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 210 - Uniform Civil Rules for the City Courts outside the City of New York › Section 210.17 - Notice of trial where all parties appear by attorney

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) The notice of trial filed by any party
				  pursuant to UCCA 1301 shall be accompanied by a certificate of readiness, with
				  proof of service on all parties in the form prescribed by this section. The
				  notice of trial shall include the index number, the name of the judge to whom
				  the action is assigned, name, office address and telephone number of each
				  attorney and
pro se
party who has appeared, and the name of
				  any insurance carrier acting on behalf of any party.
(b) Within 20 days after service of such
				  notice of trial, any party may move to vacate the notice. The affidavit in
				  support of the application must specify the reason for vacating the
				  notice.
(c) After any notice of
				  trial has been filed pursuant to this rule, no pretrial examination or other
				  preliminary proceedings may be had, except that if some unusual or
				  unanticipated conditions subsequently develop which make it necessary that
				  further pretrial examination or further preliminary proceedings be had, and if
				  without them the moving party would be unduly prejudiced, the court may make an
				  order granting permission to conduct such examination or proceedings and
				  prescribing the time therefor. Such an order may be made only upon motion on
				  notice showing in detail, by affidavit, the facts claimed to entitle the moving
				  party to relief under this subdivision.
(d) Where a party filing a notice of trial,
				  in a medical malpractice action or an action against a municipality, seeking a
				  sum of money only, is prohibited by the provisions of CPLR 3017(c) from stating
				  in the pleadings the amount of damages sought in the action, the party shall
				  indicate in the notice of trial whether the amount of damages exceeds $6,000,
				  exclusive of costs and interest. If it does not, the party shall also indicate
				  if it exceeds $2,000, exclusive of costs and interest.
(e) The certificate of readiness shall read
				  substantially as follows:
CERTIFICATE OF READINESS FOR TRIAL
(Items 1-5 must be checked)
Complete
Waived
Not Required
1.
All pleadings served.
2.
Bill of particulars served.
3.
Physical examinations completed.
4.
Medical reports exchanged.
5.
Discover proceedings now known to be necessary
								completed.
6.
There are no outstanding requests for discovery.
7.
There has been a reasonable opportunity to complete
								the foregoing proceedings.
8.
There has been compliance with any order issued
								pursuant to section 210.11 of the Rules of the Chief Administrator(22 NYCRR
								210.11).
9.
The case is ready for trial.
Dated:____________
(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.
Attorney(s) for:________
Office and P.O. address:______