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 202.12 - Preliminary conference

Current through Register Vol. 46, No. 28,
				  July 10, 2024
Preamble.
The parties, with the court's assistance, are encouraged to
					 consider as early as possible how best to achieve the most efficient,
					 expeditious and cost-effective resolution of every case. A preliminary
					 conference will frequently be a useful and even critical tool for furthering
					 these goals. A preliminary conference should be held before the assigned judge,
					 soon after commencement of the case and after the parties have conferred. An
					 in-person conference should not be held, however, if such conference will be
					 non-substantive or involve only the submission of a stipulated order (for
					 example, because of the nature of the case or the caseload of the particular
					 court or the assigned judge, or otherwise). In such cases, stipulations should
					 be submitted or a scheduling order should be issued in accordance with
					 subdivisions (b) or (g) of this section and counsel should not be required to
					 appear. Further, pursuant to section
					 202.10 of this part, the court may
					 also in its discretion, address preliminary conference matters, in whole or in
					 part, telephonically or by remote technology with the attorneys for all
					 parties.
When preliminary conferences are held, the court shall
					 engage the parties in a discussion of the merits of the case aimed at
					 determining how best to resolve the dispute as expeditiously and efficiently as
					 possible. Among other topics, the court and the parties may consider at the
					 preliminary conference:
* the principal factual and legal issues in dispute;
* the timing of presumptive mediation and the
					 appropriateness of other forms of alternative dispute resolution for the
					 dispute;
* the timetable for the proceedings, including the
					 appropriateness of sequencing motion practice, discovery or other aspects of
					 the case, to address threshold dispositive issues while discovery on other
					 issues is held in abeyance;
* other matters as set forth in subdivision (c) of this
					 section; and
* the date for a subsequent conference to follow-up on the
					 matters discussed at the preliminary conference.
(a) A party may request a preliminary
				  conference at any time after service of process. The request shall state the
				  title of the action; index number; names, addresses, telephone numbers and
				  email addresses of all attorneys appearing in the action; and the nature of the
				  action. If the action has not been assigned to a judge, the party shall file a
				  request for judicial intervention together with the request for a preliminary
				  conference. The request shall be served on all other parties and filed with the
				  clerk for transmittal to the assigned judge. The court shall order a date for
				  preliminary conference in any action upon such request and subject to the
				  following.
(b) In the absence of a
				  party request as set forth in subdivision (a), and except as provided in
				  subdivision (g), after the filing of a request for judicial intervention, the
				  court shall promptly email to all parties the form of a stipulation and order,
				  prescribed by the Chief Administrator of the Courts which shall provide for
				  completion of disclosure within twelve (12) months of the filing of the request
				  for judicial intervention for a standard case, or within fifteen (15) months of
				  such filing for a complex case. The form of the stipulation shall contain a
				  certification by attorneys for the parties that they have met and conferred on
				  the items set forth in sections
				  202.11 and
				  202.12(c). If all
				  parties sign the form and return it to the court within thirty (30) days, such
				  form shall be "so ordered" by the court and no preliminary conference shall be
				  held unless the court orders otherwise. If such stipulation is not returned
				  signed by all parties, the court shall schedule a conference to be held
				  virtually before the court or, in the court's discretion, nonjudicial
				  personnel, for the purpose of completing the form stipulation. Except where a
				  party appears in the action pro se, an attorney thoroughly familiar with the
				  action and authorized to act on behalf of the party shall appear at such
				  conference.
(1) If the parties agree on the
				  form stipulation it may be "so ordered" by the court. Where the parties cannot
				  agree, or where issues arise that need judicial intervention, the court may
				  schedule a conference before the assigned judge or before the judge in charge
				  of the preliminary conference part. At the discretion of the court, the
				  conference may be held virtually or in person.
(2) At the preliminary conference the parties
				  shall be prepared to discuss the items set forth in sections
				  202.11 and
				  202.12(c) and
				  such other items as the court may direct.