Post-Note of Issue Discovery

• Author: Edward L. Birnbaum/Carl T. Grasso/Justice Ariel E. Belen
• Pages: 183-202

POST-NOTE OF

ISSUE DISCOVERY

6-1

CHAPTER 6

POSTNOTE OF ISSUE DISCOVERY

I. GENERAL POINTS

§6:01 Methods of Obtaining Post-Note of Issue Discovery

§6:02 Agreement to Continue Discovery Is Unenforceable

§6:03 Distinction Between Two Situations

§6:04 Supplemental Disclosure Distinguished

§6:05 Supplemental Bill of Particulars in Personal Injury Actions

§6:06 Third Party Post-Note of Issue Discovery Practice

II. VACATING AND REINSTATING NOTE OF ISSUE

A. Vacating Note of Issue

§6:20 20-Day Deadline for Motion to Vacate

§6:21 Caution: Stick to 20-Day Deadline

§6:22 Grounds for Vacating

§6:23 Grounds for Denial of Motion

B. Reinstating Note of Issue

§6:30 Motion to Reinstate

§6:31 Deadline for Motion to Reinstate

III. REOPENING DISCOVERY FOR UNUSUAL OR UNANTICIPATED CIRCUMSTANCES

A. General Points

§6:40 Requirements

§6:41 Case Remains on Trial Calendar

B. What Constitutes Unusual or Unanticipated Circumstances?

§6:50 Mere Passage of Time Insuff‌icient

§6:51 Independent Medical Exams

§6:51.1 HIPAA Exceptions

§6:52 Post-Note of Issue Deposition

§6:53 Post-Note of Issue Inspection

FORMS

Form 6:10 Notice of Motion to Strike Note of Issue

Form 6:20 Aff‌irmation in Support of Motion to Strike Note of Issue

Form 6:30 Order Striking Note of Issue

Form 6:40 Notice of Motion for Post-Note of Issue Discovery

Form 6:50 Aff‌irmation in Support of Motion Permitting Post-Note

of Issue Discovery and Extending Date for Trial

Form 6:60 Order Extending Date for Trial and Permitting Discovery

POST-NOTE OF

ISSUE DISCOVERY

(Τηισ παγε ιντεντιοναλλψ λεφτ βλανκ.)