Note of Issue, Trial Calendar, and Trial Preferences

• Author: Edward L. Birnbaum/Carl T. Grasso/Justice Ariel E. Belen
• Pages: 105-132

TRIAL CALENDAR/

PREFERENCES

3-1

CHAPTER 3

NOTE OF ISSUE, TRIAL CALENDAR,

AND TRIAL PREFERENCES

I. PLACING CASE ON TRIAL CALENDAR

A. General Points

§3:01 What Is Calendar Practice?

§3:02 Governing Law

B. Note of Issue and Certif‌icate of Readiness

1. Prerequisites for Placing Case on Trial Calendar

§3:10 Note of Issue or Notice of Trial and Certif‌icate of Readiness Required

§3:11 Request for Judicial Intervention

2. Note of Issue

§3:20 Note of Issue Def‌ined

§3:21 Time for Filing Note of Issue

§3:22 Medical, Dental, and Podiatric Malpractice Cases

§3:23 Considerations of Trial Timing

§3:24 New Parties Added After Note of Issue Filed

§3:25 Demand for Note of Issue

§3:26 Trial When Note of Issue Not Required

3. Certif‌icate of Readiness

§3:40 Certif‌icate of Readiness Def‌ined

§3:41 Discovery Cut Off

C. Procedure in Specif‌ic Courts

1. Supreme and County Courts

§3:50 Filing Note of Issue and Certif‌icate of Readiness

§3:51 Fees

§3:52 Trial Calendars

§3:53 Trial Parts Dual-Track (First and Second Departments)

2. Court of Claims

§3:60 Filing Note of Issue and Certif‌icate of Readiness

§3:61 Fee

§3:62 Trial Calendar

3. Surrogate’s Court

§3:70 Note of Issue and Certif‌icate of Readiness

§3:71 Trial Calendars

4. New York City Civil Court, City Courts, and District Cour ts

a. Notice of Trial and Certif‌icate of Readiness

§3:80 Placement on Trial Calendar on Joinder of Issue

§3:81 Notice of Trial

TRIAL CALENDAR/

PREFERENCES

New York Trial Notebook 3-2

§3:82 Pro Se Party

§3:83 Trial Often Not Set Within Statutory Periods

b. Trial Calendars

§3:90 New York City Civil Court

§3:91 City Courts

§3:92 District Court

5. Justice Courts

§3:100 Trial Date

II. TRIAL PREFERENCES

§3:110 Effect of Trial Preference

§3:111 Grounds for Granting

§3:112 Preference Mandatory

§3:113 Preferences Not Applied in Particular Order

§3:114 When More Than One Preference Applies

§3:115 Trial Preference in the Interests of Justice

§3:116 Personal Injury and Wrongful Death

§3:117 When to Apply for Preference

§3:118 Procedure for Seeking Preference

§3:119 Objecting to Preference Application

§3:120 Reverse Preference Under CPLR 325(d)

FORMS

Form 3:10 Note of Issue

Form 3:20 Certif‌icate of Readiness for Trial

Form 3:30 Civil Court Notice of Trial

Form 3:40 Civil Court Certif‌icate of Readiness for Trial

Form 3:50 Order Granting Permission to File Note of Issue

Form 3:60 Demand to File Note of Issue From Defendant

Form 3:70 Notice of Motion to Dismiss Complaint for Neglect to Prosecute

Form 3:80 Aff‌idavit in Support of Motion for Dismissal of Complaint for Neglect to Prosecute

Form 3:90 Notice of Motion for a Trial Preference

Form 3:100 Aff‌irmation in Support of Motion for a Trial Preference

Form 3:110 Aff‌irmation in Opposition to Motion for Trial Preference

Form 3:120 Order Granting Preference