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 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.21 - Note of issue and certificate of readiness

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) General. No action or special
				  proceeding shall be deemed ready for trial or inquest unless there is first
				  filed a 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 is not required
				  for an application for court approval of the settlement of the claim of an
				  infant, incompetent or conservatee. The note of issue shall include the county
				  clerk's index number; the name of the judge to whom the action is assigned; the
				  name, office address and telephone number of each attorney who has appeared;
				  the name, address and telephone number of any party who has appeared pro se;
				  and the name of any insurance carrier acting on behalf of any party. Within 10
				  days after service, the original note of issue, and the certificate of
				  readiness where required, with proof of service where service is required,
				  shall be filed in duplicate with the county clerk together with payment of the
				  calendar fee prescribed by CPLR 8020 or a copy of an order permitting the party
				  filing the note of issue to proceed as a poor person, and a duplicate original
				  with proof of service shall be filed with the clerk of the trial court. The
				  county clerk shall forward one of the duplicate originals of the note of issue
				  to the clerk of the trial court stamped "Fee Paid" or "Poor Person
				  Order."
(b) Forms. The
				  note of issue and certificate of readiness shall read substantially as follows:
NOTE OF ISSUE
Calendar No. (if any) ________ For use of
					 clerk
Index No. ________
________ Court, ________ County
Name of assigned judge ............
Notice for trial
Trial by jury demanded ________
________ of all issues
________ of issues specified below
________ or attached hereto
Trial without jury ________
Filed by attorney for ____________
Date summons served ____________
Date service completed ____________
Date issue joined ____________
Nature of action or special
					 proceeding
Tort:
Motor vehicle negligence ________
Medical malpractice ________
Other tort ________
Contract ________
Contested matrimonial ________
Uncontested matrimonial ________
Special preference claimed Tax certiorari
					 ________
under ________ Condemnation ________
on the ground that ________ Other (not
					 itemized above) ________
________ (specify)
Attorney(s) for Plaintiff(s) Indicate if
					 this action is
Office and P.O. Address: brought as a class
					 action ________
Phone No.
Attorney(s) for Defendant(s)
Office and P.O. Address:
Phone No. Amount demanded $
					 ____________
Other relief ____________
Insurance carrier(s), if known:
NOTE: The clerk will not accept this note of
					 issue unless accompanied by a certificate of readiness.
CERTIFICATE OF READINESS FOR TRIAL
(Items 1-7 must be checked)
Not
Complete Waived required
1. All pleadings served.
				  ________ ________ ________
2. Bill of particulars served. ________
				  ________ ________
3.
				  Physical examinations completed. ________ ________ ________
4. Medical reports exchanged.
				  ________ ________ ________
5. Appraisal reports exchanged. ________
				  ________ ________
6.
				  Compliance with section
202.16 of the Rules of the
Chief Administrator (22 NYCRR
202.16) in matrimonial actions. ________
					 ________ ________
7. Discovery proceedings now known to be
				  necessary completed. ________ ________ ________
8. There are no outstanding
				  requests for discovery.
9. There has been a reasonable
				  opportunity to complete the foregoing proceedings.
10. There has been compliance
				  with any order issued pursuant to section
				  202.12
of the Rules of the Chief
Administrator (22 NYCRR
202.12).
11. If a medical malpractice
				  action, there has been compliance with any order issued pursuant to section
202.56 of the Rules of the
Chief Administrator (22 NYCRR
202.56).
12. The case is ready for
				  trial.
Dated: ________
(Signature) ________
Attorney(s) for: ________
Office and P.O. address: ________
________