9.24 - D. Note Of Issue And Certificate Of Readiness

• Jurisdiction: New York

D. Note of Issue and Certificate of Readiness

Even when the case has reached the point separating the pretrial and trial stages—that is, upon the filing of a note of issue and certificate of readiness—you must be alert to situations in which you may need to preserve any objections for appellate review.²¹³¹

For example, if you determine that the certificate has been prematurely filed—whether for lack of opportunity to complete disclosure proceedings or for any other reason—the remedy is to move to vacate the note of issue.²¹³² You have 20 days in which to do that, measured from the service of the certificate of readiness.²¹³³ In the absence of a motion to vacate, further disclosure will be waived.²¹³⁴

In addition, one commentator notes the importance of reading the note of issue to see if it...