre-calendar
conference shall hear and decide all subsequent pre-trial motions in the
case  and  shall  be  assigned  the  trial  of  the  case.   The   chief
administrator  of  the  courts  also shall provide for the imposition of
costs or other sanctions, including imposition of reasonable  attorney's
fees,  dismissal  of  an  action,  claim,  cross-claim,  counterclaim or
defense, or rendering a judgment by default for failure of a party or  a
party's  attorney to comply with these special calendar control rules or
any order of a court made thereunder. The  chief  administrator  of  the
courts,  in  the  exercise of discretion, may provide for exemption from
the requirement of a pre-calendar conference in any judicial district or
a county where there exists no demonstrated need for such conferences.