Note of Issue, Trial Calendar, and Trial Preferences

• Author: Edward L. Birnbaum/Carl T. Grasso/Ariel E. Belen
• Pages: 115-142

TRIAL CALENDAR/

PREFERENCES

CHAPTER 3

NOTE OF ISSUE, TRIAL

CALENDAR, AND TRIAL

PREFERENCES

§3:01 New York Trial Notebook 3-2

TRIAL CALENDAR/

PREFERENCES

I. PLACING CASE ON TRIAL

CALENDAR

A. GENERAL POINTS

§3:01 What Is Calendar

Practice?

A calendar is a list of cases awaiting some

action by the court. The New York Supreme Court

maintains various kinds of court calendars. Before

a case can come to trial, it must be placed on a

trial calendar.

In general, a trial calendar is a list of cases

that are ready for trial in that discovery has been

completed and issue has been joined. Calendar

practice refers to the process of placing a case on

a trial calendar and ensuring that it remains there

until tried.

§3:02 Governing Law

The placement of cases on the trial calendars

for all New York courts is governed by the

applicable provisions of the CPLR and the Uniform

Rules for the New York State Trial Courts. The

Uniform Rules are found in Title 22 of the Official

Compilation of Codes, Rules and Regulations of

the State of New York. In addition to local court

rules, individual judge’s rules may affect trial

calendars.

[§§3:03–3:09 Reserved]

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

New York courts have similar statewide

prerequisites for placing a case on the trial calendar

or assigning it a trial date. In the Supreme Court,

County Court, and Court of Claims, a note of issue

and certificate of readiness must first be filed.

[See 22 NYCRR §202.21 (Supreme and County

Courts); 22 NYCRR §206.12 (Court of Claims).]

Some New York counties (Kings, Nassau, Suffolk,

and Westchester) require a certification conference

before a note of issue and certificate of readiness

may be filed. [For conferences, see Ch 2.]

In New York City Civil Court, the City Courts

outside of New York City, and the District Courts,

a notice of trial and a certificate of readiness are

required. [See 22 NYCRR §208.17 (New York

City Civil Court); 22 NYCRR §210.17(a) (City

Courts outside the City of New York); 22 NYCRR

§212.17(a) (District Courts).]

In Surrogate’s Court the court may require a

note of issue and certificate of readiness, while

neither is required in the Justice Courts. [See 22

NYCRR §214 et seq.]

§3:11 Request for Judicial

Intervention

If the case is in a court that has an Individual

Assignment System (IAS) case management

program, such as the Supreme Court, County Court,

Court of Claims, and the City Courts outside New

York City, a request for judicial intervention (RJI)

must be filed (if not previously filed) before the

case can be put on the trial calendar. [22 NYCRR

§202.6 (Supreme Court and County Court); 22

NYCRR §206.3 (Court of Claims); 22 NYCRR

§210.3 (City Courts outside New York City).]

[§§3:12–3:19 Reserved]

2. Note of Issue

§3:20 Note of Issue Defined

A note of issue provides basic information

about the case such as index number, the assigned

judge, whether a jury trial is demanded, the date

of service, the date issue was joined, the type

of case, preferences [see §3:110 ff], names and

addresses of the attorneys, and any special relief

demanded. A form for the note of issue is found

in the applicable Uniform Rule. [See 22 NYCRR

§202.219(b) (Supreme and County Courts); 22

NYCRR §206.12(b) (Court of Claims).]

FORMS:

Form 3:10 Note of Issue