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(1) - Preliminary conference stipulation and order

Current through Register Vol. 46, No. 28, July
				  10, 2024
APPENDIX D(1)
SUPREME COURT, COUNT OF ________
INDIVIDUAL ASSIGNMENT PART [OR JUSTICE]
					 ________
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INDEX NO.
Plaintiff(s),
PRELIMINARY CONFERENCE STIPULATION AND
								  ORDER
-against-
(Sections
								  202.8 and
								  202.12 of the Uniform
								  Rules)
Defendant(s).
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[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) Bill of Particulars:
(a) Demand for a bill of particulars shall
					 be served by ________ on or before ________.
(b) Bill of particulars shall be served by
					 ________ on or before ________.
(3) Medical Reports and Authorizations:
Shall be served as follows: ________
________
________
________
(4) Physical Examination:
(a) Examination of ____________ shall be
					 held
____________
____________.
(b) A copy of the physician's report shall
					 be furnished to plaintiff(s) within ________ days of the examination.
(5) 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.
(6) Other Disclosure:
(a) All parties, on or before ________,
					 shall exchange names and addresses of all eyewitnesses and notice witnesses,
					 statements of opposing parties and photographs, or, if none, provide an
					 affirmation to that affect.
(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.
(c) Demand for discovery and inspection
					 shall be served by ________ on or before ________. The items sought shall be
					 produced to the extent not objected to, and objections, if any, shall be stated
					 on or before ________.
(d) Accident reports prepared in the regular
					 course of business shall be exchanged pursuant to CPLR 3101(g) by
					 ________.
(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 ________.
(f) Plaintiff shall provide authorizations
					 for the following collateral source providers (CPLR 4545 within ________ days:
____________
____________
____________
____________
(7) Impleader; Motion(s) to amend the
					 pleadings, or to add parties: Shall be completed on or before ________.
(8) Compliance conference: shall be held on
					 ____________.
(9) End Date for All Disclosure, other than
					 expert disclosure [must be within 12 months, or 15 months for a complex case]:
					 ________
(10) Expert Disclosure:
Plaintiff(s) shall provide expert disclosure
					 by ____________.
Defendant(s) shall provide expert disclosure
					 by ____________.
(11) Motions: Any dispositive motion(s)
					 (CPLR 3211 and 3212) shall be made on or before ________.
(12) 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 the terms of the stipulation
					 and order have been complied with, and an affidavit of service of the
					 affirmation and note of issue shall be served and filed with the note of issue
					 on or before said date.
(13) 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.
______________
Attorney for Plaintiff(s)
______________
Attorney for Defendant(s)
Dated:
J. S. C.
J. S. C.