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 212.18 - Calendars of triable actions

Current through Register Vol. 46, No.
				  28, July 10, 2024
There shall be such calendars as may be
					 established, from time to time, in the discretion of the Chief Administrator of
					 the Courts. These calendars may include:
(a) General calendar. A general calendar
				  is for actions in which issue has been joined.
(b) Pretrial conference calendar. A
				  pretrial conference calendar is for actions awaiting conference in a pretrial
				  conference part. Actions shall be taken in order from the top of the general
				  calendar and placed at the end of the pretrial conference calendar.
(c) Reserve calendars. A reserve
				  calendar is for actions in which a notice of trial, conforming to section 1301
				  of the UDCA, and certificate of readiness have been filed. Upon the filing of
				  such notice in any action with the clerk, at least 10 days before the day fixed
				  for trial, the action shall be placed at the end of either the reserve jury
				  trial calendar or the reserve nonjury trial calendar, as the case may be. Where
				  an action is placed on a reserve nonjury trial calendar but subsequently a
				  demand for a trial by jury is timely served and filed, the action shall
				  immediately be transferred to the end of the reserve jury trial calendar. Once
				  placed on a calendar, the action shall remain thereon until disposed of,
				  stricken, transferred or otherwise removed. The calendars shall be deemed
				  continuous and no change in the order of original placement shall be made,
				  except as provided in this Part, by court order or as may be required by
				  provisions of law.
(d)
				  Ready calendars. A ready calendar is for actions that have been transferred
				  from a reserve calendar because a trial is imminent, for noticed inquests and
				  assessments of damages and for actions in which any party appears in person.
				  There shall be as many ready calendars with such classifications of actions as
				  the Chief Administrator shall direct.
(e) Continuous calendars. In any court
				  not continuously in session, the calendars at the close of one term or session
				  of court shall be used to open the following term or session, and actions on
				  the calendars shall retain their positions.
(f) Military calendar. A military
				  calendar shall be utilized to hold in suspense any action that cannot
				  reasonably be tried because a party or witness is in military service. When it
				  shall appear to the satisfaction of the judge presiding that a party to an
				  action or a witness necessary upon the trial is in military service, and is not
				  presently available for trial, and that a deposition cannot be taken, or, if
				  taken, would not provide adequate evidence, the case shall be designated "
				  military" and transferred to a military calendar.
Any case on the military calendar may be
					 removed therefrom by further order of the court or by filing with the calendar
					 clerk, at least five days before such date, a stipulation of the parties who
					 have appeared or a notice to restore, together with proof of service of such
					 notice on all other parties; except that if any party appearing in person seeks
					 such restoration, he may apply to the clerk, who shall refer his application to
					 the judge in the appropriate calendar part for disposition upon such notice to
					 all parties or their attorneys as the judge shall direct.
(g) Calendar progression. With
				  due regard to the requirements of statutory preferences and of section
				  208.20 of this Part, when actions
				  are advanced from one calendar to another they shall progress from the head of
				  one calendar to the foot of the next calendar and otherwise progress in order
				  insofar as practicable unless otherwise determined by the court.