N.Y. Comp. Codes R. & Regs. Tit. 22 § 208.18 - Calendars of triable actions
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)
(1) General calendar. A general calendar
is for actions in which issue has been joined.
(2) Preliminary conference
calendar. A preliminary conference calendar is for the calendaring for
conference of cases after issue has been joined for specific classes of cases
designated by the Chief Administrator of the Courts.
(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 or preliminary conference 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
NYCCCA, and a 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 an 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.
Notes
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