New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter III - Supreme And County Court Forms › Subchapter D - Appendix D › Appendix D(2) - Preliminary conference stipulation and order for commercial cases

Current through Register Vol. 46, No. 28, July
				  10, 2024
APPENDIX D(2)
SUPREME COURT, COUNT OF ________
INDIVIDUAL ASSIGNMENT PART [OR JUSTICE]
					 ________
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								  - - - - - - - - - - - X
INDEX NO.
Plaintiff(s),
PRELIMINARY CONFERENCE STIPULATION AND ORDER FOR
								  COMMERCIAL CASES
-against-
(Sections
								  202.8 and
								  202.12 of the Uniform
								  Rules)
Defendant(s).
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								  - - - - - - - - - - - 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) 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.
(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 ________.
(4) Impleader; Motion(s) to amend the
					 pleadings or to add parties: Shall be completed on or before
________.
(5) Compliance conference: Shall be held on
					 ____________.
(6) End Date for All Disclosure, other than
					 expert disclosure [must be within 12 months, or 15 months for a complex case]:
					 ________.
(7) Expert Disclosure:
Plaintiff(s) shall provide expert disclosure
					 by ____________.
Defendant(s) shall provide expert disclosure
					 by ____________.
(8) Motions: Any dispositive motion(s) (CPLR
					 3211 and 3212) shall be made on or before ________.
(9) 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 all of the terms of the
					 stipulation and order have been complied with, and an affidavit of service of
					 the note of issue shall be served and filed with the note of issue on or before
					 said date.
(10) 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.
Dated:
______________
Attorney for Plaintiff(s)
______________
Attorney for Defendant(s)
Dated:
J. S. C.
J. S. C.