New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 206 - Uniform Rules For The Court Of Claims › Section 206.12 - Note of issue and certificate of readiness

Current through Register
				  Vol. 46, No. 28, July 10, 2024
(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: ____________
_______________________________