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 212 - Uniform Civil Rules for the District Courts › Section 212.23 - Call of reserve, ready and general calendars

Current through Register
				  Vol. 46, No. 28, July 10, 2024
(a) Reserve calendars. At such times as
				  the Chief Administrator of the Courts shall prescribe, there shall be a call of
				  actions on the reserve calendars in sequence and in sufficient number to insure
				  a steady supply of cases to the ready calendar. When such a call is held, the
				  actions thereon, if marked "ready," shall be passed and subsequently added to
				  the ready calendar, or may be marked "disposed" or stricken from the calendar,
				  as may be appropriate.
(b) Ready calendars.
(1) The ready calendars shall be called
				  at such time and in such parts as the Chief Administrator shall direct. Actions
				  shall be called in order and shall be announced "ready," "ready subject to
				  engagement" or "disposed." If any party does not so respond, the calendar judge
				  shall treat the action as in default, unless for good cause shown, arising
				  after the action appeared on the ready calendar and not reasonably discoverable
				  or foreseeable, the judge shall direct that the action be held on the ready
				  calendar for a period not to exceed 10 days. If the inability to proceed to
				  trial is expected to exceed 10 days, the action shall be returned to the
				  reserve calendar or stricken from the calendar, as circumstances warrant,
				  unless, for good cause shown, the court on application grants an
				  adjournment.
(2)
				  Actions announced "ready" on the call of the calendar shall be assigned in
				  order to the available trial parts. Jury actions will be sent out for jury
				  selection if a trial part is available, or scheduled for jury selection at the
				  opening of court on the next court day or as soon as practicable thereafter.
				  Subject to the provisions of section
				  212.25 of this Part, no delay will
				  be permitted in selection of a jury, and failure of counsel to proceed as
				  directed or to appear promptly at the directed time on the specified court day
				  will be treated as a calendar default.
(3) The actions on the ready calendar
				  must be answered by or on behalf of the trial counsel each day the calendar is
				  called, unless otherwise ordered by the calendar judge, or unless trial counsel
				  already has demonstrated an engagement during one or more days. The calendar
				  judge may discontinue the call of the ready calendar when sufficient ready
				  cases have been identified to fill all trial parts available on the day of the
				  call and which are expected to become available on the next court
				  day.
(4) When an
				  action has been announced "ready" but no part is immediately available, counsel
				  may arrange with the calendar judge to be summoned by telephone, provided they
				  agree to hold themselves available and to appear on one hour's notice or at
				  such other time as the court may order at the time and part assigned for the
				  trial.